• New Limits on Accompanying Family Member Benefits Take Effect October 1
  • July 31, 2012
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • On October 1, 2012, the Dutch government will implement new rules restricting accompanying family residence permits to legally married or registered foreign domestic partners and minor children. The new policy was originally to take effect on July 1.

    In most cases, unmarried or unregistered partners and extended family members will not be able to obtain new residence permits in the extended family reunification/family visitor category.

    There will be a limited exception for unmarried partners for whom it is legally impossible to marry or register their partnership in their home country, such as where the home country prohibits same-sex or interfaith marriage or makes no provision for partnership registration. In these cases, partners will be able to apply for a provisional six-month residence permit to enter the Netherlands and get married or register a partnership.

    Foreign nationals planning to apply for new extended family reunification/family visitor visas should file their applications before October 1, 2012. The new policy will not apply to residence permit applications filed before October 1, and those with residence permits issued before October 1 will remain able to renew their permits under the current rules.

    The revised family policy is part of the Dutch government’s new immigration framework, aimed at tightening the country’s immigration policies and promoting the integration and participation of foreign family members in Dutch society.