What is the Chavez Visa?

The Chavez Visa is based on the Chavez-Vilchez judgment (2017), which confirmed that EU citizen children must be allowed to enjoy their rights within the EU. This means that a non-EU parent responsible for the care of a Dutch or EU child may be granted a residence permit—ensuring that the child is not forced to leave the EU.

Who is Eligible?

You may qualify for the Chavez Visa if you:

• Are a non-EU parent of a Dutch or EU citizen child.

• Can prove you play an active role in the child’s care and upbringing.

• Can demonstrate that the child depends on you, and would not be able to remain in the EU without your presence.

It’s important to note: custody or co-parenting arrangements, proof of daily involvement, and the child’s best interests all play a role in the IND’s assessment.

Key Requirements

To apply for the Chavez Visa, you’ll generally need:

• A valid passport.

• The child’s Dutch or EU passport.

• Proof of relationship (birth certificate).

• Evidence of your role in the child’s life (custody papers, school records, medical appointments, or other supporting documents).

Benefits of the Chavez Visa

• Legal Residence – Live and stay in the Netherlands without fear of separation.

• Work Rights – In many cases, you’ll be allowed to work while holding this residence permit.

• Family Unity – Ensures that children grow up with their parents, as intended by EU law.

Common Challenges

• Proof of Involvement – Applicants sometimes underestimate the amount of evidence required.

• Complex Family Situations – Shared custody or complicated legal cases can slow down the process.

• Application Rejections – Missing documents or unclear evidence often lead to delays or denials.

How to Strengthen Your Application

• Document Everything – From school meetings to daily care, the more evidence, the better.

• Seek Legal Guidance – An immigration lawyer familiar with Chavez cases (like INLS) can help present your case strongly.

• Focus on the Child’s Best Interests – Always center your application around how your presence benefits the child.