Which family members?

Which family members are entitled to a derived asylum status?

  • members of the core family: the spouse and minor children;
  • the (unmarried) partner and the adult dependent children;
  • parents of a single minor.

The underage and young adult siblings of the unaccompanied minor belonging to the family may (if they travel to the Netherlands together with the parent(s)) be granted residence on the ground of Article 8 of the ECHR (right to family life).

The reference point to determine if the referent is a minor or not is the date of entry into the Netherlands and of the date of the asylum application .

If there is a wish to reunite with other family members such as brother(s) and/or sister(s) who cannot be regarded as foster children, or with (old) parents (in the case of an adult or young adult asylum status holder), the right to family life as laid down in article 8 ECHR is the only right that can be invoked.

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