Thousands of internationals in the Netherlands live here on a permit that exists because of someone else. You came as the partner of a highly skilled migrant, married a Dutch citizen, or moved with an EU partner who got a job here. As long as the relationship lasts, the arrangement is invisible. When it ends, it becomes the most urgent question in your life: can I stay?
The starting point for this guide is an article published on 27 October 2026 by IamExpat, "Separating in the Netherlands: What happens to your residence permit?". It was written by an immigration lawyer at Everaert Advocaten and published as a paid partnership. It focuses on three rules: the 5-year independent permit for partners, the 1-year rule for children, and the 3-year rule for partners of EU citizens.
This guide adds what the article leaves out: the reporting deadline, fees, the domestic violence routes, the divorce procedure itself, and the practical follow-up with your municipality, benefits and health insurance. Every number was checked against the IND (Immigration and Naturalisation Service), Rijksoverheid (the Dutch government), Rechtspraak (the judiciary) and the Belastingdienst (Tax Administration). For an overview of all permit types, see our residence permit guide. This article stays focused on what happens when a relationship ends.
| Question | Short answer |
|---|---|
| What do I do first? | Speak to a lawyer, then report to the IND within 4 weeks |
| Will I lose my permit? | It can be withdrawn. You can object within 4 weeks |
| How can I stay? | 5-year independent permit, change of purpose, or an exception |
| What about the kids? | After 1 year with a parent, a child may get their own permit |
| How do we divorce? | Married: lawyer and court. Cohabiting: no court |
| What else changes? | Address, benefits (toeslagen), insurance, housing |
1. The numbers: fewer divorces, but many families affected
Divorce is becoming less common in the Netherlands overall, yet separation still touches a large share of families. That matters for international households, where one partner's legal status often hangs on the relationship.
Divorce is down about a fifth since 2018
DutchNews reported in September 2026 that, according to the national statistics office CBS, 24,555 marriages ended in divorce in 2025, down from 30,729 in 2018. NL Times reported 47,586 for 2025 and 58,499 for 2018 on the same day. The two outlets appear to count different things (marriages versus people), and neither explains the gap. Both agree on the trend: around 20% fewer divorces, with more among people over 60.
| Indicator | Figure | Source |
|---|---|---|
| Marriages ended by divorce, 2025 | 24,555 (2018: 30,729) | DutchNews, citing CBS |
| Divorces, 2025 (other count) | 47,586 (2018: 58,499) | NL Times, citing CBS |
| Over-60s share of divorces | 8.2% (2015) to 13.4% (2025) | NL Times, citing CBS |
| 15-year-olds with separated parents | 24% | DutchNews, citing CBS |
| Children with separated parents | about 782,000 (2025) | DutchNews, citing CBS |
The takeaway: the total is falling, but roughly one child in four still experiences their parents' separation.
One in four teenagers has separated parents
DutchNews reported on 17 September 2026 that of 3.3 million children living in the Netherlands in 2025, about 782,000 had separated parents. Among 4-year-olds with separated parents, 93% lived mainly with their mother, falling to 83% at age 17.
For international families, the question is rarely just who the child lives with. It is also which country the child lives in. We come back to that under children and cross-border moves.
2. The big picture: it depends on who your partner is
The first question is not how long you have been here. It is who sponsored your permit. A Dutch citizen, an EU citizen from another country, and a non-EU national with their own permit each put you under a different set of rules.
Three frameworks
| Your partner | Rules that apply | Main route to stay independently |
|---|---|---|
| Dutch citizen | Dutch national law | 5 years plus civic integration |
| Non-EU, non-temporary permit | Dutch national law | 5 years plus civic integration |
| Non-EU, temporary permit | Dutch national law | 5-year route hard to use |
| EU/EEA/Swiss citizen (not Dutch) | EU free movement law | 3 years, 1 in NL, and others |
The same "partner permit" label covers very different legal positions, so check which row you are in before reading further.
