You left your familiar life behind and came to the Netherlands for love. On top of the emotional loss, your residence permit may also be at stake because it depends on your partner. In an already difficult time, even more uncertainty can arise. What does this mean for your future in the Netherlands? Do you have to move, give up your social circle, stop your career, or even leave the country? The good news: not always.
In this blog, I explain your options. Because even after a relationship ends, you can often stay in the Netherlands, depending on your situation. Below we discuss seven scenarios in which you may be able to keep your residence permit.
What happens to your residence permit?
If your relationship or marriage ends, the Immigration and Naturalisation Service (IND) may withdraw your residence permit. After all, you no longer meet the conditions. Whether you report it or not, the IND can find out through the municipality, divorce documents, or even third-party tips that you no longer live together. And then what?
Your future depends on your personal situation. Here are the seven most common scenarios in which you may be able to stay in the Netherlands:
- Relationship or marriage with a Dutch citizen (at least 5 years)
Have you had a residence permit based on your relationship for five years or longer? Then you can apply for an independent residence permit, provided you have a civic integration diploma. Are you a Turkish national? Then you may qualify for an independent residence permit after three years. - Relationship or marriage with an EU citizen (at least 3 years)
Were you married to or in a relationship with an EU citizen (from an EU country other than the Netherlands) and did your relationship last at least three years, with at least one year living together in the Netherlands? In that case, you often keep your residence status even after the break-up. - Relationship or marriage with a Dutch citizen: a Dutch child was born
Are you the parent of a minor Dutch child? Then you may be able to stay, provided you can show you are actively involved in the care and upbringing of your child. Good news: you do not need a civic integration diploma or proof of income. - Relationship or marriage with an EU citizen: an EU child was born
If your child has the nationality of an EU country, you may be allowed to stay if you have parental authority or there is a contact arrangement. Make sure you can demonstrate sufficient income to support yourself. The income requirement does not apply if your children attend school and you are the caregiving parent. - Relationship or marriage: a child was born who is neither Dutch nor an EU citizen
If your child is not Dutch or an EU citizen, the situation is more complex. You will generally need to rely on Article 8 of the European Convention on Human Rights (ECHR), in which the IND assesses your bond with your child and the upbringing circumstances. - Relationship or marriage ended due to domestic violence
Did (threatening) domestic violence lead to the end of your relationship, and can you prove this with sufficient evidence, such as statements from the police, support workers, or medical reports? Then you may be entitled to an independent residence permit. - Relationship or marriage ended due to the death of your partner
If your partner passes away and they had Dutch nationality or a residence permit for a non-temporary purpose, you may be able to claim an independent residence permit.
What if none of these scenarios applies to you?
No need to panic. There are often other ways to extend or change your residence right. What best fits your life now? Perhaps it is a chance to pursue your goals, build your career, or start over. There are always options to explore. Do not get discouraged, and do not leave any opportunity unused. Make sure you apply for a change in time and prevent having to return to your country of origin.
Do you want to know what your options are?
Feel free to contact us. We are ready to help you find the best solution for your situation. We are happy to support you in shaping your future in the Netherlands.