Family Reunification Lawyer in the Netherlands
Family reunification lets a spouse, a registered or unmarried partner, or a minor child join a sponsor living in the Netherlands. The IND applies strict conditions on the relationship, the age of the partners, the sponsor’s income and, for many nationalities, an entry visa (mvv). Law & More prepares these applications and acts when the IND refuses.
Who qualifies
Residence as a family member is granted under Article 3.13 of the Aliens Decree 2000. Article 3.14 names three groups: the spouse or registered partner, provided the marriage or partnership is valid under Dutch private international law; the partner in a properly attested durable and exclusive relationship, where both are unmarried and not so closely related that Dutch law would bar a marriage; and the minor biological or legal child who actually belongs to the sponsor’s family, already did so in the country of origin, and is under the sponsor’s lawful authority.
For partners an age limit applies on both sides: the incoming family member must be 21 or older under Article 3.14, and the sponsor in the Netherlands must be 21 or older under Article 3.15. That limit does not apply to minor children.
The income requirement
This is where most applications run into trouble. Under Article 3.22 of the Aliens Decree 2000 the sponsor must have sustainable and independent means of support as referred to in Article 3.74: at least the statutory minimum wage including holiday allowance. The second paragraph makes an exception for a sponsor who has reached the state pension age or is permanently and fully unfit for work. Whether income counts as sustainable and independent depends on the nature and duration of the employment and on the source of the income. Current reference amounts are published on ind.nl.
Entry visa and the basic civic integration exam
Many nationalities need a provisional residence permit (mvv) to enter the Netherlands; that application is combined with the application for the residence permit and is usually filed by the sponsor. Whether you are exempt depends on nationality and residence situation. Where the mvv requirement applies, the IND in principle also expects the basic civic integration examination abroad to have been passed; it is arranged through DUO and taken at a Dutch embassy or consulate, and exemptions exist.
Decision periods and remedies
Under Article 25 of the Aliens Act 2000 the IND decides within 90 days, extendable by up to six months where advice or investigation by third parties or the public prosecution service is needed. The period for an objection or appeal is four weeks (Article 69). How that procedure works is set out on our page about objections against IND decisions.
What we do
- Assess the relationship, the ages, parental authority for children and the income against the conditions, and name the weak points before filing.
- Build the income file: which components count, and which documents the IND expects from an employee or a self-employed sponsor.
- Map out which foreign certificates are needed and how they must be legalised or given an apostille, and which translations are required.
- Draft the application and the sponsor’s declaration and file them.
- Guide the family member through the exam registration and the embassy appointment for the mvv and biometrics.
- Answer questions from the IND, file additions, and act if the decision period is exceeded.
- Lodge an objection, prepare the hearing and, if needed, appeal to the court.
Once the permit is granted we also look ahead to renewal, a change of residence purpose and continued residence; see our immigration practice.
What it costs
We work on an hourly basis: 250-350 euro for a lawyer and 300-400 euro for a partner, excluding VAT. The first introductory meeting is free of charge. IND fees are charged separately and are published on ind.nl. Law & More does not work on legal aid (toevoeging).
Contact
Call +31 40 369 06 80 or email info@lawandmore.nl. Our office is at Marconilaan 13, 5612 HM Eindhoven; we also receive clients by appointment at Pietersbergweg 291 in Amsterdam. We act throughout the Netherlands, in Dutch and English.
Frequently asked questions
Do both partners have to be 21?
Yes. Article 3.14 of the Aliens Decree sets the age limit for the incoming partner and Article 3.15 for the sponsor in the Netherlands. The limit does not apply to minor children. If one of you is not yet 21, waiting is usually the safer course.
What if I do not meet the income requirement?
Article 3.22 requires sustainable and independent income at the level of the minimum wage including holiday allowance, with an exception for sponsors who have reached the state pension age or are permanently and fully unfit for work. If you do not meet it today, the question is often one of timing and evidence. In particular cases the right to family life can be relied on.
Can an unmarried partner apply?
Yes, if the relationship is durable and exclusive and properly attested, both partners are unmarried, and there is no close family relationship that would bar a marriage under Dutch law. Evidence of cohabitation and contact carries weight here.
How long does it take?
The statutory period is 90 days, extendable by up to six months. Actual processing times per procedure are published on ind.nl. If the period is exceeded, the IND can be given notice of default.
Can I object if the application is refused?
Yes, within four weeks of notification of the decision. That deadline is strict: a late objection is in principle inadmissible. If the objection is rejected, an appeal to the court is possible, again within four weeks.
Law & More does not handle asylum cases. For an asylum procedure, contact the Juridisch Loket or VluchtelingenWerk Nederland; during the asylum procedure you are entitled to a lawyer through the Legal Aid Board.
