An Immigration Lawyer’s Guide to Being Together During the Holidays

_{By Danielle Snaathorst}

The holidays are a time to gather with loved ones, revel in the warmth of family, and cherish the festive spirit of togetherness. It’s the season of sparkling lights, shared meals, and heartfelt traditions – a time to create memories that last a lifetime. Yet, for some families, being together requires navigating complex immigration rules and crossing a few borders. Legal requirements might not feel very festive, but ensuring everything is in order will let you truly focus on what matters most: celebrating the holidays with your loved ones.

Short Visits: Welcoming Family for the Holidays

If you’re planning to host family in the Netherlands for the holidays, the first thing to check is their previous travel to the Schengen area. Non-EU nationals can generally stay in the Schengen area for up to 90 days within a 180-day period. If your family member has already visited the Schengen area recently, calculate how much time they have left to enjoy the holiday season in the Netherlands.

Here are the essentials they’ll need:

• A Valid Passport: The passport must be valid for at least three months beyond their departure date.
• Financial Means: They’ll need to be able to show they can cover the cost of their stay and return to their home country.
• A Purpose for Their Visit: Whether it’s a family visit or tourism, the purpose should be documented.

Whether your loved ones need a visa depends on their citizenship.

• For Visa-Exempt Nationals: They may travel without a visa but will soon need an ETIAS authorization, likely starting in 2025.
• For Visa-Required Nationals: They must apply for a Schengen visa at the diplomatic post of the Schengen country they’ll visit first or stay in the longest. Supporting documents such as an invitation letter, proof of accommodation and income, and evidence of economic or social ties to their home country are crucial. Once the application is submitted, authorities usually make a decision within two weeks, and if approved, a visa sticker is issued to their passport.

With the visa secured, your loved ones can pack their bags and prepare to experience the magic of a Dutch holiday season with you – think twinkling Christmas markets, cozy family dinners, and unforgettable memories.

Can’t get enough of being together?

If the special time during the holidays makes you realize that you want to live together in the Netherlands, your loved one will need a residence permit. Residence permits for family reunification are in principle only granted to a (married or unmarried) partner or minor children. Only in special situations it is possible to receive a residence permit as a family member outside of the family unit (such as an adult child, grandparent or foster child).

Depending on the nationality and age of your loved one and the grounds for your legal residence in the Netherlands, your loved one may need to pass the Dutch basic civic integration exam abroad to be eligible for a residence permit. Additionally, you will have to prove that you meet the income requirement for family reunification. Lastly, your family member may need to return to their home country to wait for a decision on the application and receive and entry visa before you are able to start building your life together in the Netherlands.

The process might feel daunting, but with preparation and determination, you can take the first steps towards creating a life together in the Netherlands.

Happy holidays

The holidays remind us of the importance of being close to the people who mean the most to us. We hope that you and your family can enjoy this time together. Remember, every family’s situation is unique, and seeking the guidance of an experienced immigration lawyer can help ensure everything goes smoothly. Let’s make this season one to remember. Happy holidays from all of us at Everaert Immigration Lawyers to you and your family!