Residence as an EU national or family member of an EU citizen
What are your rights and when do you need assistance?
Are you a citizen of an EU Member State, or a family member of someone who is? In many cases, you have the right to reside in the Netherlands. However, while the rules may appear flexible on paper, practice often proves more complex. I am happy to help you arrange everything properly from a legal perspective, so you are not faced with any surprises.
Residence for EU nationals
As a citizen of the European Union, you may come to the Netherlands without a residence permit. You are granted a so-called free period of three months. During this period, you do not need to have a specific purpose of stay. You may simply be here.
If you stay longer than three months, you must be able to demonstrate that you are lawfully residing in the Netherlands, for example as:
- An employee
- A self-employed person
- A job seeker
- A student
- Economically inactive (with sufficient financial means)
You do not need to apply for a residence permit for this. Registration with the IND is only required if you also wish to apply for residence for family members who do not themselves have EU nationality.
Residence for family members of EU nationals
Are you the partner, spouse, or child of an EU citizen? In that case, you can often reside in the Netherlands on the basis of the right to family reunification under EU law (Directive 2004/38). This is known as derived right of residence.
The advantages:
- No mandatory civic integration exam
- Lower income requirements than applications under national law
- Often fewer supporting documents required
However, this procedure also comes with challenges. The IND asks critical questions, for example about whether there is a genuine relationship, especially in the case of unmarried partners. An error in your application or unclear evidence can lead to rejection. It is therefore advisable to get it right the first time.