Temporary versus non-temporary purposes
The IND classifies every residence purpose as temporary (tijdelijk) or non-temporary (niet-tijdelijk). Study and intra-corporate transfer are temporary. Highly skilled migrant work and living with a partner are non-temporary.
For the 5-year independent permit, the IND (page updated 30 September 2026) requires your sponsor to be Dutch or to hold a non-temporary permit on the date of the decision. The IamExpat article names the highly skilled migrant permit and the EU Blue Card as examples of non-temporary permits.
If your permit is in your own name, nothing changes
As Expatica notes, Dutch and EU citizens, and anyone holding a permit in their own name, keep their right of residence after a divorce. The problem is limited to people whose permit depends on the relationship. In many expat households, that is the partner who followed the other's job.
3. The reporting duty: 4 weeks, and both of you
The first legal obligation after a separation is to tell the IND. People often assume this is the sponsor's job alone. It is not.
The deadline is 4 weeks
The IND asks for changes such as "the relationship or family ties have ended" or "you no longer live with your family member" to be reported within 4 weeks (IND: Report changes in situation). There is an online notification form and paper forms for the foreign national and for the sponsor.
Both the permit holder and the sponsor must report
The IND page on obligations of the foreign national and the sponsor (updated 18 March 2026) lists a broken relationship and living apart among the sponsor's reporting duties. The permit holder must also report when they no longer meet the permit's conditions. When you applied, you both declared that you would inform the IND within 4 weeks if the exclusive relationship ended.
| Item | Detail |
|---|---|
| Deadline | Within 4 weeks of the change |
| Who reports | The permit holder and the sponsor |
| How | Online form or paper form (such as form 7597) |
| If you don't | Warning or administrative fine |
| Change of address | Tell the municipality 4 weeks before to 5 days after |
The IND states it can issue a warning or an administrative fine for breaches, so the deadline matters even if your partner has already reported.
Talk to someone first, but keep the deadline
Several expat organisations give the same advice. ACCESS recommends speaking to a lawyer before informing the IND, and DutchReview warns that without advice you may simply receive notice that your permit will be revoked. The point is not to skip reporting. It is to file your next application at the same time, so there is no gap.
When does a relationship "end"?
For a married couple, the start of living apart or the filing of a divorce request are the usual reference points. For unmarried partners, the end of cohabitation is generally the end of the relationship for permit purposes. Expatica also points out that a formal separation or simply living apart can affect your residence rights, even while you are still married on paper.
4. Withdrawal and how to object
Reporting does not end your permit on the spot. It starts a review. Knowing how that review works gives you room to act.
The IND "can" withdraw, it does not have to
Under the IND's rules, a permit whose conditions are no longer met can be withdrawn. According to ACCESS, the IND looks at your former partner's nationality, how long the relationship lasted, your financial independence, your integration in the Netherlands, and your role in raising any children together. These factors are where a lawyer can help you build your case.
Giving your view before a decision
In Dutch administrative law, you are usually given the chance to submit your view (zienswijze) before an unfavourable decision. If the IND sends a notice of intent to withdraw, use it: describe your work, your children, your language skills and your ties to the country, with documents.
Objecting within 4 weeks
ACCESS notes that you can file an objection (bezwaar) within 4 weeks of a withdrawal decision. After that, the route goes to court.
| Stage | What you do | Typical deadline |
|---|---|---|
| Separation | Report to the IND, see a lawyer | 4 weeks |
| Notice of intent | Submit your view with evidence | As stated in the letter |
| Withdrawal decision | File an objection | 4 weeks |
| Objection rejected | Appeal to the court | As stated in the decision |
Deadlines in the letter itself always take priority over general guidance like this table.
5. The 5-year independent permit (continued residence)
The core of the IamExpat article is the independent permit available after five years. The IND's formal name is the residence permit for the non-temporary humanitarian purpose. Many internationals know it as "continued residence" (voortgezet verblijf).
