The Council of State (‘Raad van State’) ruled in an important “Chavez case” (about EU residence rights of parents who are primary caregivers of Dutch children) that statements from the partner, friends, family and acquaintances must also be included as evidence. With these statements, the care responsibilities of the foreign national for the minor child can be substantiated. The IND may not dismiss these statements as not objective, but must include them in the assessment of the care tasks. “Persons in the vicinity of the foreign national are in a position to explain the nature and extent of the care tasks that the foreign national performs for his daughter.” The Chavez application of this client of Scheers Advocatuur was granted after this ruling.
For more information about this subject or assistance with an application or procedure, please contact Scheers Advocatuur.