In its ruling of 6 September 2011, no. 201009139/1, the Council of State held that to acquire a right to residence domestic partners of EU nationals may be asked to demonstrate that they have had a relationship for at least six months and have been living together during this period.

The Minister, however, may not dismiss applications  because no entry has been made into the municipal personal records database; all the evidence of a long-term relationship should be considered in the review.

In its ruling of 14 September 2011, no.  201012035/1, the Council of State held that domestic partners of Dutch nationals who have exercised the right of free movement, and then join these Dutch nationals when returning to the Netherlands, are lawfully resident in the Netherlands. The Council held further that no duty to report may be imposed on those partners. However, they must hold valid passports and be able to demonstrate their long-term relationship with the Dutch nationals.