The IND's conditions
The IND sets out the following for former partners:
| Condition | Requirement |
|---|---|
| Duration | At least 5 years on a partner or spouse permit |
| Sponsor | Dutch or non-temporary permit on the decision date |
| Integration | Civic integration exam passed (exemptions exist) |
| Previous permit | Not withdrawn |
| Fee | €254 |
| Decision period | 90 days (can be extended) |
Duration alone is not enough. A partner on a temporary permit can block this route even after five years.
What you get
The permit is valid for 5 years. You may work freely, with no work permit (TWV) needed. After 5 years you can apply for permanent residence or extend. Former spouses and partners with more than 5 years can apply online with DigiD; otherwise form 7527 goes by post.
The IamExpat article highlights two advantages: your stay no longer depends on your ex-partner meeting their own permit conditions, and you do not need an employer to sponsor you.
Civic integration is the usual obstacle
Partners who came for someone else's job often put Dutch lessons on hold. The independent permit requires a pass in the civic integration exam (inburgeringsexamen) or an exemption. Even in a stable relationship, taking the exam before your fifth year is cheap insurance. Our guide to learning Dutch covers the options.
The EU Blue Card family exception
For family members of an EU Blue Card holder, the IND counts five continuous years if the last 2 were spent in the Netherlands with that family member and at least 3 before that in another EU country. Families who moved within Europe should check this.
6. Before 5 years: changing the purpose of your stay
If you separate before five years, the realistic route for most people is a permit in your own name for a different purpose. The IND calls this a change of residence purpose.
The IND names a relationship ending as a trigger
The IND page on changing residence purpose (updated 27 November 2025) says explicitly that if you have a permit to live with your spouse or registered partner and the relationship has ended, through divorce or because you no longer live together, you must change your permit. The same applies when a partner dies. If your nationality normally requires an MVV (entry visa), you do not need a new one for a change of purpose.
Common switches and 2026 conditions
| New purpose | Key condition (2026) | Fee |
|---|---|---|
| Highly skilled migrant | Recognised sponsor; €5,942/month gross if 30+ | €423 |
| Self-employed | Points-based business assessment | €423 |
| Study | Admission to a recognised institution | €254 |
| Orientation year | Recent degree, within 3 years | €254 |
| Independent (5 years) | See section 5 | €254 |
Fees are from the IND fee table. Salary thresholds change every 1 January. See our orientation year guide if you recently graduated.
The fees side by side make the cost differences clear: work and business permits cost more than study or the independent permit, while the victim permit is free.
Apply while your current permit is valid
The IND stresses avoiding a residence gap. A gap can delay permanent residence or naturalisation later. ACCESS explains how a gap can break the continuous five years that permanent residence requires. In practice this means preparing your new application before you report, not after the IND has acted.
7. Domestic violence: you are not trapped by your permit
The IamExpat article mentions domestic violence in a single sentence. Because this is where fear of losing a permit can keep people in danger, it deserves a closer look.
Safety first
If you are in immediate danger, call 112. For advice and reporting, Veilig Thuis is reachable free of charge, 24 hours a day, on 0800-2000 (Rijksoverheid). Municipalities such as The Hague list local help as well.
If you already have a partner permit
The IND's domestic violence page (updated 19 June 2025) says that if you already hold a permit to live with a family member and are a victim of domestic violence, you may apply for a non-temporary humanitarian permit. The non-temporary humanitarian page also lists family violence among the individual circumstances that can justify a permit when the 5-year conditions are not met.
The IND's information leaflet on domestic violence and residence (form 3092) explains that an independent permit may be possible when domestic violence in the relationship is proven, that a report to the police matters, and that the civic integration condition does not apply when the relationship ended because of domestic violence. Records from a shelter or other trustworthy organisations are accepted as evidence.
If you have no permit yet
There is also a temporary humanitarian permit for victims without a residence permit. The violence must have led to the breakdown of the relationship, and it must be unlikely to stop if you return to your country of origin.
| Item | Detail |
|---|---|
| Fee | Free |
| First permit | Temporary humanitarian, valid 1 year |
| Next step | Non-temporary humanitarian after 1 year, valid 5 years |
| Decision period | 90 days (can be extended) |
| How to apply | Form 7526, by post |
After five years on the non-temporary permit, you can apply for permanent residence.
