Immigration law knowledge base
European case law directly affects residence, family reunification and the free movement of EU citizens. We explain several leading judgments in clear terms and follow relevant developments.
Irssa Juristen
These judgments are important building blocks of European immigration law.
Court of Justice of the EU · 27 June 2018
A decision on a residence card for a family member of an EU citizen must be made and notified within six months. Expiry of that period does not automatically result in a residence card.
The judgment emphasises timely decision-making and effective legal protection in EU residence procedures.
Court of Justice of the EU · 10 May 2017
Where a third-country parent cares for a minor EU citizen, the child’s dependency on that parent must be assessed specifically. Merely referring to the other EU parent is insufficient.
The child’s best interests, daily care and emotional ties must genuinely be considered under Article 20 TFEU.
Court of Justice of the EU · 25 July 2008
The non-EU spouse of a mobile EU citizen need not have previously resided lawfully in another Member State to benefit from the Citizens’ Rights Directive.
The judgment protects the family life of mobile EU citizens and limits additional national entry conditions.
Court of Justice of the EU · 12 March 2014
An EU citizen who genuinely resided in another Member State and created or strengthened family life there may, under conditions, invoke a derived right of residence upon returning home.
This judgment guides return-route cases; short visits and holidays are not sufficient.
Court of Justice of the EU · 14 November 2017
An EU citizen who acquires the nationality of the host state while retaining the original EU nationality may retain Treaty-based rights for a third-country family member.
Naturalisation need not extinguish previously exercised free-movement rights and related family life.
Practical files
The correct route depends on nationality, the exercise of free movement, the country of application and the purpose of residence. A carefully prepared file helps prevent delay and unnecessary refusal.
Residence with a Dutch partner or family member generally falls under the IND’s national rules. The relationship, income, civic integration and an entry visa may be relevant.
Key pointThe Immigration Office distinguishes between reunification with a Belgian, another EU citizen and a third-country national. Applications are generally filed abroad, although exceptions exist.
Key pointWhere an EU citizen lives in a Member State other than their country of nationality, EU free-movement rules may apply and a third-country family member may obtain a derived right of residence.
Key pointIn Belgium, another family member of an EU citizen may apply for residence under certain conditions. Article 47/1 includes family members who were dependent on the EU citizen or belonged to their household in the country of origin.
Key pointWork in the Netherlands may require a combined residence and work permit, highly skilled migrant permit or another route. In Belgium, work exceeding 90 days commonly uses the single permit.
Key pointWould you like to know more about one of these subjects or find out what you may be entitled to? Contact us.
Contact usCurrent development
The new European rules are being introduced in stages. A large part of the Pact applies from June 2026. The precise consequences depend on EU rules, national implementation and the circumstances of each case.
We monitor implementation and assess which old or new rules apply to each matter.
View the official judgmentThis knowledge base provides general information. Case law and legislation continue to evolve. It is not a substitute for legal advice on your personal situation.