The EU Court of Justice has delivered an important ruling on the residence rights of parents without a residence permit who are primary caregivers of Dutch children on 10 May 2017. The verdict is named after one of the parents who had brought the case to the Court of Justice: Chavez Vilchez.
The verdict can be found here.
The Court of Justice ruled that it is a violation of EU law if a Dutch child would be forced to move to outside the EU to follow his care-giving parent because this parent is not given a right of residence in the EU. In order to assess whether a child is indeed forced to move to outside the EU the authorities must take into account which parent provides the actual, day-to-day care for the child. The best interests’ of the child must be decisive, more specifically the authorities should consider: the age of the child, the physical/emotional development of the child, the relationship the child has with both its parents and the consequences for the child were it to be separated from its primary caregiving parent.
This verdict has far reaching consequences for Dutch children whose parents are not/no longer together and whose primary caregiving parent does not have the right to reside in the Netherlands. This parent will need to prove that the child is dependent on the care he/she provides on a daily basis. If the parent is able to do this, he should be granted a residence permit.
Please contact Elles Besselsen for more information.