Keep the evidence
Residence decisions turn on documents. Police reports, a doctor's statement, records from Veilig Thuis or a shelter, and messages can all count. Once you are safe, go through them with a lawyer.
8. Children: residence, custody and support
Children add a second layer to everything: their own residence, your residence as their parent, and the arrangements the divorce has to settle.
A child can get their own permit after 1 year
Under the IND's conditions, a minor who has lived here for at least 1 year on a permit to stay with a parent (including an adoptive or foster parent) can qualify for an independent permit, provided that parent is Dutch or holds a non-temporary permit. The IamExpat article adds that children have no integration requirement and that a child with an independent permit keeps their residence if one parent leaves.
Children as part of your own case
DutchReview notes that the IND may allow a parent to stay if that is in the child's best interest. The IND itself lists children who were born or went to school in the Netherlands as one of the individual circumstances it considers. This is a factor, not a guarantee. Records of your contact, care and maintenance payments help show your role.
Custody, parenting plans and child support
| Topic | Dutch approach | Source |
|---|---|---|
| Custody | Joint authority usually continues | ACCESS, Xpat.nl |
| Parenting plan | Required with children under 18, also for cohabitants | Rijksoverheid |
| Child's voice | Children 12+ have the right to be heard | ACCESS, Xpat.nl |
| Child support | Until the child turns 21 | DutchReview |
| Collection | LBIO collects unpaid support | DutchReview |
Dutch law treats both parents as carrying on together after separation, and unmarried parents need a parenting plan too.
EU-citizen children
As the IamExpat article explains, a child who is an EU citizen has a right of residence of their own, unaffected by the parents' separation. Families with dual-national children should check this.
Moving a child across borders
The Netherlands is a party to the Hague Child Abduction Convention, as are most of the countries internationals come from. Taking a child under 16 to another country without the other parent's consent or a court order can lead to a return order. Get consent in writing, or a court decision, before relocating with a child.
9. Partners of EU citizens: the 3-year rule
If your partner is an EU, EEA or Swiss citizen other than Dutch, your residence rests on EU free movement law. The rules after a breakup are separate from everything above.
Three ways to keep your right of residence
The IND page on staying after your situation with the EU citizen changed (updated 19 June 2026) lists these cases:
| Case | Condition |
|---|---|
| Duration | 3+ years of marriage or relationship before the split, 1+ in NL |
| Children | Custody of a minor, or court-ordered access in NL |
| Difficult circumstances | For example domestic or honour-based violence |
Meeting one of these is generally not enough on its own.
The income requirement
The IND usually also requires you to work as an employee or entrepreneur for at least 40% of a regular full working week, or earn at least 50% of the applicable social assistance amount. Otherwise, your income must reach the standard amount for your household, and you need Dutch health insurance. EU family member residence documents cost €85 for a first application.
10. Highly skilled migrant and posted-worker families
Most internationals who face this question arrived as the family of someone with a work permit. The kind of permit your partner holds shapes your options.
Family of a highly skilled migrant
The highly skilled migrant permit is non-temporary, so former partners can use the 5-year route. As The Hague International Centre explains, the partner's permit runs for the same period as the main permit holder's. If your partner loses or changes their job and permit, your permit is affected too, even without a breakup.
Family of an intra-corporate transferee
Intra-corporate transfer (ICT) is a temporary purpose. A partner who came with an ICT holder will usually struggle to meet the 5-year condition. The employer's assignment terms and return date are part of the picture, so talk to HR and a lawyer early.
11. The divorce process: courts, lawyers and costs
Alongside the residence question runs the separation itself. In the Netherlands the procedure depends on whether you are married, in a registered partnership, or living together.
