UPDATE: Is it possible to obtain Dutch citizenship with a Chavez residence permit?

One year ago we informed you here about the amendment on the Handbook for the Dutch Citizenship Act 2003, which makes naturalization impossible for parents of Dutch children who derive their residence right from Article 20 of the TFEU on the basis of the rulings of the European Court of Justice in the Zambrano and Chavez-Vilchez cases.

On 6 April 2020, the District Court of The Hague, in Amsterdam, ruled on this matter in a case by Everaert Immigration Lawyers. The court ruled that the Chavez-Vilchez residence permit can be regarded as “a kind of residual category”.

According to the court, the right of residence of ‘Chavez parents’ is temporary, because it is derived from the European rights of the Dutch child and no longer exists once the child reaches 18 years of age or in any case once the child is no longer dependent on the care of the parent. The court considered that there is no independent right of residence for the ‘Chavez parents’ to protect their family life.

The court did not address the question of whether this discriminates against ‘Chavez parents’ in comparison to other parents who have a residence permit to stay with their child.

Nor did the court address the issue that a right of residence in EU law is rarely considered temporary and that the temporary residence rights as described in EU law, such as seasonal work, are incomparable with those of the ‘Chavez parents’.

Everaert Advocaten will file an appeal against this ruling. We will keep you informed of developments via our website.

For more information about your eligibility for permanent residence or Dutch citizenship, please contact Elles Besselsen.