EU citizens and family members

EU citizens

EU citizensĀ have, thanksĀ to the EU treaty, a free period of six months in the Netherlands (or any other EU country). This means that a national of one of the EU may stay in any of the countries of the EU during for the first six months of residence without having to show any purpose of stay.

After the free period, the concerned EU citizen must be able to demonstrate that he or she stays here as an employee, student, service provider/recipient, trader or as a family member of a legal resident of the Netherlands.

EU citizens only need to register with the Immigration – and Naturalization Service if they wish to apply for family members who do not have EU citizenship.

Since July 2018 Croations also have free access to the Dutch labor market. This brings Croations to an equal level with Dutch and other EU nationals.

Family members of EU citizens

Family (marriage) partners and children of EU citizens derive from EU law a derivative right of residence in the Netherlands. This right is enshrined in EU Directive 2004/38.

The family members of EU citizens enjoy more lenient admittance requirements than the so called third country nationals (persons from outside the eU). For instance are exempted from the MVV (mandatory entrance visa) and integration requirement. This means they can apply directly here for their residence permit instead of first having to return to their country of origin. Furthermore the income requirements on the sponsor are much less stringent than they are for persons who do not fall under the scope of Directive 2004/38.

EU citizens furthermore enjoy enhanced protection against any expulsion decision. Conduct that justifies expulsion, should form an actual and sufficiently serious threat to public order or public security

As of March 29th 2019 the UK will no longer be a part of the EU. Therefore British nationals and their family member will be required to comply with the conditions of “ordinary” residence permits. Brits already residing in the Netherlands prior to the Brexit will be offered the chance to apply for a residence permit, which will enable them to continue living here.

If you as an EU citizen wish to apply for family members who do not have EU citizenship or the IND wants to end your residence, you can call us (020-6161487) or email (info@altadvocaten.nl) for a consultation.