Are you the non-EU parent of a minor Dutch child and want to reside in the Netherlands? Thanks to the Chavez Vilchez ruling (CJEU, 2017) and Article 20 TFEU, parents who are not EU nationals can acquire a residence right when deportation would force their minor Dutch child to leave the European Union.
Under Article 20 TFEU, national authorities cannot refuse residence to a third-country national parent who actually cares for a Dutch child, if removal would deprive the child of the genuine enjoyment of EU rights. The key factors are the child’s interests and the relationship of dependency between parent and child. Even when there is a Dutch parent able to care for the child on paper, the authorities must assess who provides daily care in practice and the impact of removal on the child.
Jordan Law in The Hague:
Assists in preparing and documenting Chavez Vilchez applications;
Advises on procedures, requirements and the best interests of the child;
Represents you in objection, appeal and complex care or custody situations.
Do you want to know if you qualify for residence rights with your Dutch child under Chavez Vilchez? Contact Jordan Law in The Hague, experts in residency and family law, for a consultation
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