Your visa options after a break-up to stay in the Netherlands

After living with your unmarried partner, registered partner, or spouse in the Netherlands for several years, you may reach the difficult conclusion that you can no longer remain together. But what if your residence permit is based on your relationship or marriage? Understanding the next steps is crucial to ensure that you can retain your legal residence.

Aside from going through an emotionally challenging time, you will also have to be concerned about retaining your residence permit in the Netherlands. This is particularly important if you have children who are settled in the Netherlands and attend school here.

There are two main scenarios: a break-up either with or without children. When a relationship or marriage ends with children, there are three key distinctions. These distinctions are important because different residency rules and protections apply depending on whether the individuals involved are EU nationals, non-EU nationals, or Dutch citizens.

1. Break-up of a relationship or marriage ‘without children’
2. Break-up of a relationship or marriage ‘with children’
   a. Break-up of a relationship or marriage with a non-EU national (children are not EU nationals)
   b. Break-up of a relationship or marriage with an EU national (children are EU nationals)
   c. Break-up of a relationship or marriage with a Dutch national (children are Dutch)

If your marriage or relationship ends and you do not have children with your partner, you will be in the least favorable situation regarding your partner visa in the Netherlands. From the moment you separate and live apart, your dependent visa becomes invalid.

Since you are no longer with the person on whom your right of residence depended, your residence permit may be revoked. However, if you have had continuous legal residence in the Netherlands for the past five years and passed the civic integration exam, you may still qualify for continued residence. In this case, you might even qualify for a permanent permit.

If you do not meet the above criteria, you will need to find another purpose for your stay, such as a work-based permit. This can be challenging, as high salary criteria apply for a highly skilled migrant permit or an EU Blue Card. However, Japanese and American nationals may find it easier to qualify for a self-employed permit.

Turkish nationals benefit from more favorable rules, as they can qualify for continued residence after a relationship lasting three years without needing to pass the integration exam.

For those who had a relationship or marriage with an EU national, certain favorable rules apply. You may be allowed to retain your residence card if you meet specific conditions, such as having sufficient income to support yourself.

That is: if you were married to an EU national for three years and resided together in the Netherlands for one year, you can keep your residence card. Or if you were in a relationship with an EU national, the same rule applies: if your relationship lasted for at least three years, with one year spent living together in the Netherlands.

If your relationship or marriage ends and you have children, your situation may be more favorable.

When your former partner or spouse, along with your children, are non-EU nationals, your partner visa may become invalid after separation. However, your children and ex-partner may retain their residence permits.

In this case, you can apply for a residence permit under Article 8 of the European Convention on Human Rights (ECHR), which protects family life. Key factors include the children’s age, legal custody, frequency of contact, and a submitted parenting plan. Additionally, you will need to show that you have the financial means to support yourself, typically via an employment contract. In many cases, if all necessary proof is provided, this type of permit is granted.

If your children and former partner are EU nationals, different conditions apply compared to relationships with Dutch nationals. You will generally retain your residence permit if you have sole custody or the court rules that contact with the children should occur in the Netherlands. In these cases, it is important to demonstrate financial stability, but if you are the primary caregiver and the children attend school in the Netherlands, you may not need to provide detailed financial information.

If your relationship or marriage ends with a Dutch national and your children are Dutch nationals, you are in a highly favorable position. According to the Chavez-Vilchez ruling from the Court of Justice of the European Union, you may retain your right of residence if you can prove that your child would be forced to leave the EU if you are not granted a permit. This applies even if your involvement is only partial, such as educational responsibilities.

Navigating your legal status after a break-up on a partner visa can be overwhelming. Below are some of the most common questions people have about partner visas, dependent visas, and the steps you can take if your relationship ends.

1. What happens if we break up while I’m on a dependent visa?
   Your dependent visa is tied to your partner’s permit. After a break-up, your visa may be invalid, but you might be eligible for a new permit.
2. Can I stay in the Netherlands after a divorce?
   Yes, depending on your personal situation, such as the nationality of your ex-partner and the nationality of your children, the duration of your marriage and duration of residence in the Netherlands, you may qualify for a residence permit after divorce in the Netherlands.
3. How do I apply for an independent visa after a break-up?
   You can apply through the IND. The process will require you to provide evidence of your ties to the Netherlands.