On 29 June 2018 the Dutch authorities implemented new policy rules regarding custodial parents (non-EU citizens) who want to stay in the Netherlands with their minor Dutch child. These policy rules have been adopted as a result of the Chavez-Vilchez decision from the European Court of Justice. Herein the Court of Justice ruled that non-EU citizen parents are allowed to stay with their minor Dutch child, if this child otherwise needs to leave the EU.

According to the new policy rules, the Dutch immigration authorities look at the degree of care and the dependency between the parent and the child. If this parent only conducts minor care and education tasks, this will be insufficient to claim a right to stay with the minor Dutch child.

Do you have a minor Dutch child, but not the nationality of an EU country? And do you want advice on your rights to stay in the Netherlands? Do not hesitate to contact Jo-Anne Nijland or Marieke van Eik. They would be glad to advise you on this matter.

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