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Pathway

Netherlands Residence With Dutch Child

Netherlands Residency
Pathway overview

At a glance

If you genuinely care for a Dutch child under 18, you may be able to live in the Netherlands even if you are not an EU citizen. This is often called the Chavez route. In some cases, your own non-Dutch child under 18 can also qualify as the Dutch child's sibling or half-sibling.

Who it helps
Non-EU caregivers or siblings of a minor Dutch child
Child
The Dutch child must be under 18 and live in, or be moving to, the Netherlands
Care
The child must depend heavily on the applicant's care

Summary

A non-EU family member caring for a minor Dutch child may seek residence when the child’s dependence makes that person’s presence in the Netherlands necessary. The relationship alone is not enough. Document the actual caring role and the child's residence or planned move.

Could this pathway work for you?

Eligibility

EEA means the EU countries plus Iceland, Liechtenstein, and Norway.

For a parent or caregiver, the usual requirements are:

Occasional babysitting, financial help alone, or limited contact is usually insufficient. Care may be shared with the child's other parent; the applicant does not necessarily need to be the only caregiver.

A minor sibling or half-sibling route has extra requirements. The sibling must be the caregiver's own child, live with the caregiver and Dutch child, remain part of the family, be under the caregiver's authority, and be strongly dependent. Consent from a parent with custody who remains abroad may also be required.

More about this route

The central question is dependency. The Dutch child must rely so heavily on the applicant's real care and upbringing that refusing residence would leave the child no practical choice but to leave the European Union with that person.

Actual care and strong dependency are central to the application
  1. Confirm the child and residence plan Establish Dutch nationality, age under 18, and the intended life in the Netherlands.
  2. Document real caregiving Show the applicant's role in daily care and upbringing with custody and household records.
  3. Establish the dependency consequence Explain why refusal would effectively require the Dutch child to leave the EU with the caregiver.
  4. Complete the relevant application Check entry facilitation and any additional sibling requirements.

A family link or occasional assistance is not the full test. The child's practical dependency must be established.

What This Route Allows

The residence document allows the holder to live in the Netherlands with the minor Dutch child and to work freely without a separate work permit.

The document is usually valid for 5 years, but it ends earlier when the Dutch child turns 18. For a sibling, it ends when either the sibling or the Dutch child turns 18, whichever occurs first. After at least 5 qualifying years, permanent residence may be possible; IND confirms that Chavez residence is treated as non-temporary under EU rules for that purpose.

What This Route Is Not

This is not ordinary family reunification and not a route based only on biological parenthood. It does not fit where the child is not Dutch, is already 18, does not live or plan to live in the Netherlands, or is not heavily dependent on the applicant's care.

The route also does not automatically continue after the child reaches 18. The holder must qualify for another residence route to remain.

Next Steps

  1. Confirm the child's Dutch nationality, age, and Netherlands residence plan.
  2. Gather proof of identity, legal parentage or caregiving status, custody, residence, and day-to-day care.
  3. Document why the child would have to leave the EU if the application were refused, rather than relying on a general statement of family ties.
  4. For a sibling, gather the additional family, custody, consent, and dependency evidence.
  5. If an entry visa is needed, check free visa facilitation, then apply from within the Netherlands using the correct written IND form.

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Discussed in these reports

Other routes in Netherlands.

Sources