What is the Chavez Visa?

The Chavez Visa allows non-EU parents of minor EU citizen children to reside and work in the Netherlands. It ensures that the child’s right to live and grow up in the EU is not hindered by the parent’s nationality or residence status. This visa is an important legal tool for protecting the family unity of EU citizens.

Who Qualifies for the Chavez Visa?

To qualify for the Chavez Visa, you must meet these requirements:

1. Parent of an EU Citizen Child:

   • You are the biological or legal parent of a minor child who is an EU citizen (e.g., Dutch nationality).

2. Primary Caregiver:

   • You play a crucial role in the child’s upbringing and daily care.

3. Dependency:

   • The child’s right to reside in the EU would be compromised if you were not granted residency.

4. Proof of Relationship:

   • Provide documentation such as a birth certificate, proof of custody, or evidence of cohabitation with the child.

5. Living in the Netherlands:

   • Both the parent and the child must reside in the Netherlands.

Application Process

1. Prepare Your Documents:

   • Valid passport

   • Child’s birth certificate

   • Proof of the child’s EU citizenship (e.g., passport or identity card)

   • Evidence of your caregiving role (e.g., custody papers, school registration, or medical records showing dependence)

2. Submit the Application:

   • Apply through the Dutch Immigration and Naturalisation Service (IND).

   • Pay the application fee (€350 as of 2024).

3. Attend the IND Appointment:

   • Provide biometric data (photo and fingerprints) and submit original documents if required.

4. Wait for Approval:

   • The IND typically processes applications within 90 days.

5. Register Locally:

   • Upon approval, register with your local municipality (BRP) and receive a BSN (citizen service number).

Benefits of the Chavez Visa

1. Residency Rights:

   • Live and work in the Netherlands without additional permits.

2. Family Unity:

   • Secure your family’s ability to stay together in the EU.

3. Access to Social Services:

   • Enjoy healthcare, education, and other social benefits available in the Netherlands.

4. Path to Permanent Residency:

   • After five years of continuous residence, you may qualify for permanent residency.

Challenges and How to Overcome Them

• Proving Dependency: Documenting your caregiving role is crucial. Include detailed evidence like shared addresses, correspondence from schools, or medical dependency records.

• Complex Paperwork: The application process can be daunting. Consider professional assistance to ensure your application is complete and accurate.