Three relationship forms, three procedures
According to Rijksoverheid:
| Relationship | Procedure | Lawyer |
|---|---|---|
| Marriage, agreed | Joint request to the district court | One shared lawyer |
| Marriage, not agreed | One spouse files with the court | Each needs their own |
| Registered partnership, no minors, agreed | Termination agreement, no judge | Lawyer or notary |
| Registered partnership, minors or dispute | Court | Required |
| Unmarried cohabitation | No legal procedure | Not required |
A marriage can only be dissolved through the court, and only a lawyer can file.
Grounds and timing
The only ground is the irretrievable breakdown of the marriage; fault does not matter (Xpat.nl). DutchReview puts an uncontested divorce at roughly three to six months and a contested one at often more than a year. A spouse who receives a divorce request has 6 weeks to respond (3 months if living abroad or address unknown), also through a lawyer.
Costs
The court fee (griffierecht) for individuals in 2026 is €341, or €93 for people on a low income, according to the Rechtspraak fee table. Expatica's figure of €331 is the 2025 rate. DutchReview and Expatica both estimate a typical divorce at €2,000 to €4,000 including legal fees. Subsidised legal aid is available on a low income, with an own contribution based on income and assets.
Can you divorce in a Dutch court?
ACCESS explains that if both spouses live in the Netherlands, the Dutch court has jurisdiction regardless of nationality. If only one does, a year of habitual residence may be needed. Different parts of a divorce can fall under different countries' laws, and some can be chosen, so international couples should see a lawyer who knows international family law.
Registration makes it final
A court divorce must be registered with the municipality within 6 months; only then is it legally final. A registered partnership ended by a lawyer or notary must be registered within 3 months (Rijksoverheid).
Spousal maintenance
For agreements and rulings since 1 January 2020, partner maintenance (partneralimentatie) lasts at most 5 years, or half the length of the marriage if it lasted under 10 years. With children, it runs until the youngest turns 12, and there are exceptions for marriages over 15 years linked to state pension age (Rijksoverheid). Receiving maintenance does not by itself satisfy any income requirement for your permit.
12. Address, benefits, insurance and housing
Behind the residence and court questions sit the monthly practicalities. Missing them can mean repayments later.
Your registered address
Whoever moves must register the new address with the municipality, from 4 weeks before to 5 days after the move. If you miss that window, you must also notify the IND yourself.
Benefits (toeslagen)
According to the Belastingdienst, for healthcare allowance your ex stops counting from the first of the month after both the address change and the divorce request. For rent allowance it is the first of the month after you are no longer registered at the same address.
| Allowance | When your ex stops counting | What you do |
|---|---|---|
| Healthcare allowance | Month after address change and filing | Report your new income |
| Rent allowance | Month after separate addresses | Report rent and household |
| Child budget | Paid to the parent receiving child benefit | Co-parents send a letter |
| Childcare allowance | Recalculated | Check childcare contracts |
Address changes reach the tax office automatically; income changes such as maintenance do not (co-parenting rules). See our toeslagen guide for the full picture.
Health insurance and housing
Dutch basic health insurance is individual, so it continues after a separation, but a discount through your partner's employer may end. Our guide to switching health insurance explains the options. Housing usually follows the name on the lease. On a joint lease, agree with the landlord how the departing partner is removed, and expect strict income checks when you look for a new place.
13. Common mistakes
The same misunderstandings come up again and again. Most of them are discovered after a deadline has passed.
| Misunderstanding | Reality |
|---|---|
| We're still married, so my permit is safe | Living apart can already break the conditions |
| Reporting is my partner's job | The permit holder must report too |
| After 5 years I'm independent automatically | You must apply, and pass civic integration |
| Any partner permit counts toward 5 years | A temporary sponsor permit blocks the route |
| Maintenance covers the income test | Residence income rules are assessed separately |
| I can take the children home | Hague Convention return orders can follow |
Most of these come from assuming the other person will handle it. Check your own obligations.
14. What to do this week
If separation is decided or likely, work through these steps in order.
- Check your residence card. Note the purpose and expiry date, and check MijnIND.
- Count your years on a partner permit. Start from the first permit's start date. How far you are from 5 years shapes everything else.
