Family reunification (gezinshereniging)

Family reunification is the admission of a spouse, registered or unmarried partner, or minor child to live with a sponsor who is already lawfully in the Netherlands. It is one of the most litigated areas of immigration law, because the conditions are strict and the interests at stake are personal.

Legal basis

The rules follow from the Aliens Act 2000 and the Aliens Decree, implementing the EU Family Reunification Directive, and are read against Article 8 of the European Convention on Human Rights, which protects family life. Where the sponsor is an EU citizen exercising free movement, a more favourable regime applies.

The main conditions

The sponsor must have sufficient, independent and sustainable income, as a rule at least the applicable minimum wage including holiday allowance. Income from employment counts if the contract runs for at least another year; self-employment and benefits are treated differently and more strictly.

The relationship must be genuine and exclusive, and for partners it must be registered or, if unmarried, demonstrably durable. Suitable accommodation is required. For a number of nationalities the partner must also pass the civic integration examination abroad before the mvv is issued.

Children

A minor child can join if they actually belonged to the family before the sponsor came to the Netherlands and the family bond has not been broken. That last requirement produces most refusals: long separations, children raised by grandparents and gaps in contact are all weighed, and the burden of proof lies with the applicant.

Where it goes wrong

Income is assessed at the moment of the decision, not at the moment of application, so a change of job during a long procedure can undo it. And documents from abroad usually need legalisation or an apostille and a sworn translation; arranging that after a refusal costs another full procedure.