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Currently, family reunification in the Netherlands is only possible for members of the nuclear family unit. The nuclear family unit are the partners/spouses and children under 18.

Adult children (age 18 and over) are not part of the nuclear family unit. They only qualify for family reunification if 'more than normal emotional ties' (in the sense of article 8 of the ECHR) exist between the parents and their adult child.

In order to comply with rulings from the European Court on Human Rights, the IND introduced the following policy rules for ‘young adults’ in late 2016:

It is not necessary to prove the existence of more than normal emotional ties if the adult child is:

  • a young adult
  • who has always belonged to the family of his/her parents
  • and continues to do so.

According to the IND policy rules, the IND considers a young adult to be someone between 18-25 years old.

In order to determine whether the young adult has always belonged to the family of his/her parents and continues to do so, the IND will always examine the following factors:

  • does the young adult live independently?
  • is the young adult able to provide for him/herself?
  • is the young adult married or in a serious relationship?
  • does the young adult care for a child of his/her own?

Whether or not a young adult can be seen as living independently from his/her parents or as not being able to provide for him/herself, is a factual determination and is always dependent on the facts and circumstances of the case.

The policy of the IND is not as clear cut as it seems. We therefore advise to contact Nikki Vreede or Lotte van Diepen for more information.

Important information for private clients...

...about submission of applications and procedures during the COVID-19/corona measures

It has been several weeks since the COVID-19/corona measures have been implemented. The offices and desks of the IND, as well as Court buildings, are mostly closed. Many people are under the impression that this means all procedures have been put on hold and it is not possible to submit an application for a residence permit, for an extension of a residence permit or for a change of an existing residence permit. This impression is not correct. Both the IND and the judiciary are working remotely as much as possible.

Read more ...

Civic integration for Turkish to be reintroduced

Dutch minister of Social Affairs and Employment, Koolmees, announced in a letter to the Parliament that a civic integration obligation for Turkish newcomers will be reintroduced. A recent decision of the Court of Justice of the European Union supports his proposal.

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Standard means amounts for family reunification as of 1 January 2020

The income amounts, considered by the Immigration and Naturalisation Service (IND) as adequate financial resources for applications for family reunification, are revised every 6 months. You will find the new standard means requirements as of 1 January 2020 below.

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Family members of self-employed foreign nationals can now work in employment

As already announced in our article of November 20th, as of 1 January 2020 family members of self-employed persons will have free access to the Dutch labour market and can therefore work in employment. Family members of self-employed persons that do not have free access to the Dutch labour market yet, can apply to change their residence permit according to the new rules mentioned above.

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Naturalization without documents

Everaert Advocaten is starting a procedure for naturalization without documents. We invite you to take part in this procedure if you have a 'pardon' (Ranov) residence permit and want to apply for Dutch citizenship but are unable to provide the required identity papers such as a passport or birth certificate.

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