The Chavez Visa is based on the 2017 Chavez-Vilchez judgment by the European Court of Justice. The ruling established that non-EU parents of minor Dutch or EU children have a right to reside in the Netherlands if their departure would force the child to leave the EU territory. This ensures that children can fully enjoy their rights as EU citizens.
To qualify for the Chavez Visa, applicants must:
Be the non-EU parent or primary caregiver of a Dutch or EU minor child.
Demonstrate a genuine relationship with the child and active participation in their upbringing.
Show that the child depends on their care and presence in the Netherlands.
Importantly, applicants do not need to be married to the EU parent of the child, but they must prove their role in the child’s life and upbringing.
Right to Reside: Secure legal residence in the Netherlands as the caregiver of a Dutch/EU child.
Work Authorization: Chavez Visa holders can often work without the need for a separate work permit.
Family Unity: Ensures that children are not separated from their parents or forced to leave the EU.
Path to Stability: Provides opportunities to build a long-term future in the Netherlands, including potential eligibility for permanent residence.
Gather documents proving the relationship and dependency between parent and child.
Submit an application to the Immigration and Naturalisation Service (IND).
Provide evidence of active involvement in the child’s life, such as school records, healthcare involvement, or daily caregiving responsibilities.
Await IND assessment and, upon approval, receive a residence permit.
At INLS, we recognize that Chavez Visa applications are deeply personal and sensitive. Our legal specialists ensure that your application is carefully prepared, backed by strong evidence, and submitted in compliance with Dutch immigration rules. We also provide ongoing support for work rights, family relocation, and long-term residence planning.
