When you, as a citizen of the European Union, exercise your right to work or live in another EU country, your right to reside in the Netherlands is derived from European law. This is laid down in the European Directive 2004/38 "right of free movement and residence of citizens of the Union and their family members".

However, it is not the intention that you make use of the State's support measures, in other words applying for benefits under the Participation Act is most of the time not a wise thing to do, due to the fact that the municipality is also obliged to inform the INS.

One of the rights of an EU citizen is to be able to take members of his or her family with him or her, irrespective of their nationality. The conditions that apply in this case are much more favourable than those that would normally apply to family reunification. For example, there is no need for a provisional residence permit (MVV). Also, the partner/spouse is not required to pass the Civic Integration Examination and the obligation to integrate does not apply either. In addition, there is no income requirement but, as mentioned above, in principle no use should be made of the State's support measures.

After five years of residence, EU citizens and their family members will automatically acquire the right of permanent residence or a permanent residence status. Ex-partners and ex-spouses of EU citizens may also qualify for continued residence if the relationship or marriage has lasted three years. The married couple should have spend one of this three years in the Netherlands.

Dutch citizens can also use EU law by moving to another EU country with their family members for a while and returning to the Netherlands later on. More information can be found on our website under the heading Belgium route / EU route.

As an EU citizen or a family member of an EU citizen, you do not receive a residence permit but a residence card. If you want to know whether you qualify for such a residence card, you can ask the INS to review your situation on the basis of EU law. If you wish to do so, or if you have done so and the INS has rejected your request, Berte advocaten's experienced immigration attorneys will be able to advise and assist you. Register your case for free using the form on our website or contact us by telephone.