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.

Share this message with

Do you have a question?

Read in our privacy statement how we handle your personal data.

Prakken d'Oliveira, formerly known as Böhler, is a law firm with expertise and experience in asylum and immigration law, European law, administrative law, international criminal law and human rights. Our lawyers provide advice and conduct procedures before the Dutch Immigration and Naturalization Service (IND), the Dutch Review Committee on the Intelligence and Security Services (CTIVD), the District- and Appeals courts, the Administrative Law Division of the Dutch Council of State, the Supreme Court of the Netherlands, the European Court of Human Rights (ECHR), the Court of Justice of the European Union (ECJ), the Human Rights Treaty Bodies of the United Nations (UN), the International Criminal Court (ICC), and other international tribunals.