Returning Dutch: how to let your non-EU partner tag along from another EU Member State to the Netherlands

You are a Dutch citizen, and you have been roaming around in different EU Member States. Whilst you were in Rome, you’ve met someone who has become the apple of your eye. You have been staying together for nearly seven months in Rome. Suddenly, you’ve received a new job offer from an Amsterdam based multinational – a job opportunity that you’ve always wanted. However, your significant other is from India and holds a temporary student visa issued by the Italian Government. Can you let them tag along with you to the Netherlands?

The aforementioned question has been answered by the Court of Justice of the European Union in its O., B., S. and G. v Minister voor Immigratie, Integratie en Asiel judgment. The essence of this judgment is that, when an EU citizen makes use of their rights to freedom of movement, as referred to in article 21 of the TFEU, through staying in another EU Member State, the family life that they have built up or enhanced in a Member State should be respected by the Member State of their nationality. This means that, in the aforementioned example, the Indian student can potentially accompany their Dutch partner to the Netherlands, apply for and obtain a Dutch residence permit. When assessing their family life in Italy, the IND will apply the Dutch standards. The latter means that unmarried and unregistered couples can potentially invoke the EU Directive 2004/38. Nevertheless, they should definitely keep their hair on, as there can be many grounds on which the IND can refuse such an application.

For example, the IND will examine the issue as to whether they have really been residing together in Rome. An Italian tenancy agreement alone is often insufficient. The IND expects to receive a plethora of documents, ranging from utility bills to traffic tickets. Furthermore, if, during their stay in Rome, the Dutch partner had always been registered within the BRP system of a Dutch city hall, it is very likely that the IND will throw a strop. Likewise, depending on the issue as to whether a Dutch citizen has been working in paid employment in another Member State, the IND may require them to show a comprehensive health insurance policy. If they have never had a health insurance, it is more likely than not that the IND will contend that their stay was never in line with the conditions as mentioned in the EU Directive 2004/38, which can lead to a refusal as well. In other words, it is very important to make sure that you have all your ducks in a row, before submitting such an application to the IND.

If you are interested in bring your non-EU partner from another EU Member State to the Netherlands, please feel free to book a consultation with one of our lawyers, as you and your partner deserve support. Together we can review the merits of your case in greater detail.

Date of publication: 21 August 2026