Article 8 ECHR. The right to family and private life.

When the regular conditions do not fit – how family life, private life and humanitarian reasons can lead to residence.

Family lifePrivate lifeHumanitarian

Article 8 ECHR

The right to family and private life

Article 8 of the European Convention on Human Rights protects family and private life. The IND must weigh it in every decision.

Family life

When it can help

Partners or children who do not meet every condition
Close ties between parents and adult children – in exceptional cases
A refusal that would split a family
Children who grew up in the Netherlands

Private life

Also protected

A long stay in the Netherlands
Strong social and work ties
Little or no connection to the country of origin
Young people who grew up here

The balance

How the IND weighs your interests

Your ties here

Family, children, work, school and how long you have lived here.

Your ties abroad

Language, family and possibilities in your country of origin.

The child’s interest

The interests of children weigh heavily in the balance.

Public order

Criminal records and the state’s interest in immigration control.

Humanitarian

Humanitarian residence

Temporary

Humanitarian temporary

Medical treatment in the Netherlands
Victims of human trafficking
Victims of domestic or honour-based violence
Other urgent humanitarian reasons

Non-temporary

Humanitarian non-temporary

After years on a temporary humanitarian permit
Integration requirement applies
Special individual circumstances
We assess your case personally

More on these permits: Other residence permits.

FAQ

Questions about Article 8

Is Article 8 a separate permit?

Not usually. It is a test the IND applies to an application or a refusal – for example in a family case.

Does Article 8 always win?

No. It is a balance of interests. A well-documented file makes the difference.

Can I use Article 8 in court?

Yes. Article 8 is often a central argument in objection and appeal.

EU law

Other EU-law and human-rights routes

Chavez

Parent of a minor Dutch child – residence through your child.

Family of an EU citizen

Partner, child or parent of an EU, EEA or Swiss citizen living here.

EU route

Back to the Netherlands with your Dutch partner after living in another EU country.

Article 8 ECHR

The right to family and private life – when the regular rules do not fit.

Entry ban and SIS

Lift an entry ban or remove a Schengen (SIS) alert.

Refused?

Objection and appeal – deadlines and how we represent you.

Information valid for 2026, based on ind.nl, politie.nl and EU law. Every case is different – we check your situation in a free 30-minute call.

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