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On behalf of a mother with an EU residence document based on the Chavez-Vilchez ruling, Elles Besselsen has filed a complaint before the European Court of Human Rights (ECHR).

In 2018, the Chavez-mother's naturalization request was rejected because the State Secretary of Justice and Security considers the Chavez- Vilchez right of residence to be temporary. The rejection of her naturalization request was already challenged before the District Court of The Hague and the Administrative Jurisdiction Division of the Council of State. As a result, the Chavez-mother had no other option than to take her case to the ECHR.

According to the State Secretary, holders of the Chavez-Vilchez residence document are not eligible for permanent residence or Dutch citizenship. In addition, changes of this residence right to a non-temporary residence permit are virtually impossible. Chavez-parents can therefore live and work in the Netherlands for many years, as long as their Dutch child is a minor and dependent on their care, without any prospect of full participation in society. The Chavez-mother argues that the rejection of her naturalization request and the complete lack of any prospect of Dutch citizenship violates her rights as guaranteed in the European Convention on Human Rights. 

If you have any questions about the Chavez-Vilchez right of residence and/or your options to change your residence status, obtain permanent residence or Dutch citizenship, please contact Elles Besselsen.

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