Netherlands: Government Delays Restrictions on Accompanying Family Member Benefits
The Dutch government has indefinitely delayed the implementation of new rules that were to limit family-based residence permits to legally married or registered foreign domestic partners and immediate family members. The new policy was to take effect on July 1.
Until the new policy is implemented, unmarried or unregistered partners and extended family members will be able to apply for residence permits in the extended family reunification/family visitor category under existing rules. Even though the new policy has been delayed, foreign nationals planning to apply for residence permits for family reunification should still file their applications as soon as possible.
When the new rules are implemented, unmarried or unregistered partners and extended family members will in most cases no longer be able to obtain residence permits in the extended family reunification/family visitor category. However, family members holding current residence permits will be exempt and will remain able to renew their permits under current rules.
There will also be a limited exception for unmarried partners for whom it is legally impossible to marry or register their partnership in their home country, such as where the home country prohibits same-sex or interfaith marriage or makes no provision for partnership registration. In these cases, affected unmarried partners will be able to apply for a provisional six-month residence permit to enter in the Netherlands and get married or register a partnership.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global or send an email to emea@fragomen.com.