- Get advice. The Juridisch Loket (0800-8020) gives free legal advice on weekdays from 09:00 to 17:00. Ideally find a lawyer who handles both immigration and family law.
- Report to the IND within 4 weeks, with your next application ready.
- Apply for a new purpose or the independent permit while your current permit is valid.
- Register your new address within 5 days of moving.
- Update your benefits in Mijn toeslagen or the app.
- Put the divorce registration in your calendar. A court divorce must be registered within 6 months.
Free first-line help is also listed in our guide to free help for internationals. The ACCESS helpdesk (+31 85 4000 338, weekdays 10:00 to 14:00) and The Hague International Centre (+31 70 353 50 43) can point you to the right place.
15. Example cases (fictional)
The people below are fictional, made up to show how the rules apply. Real outcomes depend on individual facts.
Case 1: six years as the partner of a highly skilled migrant
Maria came six years ago as the wife of a highly skilled migrant who still works here. She passed the civic integration exam last year. She appears to meet the duration, sponsor and integration conditions. With a lawyer, she reports the separation and files for the independent permit (€254) at the same time.
Case 2: two years married to a Dutch citizen, with violence
Amir has been married to a Dutch citizen for two years. After repeated violence, he moved to a shelter, but hesitated to report it because of his permit. He contacts Veilig Thuis, makes a police report, and keeps the shelter records. With a lawyer, he applies for a non-temporary humanitarian permit, for which the integration condition does not apply in his situation.
Case 3: four years with a German partner, one child
Lena has lived with her German partner for four years, two of them in the Netherlands, and they have a three-year-old. EU rules apply: more than 3 years together with more than 1 here. If she works at least 40% of a full-time week, she should meet the income condition. The parenting plan is settled within the separation.
| Case | Framework | Main route | Deciding factor |
|---|---|---|---|
| Maria (6 yrs, skilled migrant family) | National | Independent permit | Integration exam passed |
| Amir (2 yrs, violence) | National | Domestic violence route | Police and shelter records |
| Lena (4 yrs, EU partner) | EU law | 3-year rule | Income requirement |
The same event, a separation, leads to three completely different routes.
16. What not to do
Residence and family rights can be lost in ways that are hard to undo. Avoid these.
| Don't | Why |
|---|---|
| Delay reporting | Missing 4 weeks risks fines and weakens your case |
| Report without a plan | The review starts before your next application exists |
| Apply after your permit expires | A gap delays permanent residence and naturalisation |
| Move a child abroad without consent | Return orders under the Hague Convention |
| Stay in a violent home for your permit | Victim routes exist for exactly this |
| Rely on articles alone | Conditions depend on your facts; check sources and get advice |
That last point applies to this guide as well.
17. Summary
- If your permit depends on your partner and you separate, both of you must report it to the IND within 4 weeks.
- After 5 years on a partner permit, with a Dutch or non-temporary sponsor and civic integration passed, you can apply for an independent permit (€254).
- Before 5 years, switch to another purpose while your permit is still valid, to avoid a residence gap.
- Domestic violence victims have specific routes, including a free permit, and should not stay in danger for fear of losing residence.
- Partners of EU citizens follow EU rules: 3 years together with 1 in the Netherlands, custody or access, or difficult circumstances, plus an income test.
- Married couples divorce through a lawyer and the court; registration with the municipality makes it final.
- Before moving with a child, get the other parent's written consent or a court decision.
