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7

Very good news for Chavez- parents!

After years of having no prospect of permanent residence and naturalisation, the Court of Justice of the EU ruled on 7 September 2022 that the Chavez residence right was non-temporary and that Chavez parents can indeed obtain an EU long-term resident residence permit if they meet the other conditions.

Until today, other consequences of this ruling remained unclear and the IND considered that the ruling would not affect this group's options for naturalisation. Although the right of residence is considered non-temporary for the purpose of obtaining EU Long-Term Residence, the Chavez residence right could still be considered temporary within the meaning of the Dutch Citizenship Act, according to the IND.

The State Secretary has now decided that Chavez parents:

  • Can be a sponsor in family reunification cases;
  • Can qualify for a regular permanent residence permit; and
  • Can obtain Dutch citizenship.

For the official article from the IND, please see: IB 2023/6 Impact of E.K. ruling on Chavez right of residence (only available in Dutch).

This means that after years of proceedings and many articles on this topic, Chavez parents finally have prospects of permanent residence and Dutch citizenship.

Do you have a Chavez residence document and questions about your options for permanent residence or naturalisation? If so, please contact Elles Besselsen

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