Can I Stay in the Netherlands After Divorce If My Residence Permit Is Based on My EU Partner?
- Is my partner an EU Citizen?
- Consequences of a break-up or divorce for my residence permit
- Explainers
- Living under EU or Dutch Law
- Parental Custody
- Visitation
- Resources
- Contact
Is my partner an EU Citizen?
Short answer: sometimes, but there is no single answer for every international couple. Your right to remain in the Netherlands after a separation or divorce can depend on the residence route you used, how long the relationship and residence lasted, whether you have children, parental responsibility or contact rights, whether domestic violence is involved, and whether the EU sponsor remains in the Netherlands until the divorce is final.
This article concerns family members who obtained residence through an EU citizen under the EU-law verification route. It is general information, not personal immigration or legal advice. Before changing your residence, travelling, leaving the Netherlands or signing divorce arrangements, check your individual position with the IND or a qualified immigration lawyer.
Last reviewed: 4 November 2026.
What are the consequences of a break-up or divorce for my residence permit?
It depends on your facts and your residence route. A separation or divorce does not automatically produce the same result for every non-EU spouse or partner. Do not assume that you must leave immediately, and do not assume that you can remain automatically.
Situations that may be relevant
- How long you have been in the relationship and how long you lived together in the Netherlands.
- Whether the relationship lasted at least three years and whether part of that period was spent living together in the Netherlands.
- Whether you share parental responsibility for a child.
- Whether you have a child in the Netherlands and a recognised right of contact or care.
- Whether domestic violence or another serious situation affected the relationship.
- Whether a child is attending school in the Netherlands and you are the person caring for that child.
- Whether your EU partner works or worked in the Netherlands and remains here until the divorce is finalised.
These are not automatic guarantees. The evidence, dates, nationality, residence document and family circumstances matter. The residence consequences of a legal separation may also differ from those of a final divorce.
Do you need a new residence permit?
Some people can retain a right of residence under the applicable EU rules if they meet the relevant conditions. Others may need to apply under a different residence route or may need to leave. Get individual advice before allowing a residence document to expire or making an irreversible move.
What should you do now?
- Identify the exact residence document and legal route you hold.
- Write down the relationship date, the date you started living in the Netherlands and any children’s residence and schooling details.
- Keep evidence of residence, work, parental responsibility, care and contact arrangements.
- Ask the IND or a qualified immigration lawyer to assess your personal position.
Explainers
Living under EU or Dutch Law
If you joined an EU citizen in the Netherlands, your residence application may have been assessed under EU law. The exact route matters: the rights and conditions can differ depending on whether the sponsor is Dutch or another EU national, what document you hold, and whether you still meet the conditions for residence.
Use the wording on your residence document and decision letter when asking for advice. The phrase “visa” is often used informally, but a short-stay visa, a residence document, and a right of residence under EU law are not the same thing. Identifying the correct document is the first step.
Sources and further reading
For current residence rules, check the relevant IND guidance and seek individual immigration advice where your circumstances are complex. For the family process, you may also find these related guides useful:
- International divorce in the Netherlands: a practical guide for expats
- Joint divorce in the Netherlands: a practical guide for international couples
- When one parent wants to move abroad: mediation in the Netherlands
Last reviewed: 4 November 2026. Immigration rules and individual residence outcomes can change, so confirm the current position before relying on this information.
Parental Custody
Civil Law regulates parental power and is under personal and family law. Article 1:245 BW is the first article that discusses custody. It covers guardianship, custody and parental authority. Among other things, this article asserts that minors are subject to authority, which is defined as guardianship and parental authority.
The legal parents have joint authority over their children as parents.
Definitions for legal parents are listed in the list below. (from BW 1:198)
The mother is:
- The woman who gave birth to the child;
- The mother who took in the child as her own;
- The woman whose parenthood has been officially proved;
- The mother who acknowledged (declared parentship) of the child.
*If a child has been conceived through artificial insemination from an anonymous donor (as per the Artificial Insemination Donor Data Act), the woman to whom the biological mother is married or in a registered partnership at the time of birth is also the child’s mother.
The father is:
- The male who, at the time of the child’s birth, is either recorded as the mother’s registered partner or as her spouse;
- The male adoptive parent;
- The individual who acknowledged (declared parentship) of the child;
- The man whose paternity has been determined by the legal system.
If you are unmarried and have a child together, it’s possible that one of you doesn’t have legal custody over your child yet, this can be requested through the court. If you both agree that the other parent should have custody, you can do a joint application without an attorney.
If you or the other parent doesn’t agree, a request for parental authority can be done with the help of an attorney.
Authority after divorce or dissolution of registered partnership
After a separation or divorce, the parents retain joint custody.
If you want sole custody, you can request it via the procedure Request Parental Authority (Verzoek Gezag). A judge will only ever grant sole authority if that is the only option.
In a procedure to request sole custody:
- A lawyer is required
- The judge determines separately for each child which parent will have sole authority
- The judge always considers the best interests of the child
- The judge asks for their opinion if a child is older than 12 years
The attainment of sole parental custody does not affect the rights of the child and the other partner (or even grandparents) to visitation.
Visitation
Parents need to come to agreements regarding visitation with the children after a divorce. Depending on who has custody, this may be in a care agreement or visitation agreement. A judge may make a decision if the parents are unable to come to an agreement.
The child’s best interest is the judge’s primary consideration.
| Contact Agreement | Visitation Agreement |
|---|---|
|
Parents both have parental authority |
One parents has parental authority |
|
The child lives with 1 parent and has contact with the other.
You agree on who sees the children and when. You can agree on this together or file a request with the court. both legal parents together can start the procedure 1 of the legal parents can start the procedure |
You arrange this with the other parent, or you submit a request to the court. The contact arrangement determines how often you see the child.
You can get a contact arrangement if you: are the legal parent and the other parent has parental authority have a strong personal bond with the child, for example as a grandparent As a father or other ex-partner, you are obliged to see your child. The ex-partner with parental authority is obliged to inform you and consult you. |
This information doesn’t apply to (ex)couples who co-parent.
Co-parenting allows both parents authority and custody. The children spend approximately half their time with each parent and the rotation schedule is worked out by parents during the formalities of the divorce procedure.
Resources
Here are some links to more information on the topics discussed above,
Remember to use the translate function on your browser if you need to!
Who is the parent of a child?
https://maxius.nl/burgerlijk-wetboek-boek-1/boek1/titel11
Consequences for right of residence after divorce.
Can I apply for Parental Authority?
https://www.juridischloket.nl/familie-en-relatie/ouderschap/ouderlijk-gezag/
Contact/Visitation with children.
https://www.rechtspraak.nl/Onderwerpen/Omgang-met-kinderen/Paginas/default.aspx
Contact
Is some of this information incomplete or unclear?
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