Residence permit after divorce: can you stay in the Netherlands?

A residence permit for living with a partner depends on that relationship. If you stop living together, the ground for the permit falls away and the Immigration and Naturalisation Service (IND) can withdraw it from that moment, not from the date the divorce is registered. You can still stay if you have lived in the Netherlands as a partner for more than five years, or on other grounds such as domestic violence.

The end of cohabitation must be reported to the IND within four weeks. Waiting for the divorce before you look at your immigration position is the most common, and most damaging, mistake in this situation.

Can you stay after five years as a partner?

Yes, you can apply for continued residence once you have stayed in the Netherlands for more than five years as a spouse or partner. The IND then grants a residence permit for non-temporary humanitarian purposes, which is valid for five years and allows you to work freely.

You can apply online with DigiD or by post with IND form 7527. Apply before your current permit expires or is withdrawn.

What if you have not reached five years yet?

Continued residence may still be granted on other grounds. The main ones are:

• domestic violence that led to the breakdown of the relationship; you then apply for a non-temporary humanitarian permit and must substantiate the violence with documents;
• children in the Netherlands, whose relationship with both parents can support a separate permit;
• particular hardship if you have to return to your country of origin.

If you meet the conditions for another permit, for example as a highly skilled migrant or as a self-employed person, you can also switch to that purpose.

What should you check as the foreign partner?

The date on which you stop living together determines your position, so prepare before that date if you can.

• Check which permit you hold: the purpose is printed on your residence document.
• Calculate how long you have lived in the Netherlands as a partner; more than five years opens continued residence.
• Gather evidence of the relationship period: joint registrations in the municipal register (BRP), tenancy agreements, bank records.
• Check whether another residence purpose, such as work, is open to you.
• Report the end of cohabitation to the IND within four weeks.

What should you check as the sponsor?

As the sponsor (referent), you also have obligations towards the IND.

• Report the end of cohabitation to the IND within four weeks.
• Keep a record of the date you stopped living together.
• Make sure the municipal register (BRP) shows where each of you actually lives.
• Separate the immigration questions from the divorce settlement; your duty to report does not depend on the divorce.

What should you do, and in what order?

Take immigration advice before, or together with, family law advice. The date cohabitation ends, how contact with the children is arranged, and the timing of the divorce petition all affect your immigration position, and choices made purely on family law grounds can close off immigration options.

If the IND withdraws your permit, you can object (bezwaar) within four weeks and ask the court for interim relief (voorlopige voorziening) so you can await the outcome in the Netherlands. See our article on objecting to an IND decision.

Does a divorce affect permanent residence?

A permanent residence permit or EU long-term resident status is not tied to the relationship, and a divorce does not affect it. The same applies once you hold Dutch nationality. Check which status you actually hold; the residence document states it.

What can we do for you with your residence permit after a divorce?

Our immigration lawyers work alongside your family lawyer:

• We check which permit you hold and which continued-residence route fits your situation.
• We calculate your period of residence as a partner and collect the evidence.
• We prepare and file the application for continued residence or a change of purpose with the IND.
• We draft the objection (bezwaar) and file it with the IND within the four-week deadline.
• We request interim relief from the court so you can stay while the objection is decided.

Summary

• A partner-based permit depends on the relationship; the IND can withdraw it once cohabitation ends, not once the divorce is final.
• The end of cohabitation must be reported to the IND within four weeks.
• After more than five years as a partner, you can apply for continued residence; before that, domestic violence, children or hardship can be grounds.
• You can object to a withdrawal within four weeks and ask for interim relief.
• Permanent residence, EU long-term resident status and Dutch nationality are not affected by a divorce.

Frequently asked questions