Requirements for family reunification with your parents, siblings or adult children
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Are you an adult wanting to bring your (foster) parents to the Netherlands? Or your adults brothers, sisters, adult children or other dependent family members? If so, you can apply for family reunification under Article 8 ECHR. This step-by-step plan explains how it works.
Requirements for family reunification with your relatives left behind
In the , we explain who you can apply for family reunification for: your legal spouse and minor biological and adopted children. Family members left behind other than those mentioned that do not have a right to 'family reunification for asylum seekers (post-travel)'.
In some cases, the IND may grant family reunification with another family member, such as an adult brother or sister, or (foster) parents. This cannot be done via ‘family reunification for asylum seekers (post-travel)’, but must be done via family reunification on the basis of . Below, we explain the conditions for this family reunification and how you can apply for it. You can also find more information about family reunification under Article 8 of the ECHR in the . They are available in Dutch, English, French, Arabic, Dari, Farsi, Somali, Tigrinya and Turkish.
You can apply for family reunification based on Article 8 ECHR if:
You have an independent asylum residence permit.
The family member is part of your family and was also part of your family whilst living abroad. This usually means that you lived together in your country of origin.
Your family member has not committed a criminal offence or crime.
You declare that you are the 'referent' for your family member. The referent is the person who allows the family member to come to the Netherlands (the applicant).
Situations where you have a chance of family reunification under Article 8 ECHR
There are no special rules for which family members you can apply for 'gezinshereniging 8 EVRM' (family reunification based on Article 8 ECHR) and for which family members you cannot. However, sometimes you have more or less of a chance.
In these situations, you are more likely to get family reunification based on Article 8 ECHR:
You entered the Netherlands as an and wish to be reunited with your foster parent.
You are of age and want to be reunited with your grandchild. You have applied for your child post-travel and your grandchild cannot stay behind.
You have a right to post-travel for your family members, but you have not submitted the application within 3 months and the has ruled that you have not given a good reason for doing so.
Situations where you are less likely to get family reunification under Article 8 ECHR:
You arrived in the Netherlands as an unaccompanied minor refugee and wish to be reunited with your adult brothers and/or sisters (for your parents and minor brothers and/or sisters, you must submit an application for ‘family reunification for asylum seekers (post-travel)’).
You entered the Netherlands as an adult (18+). You want to be reunited with your parents and siblings. You are dependent on your parents as a young adult child.
You entered the Netherlands as an adult. You want to be reunited with a sick parent. You can prove that your parent is particularly dependent on you.
You entered the Netherlands as an adult (18+). You want to be reunited with other particularly dependent family members for whom no one can care.
It is important that the IND sees the relationship you have with your family member as 'family life that needs to be protected'. The IND will therefore investigate your relationship with this family member. The IND will also investigate whether the family member's interest in coming to the Netherlands outweighs the Netherlands' interest in dealing strictly with requests for family reunification.