Sources
Starting point
- Separating in the Netherlands: What happens to your residence permit? — IamExpat: 27 October 2026, paid partnership by an Everaert Advocaten lawyer; the 5-year, 1-year and 3-year rules
Official sources
- Residence permit humanitarian non-temporary — IND: 5-year and 1-year conditions, €254, 90 days (updated 30 September 2026)
- Obligations foreign national and sponsor of family member — IND: 4-week duty, warnings and fines (updated 18 March 2026)
- Report changes in situation — IND: changes to report and forms
- Change residence purpose — IND: relationship ending as a trigger, residence gaps (updated 27 November 2025)
- Staying in the Netherlands if your situation with the EU citizen has changed — IND: 3-year rule and income requirement (updated 19 June 2026)
- Residence permit honour-based or domestic violence — IND: victim permit, free, 1 and 5 years (updated 19 June 2025)
- Domestic violence and your residence permit (leaflet 3092) — IND: independent permit after domestic violence, integration exemption
- Fees: costs of an application — IND: 2026 fees
- Op welke manieren kan ik scheiden? — Rijksoverheid: procedures by relationship type
- Geregistreerd partnerschap ontbinden — Rijksoverheid: ending a partnership without a judge, registration deadlines
- Hoe lang betaal ik partneralimentatie? — Rijksoverheid: duration of spousal maintenance
- Wat moet ik doen bij huiselijk geweld? — Rijksoverheid: Veilig Thuis and emergency contacts
- Griffierecht civiele rechter — Rechtspraak: 2026 court fees
- Toeslag na een scheiding — Belastingdienst: when your ex stops counting for allowances
- Toeslagen en co-ouderschap — Belastingdienst: co-parenting and allowances
- Domestic violence help — Gemeente Den Haag: local advice and reporting
Expat media
- Divorces in the Netherlands: All you need to know — DutchReview: timelines, costs, child's best interest
- Getting a divorce in the Netherlands — Expatica: procedure, costs, own-name permits
- Grey divorce on the rise among the Dutch over-60s — DutchNews.nl: 2025 divorce figures
- Nearly a quarter of children in NL have divorced parents — DutchNews.nl: children of separated parents
- Divorce on the rise among couples in their 60s and 70s — NL Times: alternative divorce count and over-60s share
- Procedure for divorce between spouses of different nationalities — ACCESS: jurisdiction, IND factors, 4-week objection
- Mind the gap in residence permit — ACCESS: residence gaps and continuous residence
- Getting a divorce in the Netherlands — Xpat.nl: grounds, joint and unilateral requests
- Family migrant permit — The Hague International Centre: partner permit validity and contact details
All sources were checked on 30 October 2026. IND fees and salary thresholds change every 1 January, and policy can change during the year. Check the IND's current information before applying, and get individual advice from an immigration or family lawyer.
Original article
Separating in the Netherlands: What happens to your residence permit? — IamExpat
FAQ
- Do I have to tell the IND if my partner and I split up?
- Yes. The IND requires changes such as the end of a relationship or no longer living together to be reported within 4 weeks. Both the permit holder and the sponsoring partner carry this duty. Reporting triggers a review of the permit, so it is wise to speak to an immigration lawyer or the Juridisch Loket first, while staying within the deadline.
- Can I stay in the Netherlands after a divorce if I have lived here 5 years on a partner permit?
- Possibly. You can apply for a non-temporary humanitarian permit (often called continued residence) if you held a partner permit for at least 5 years, your ex-partner is Dutch or holds a non-temporary permit, you passed the civic integration exam, and your permit was never withdrawn. The fee is €254 (checked 30 October 2026).
- What if we separate before 5 years?
- Your permit does not disappear automatically, but the IND can withdraw it because you no longer meet its conditions. The usual route is to apply, while your permit is still valid, for a permit with a different purpose, such as work, study or self-employment. Domestic violence and strong ties through children can open other routes.
- What can I do if the relationship ended because of domestic violence?
- The IND has a residence route for victims of domestic violence, and the application for the victim permit is free. If you already hold a partner permit, you may be able to apply for a non-temporary humanitarian permit. Police reports and shelter records help as evidence. In danger, call 112; for advice, call Veilig Thuis on 0800-2000 (free, 24/7).
- My partner is an EU citizen. Can I keep my residence after we split?
- EU rules apply. You can usually stay if the marriage or relationship lasted at least 3 years with at least 1 year in the Netherlands, if you got custody of or court-ordered access to a child here, or in difficult circumstances such as domestic violence. You generally also have to meet an income requirement.
- Do I need a lawyer to get divorced in the Netherlands?
- For a marriage, yes, always: even if you agree, a lawyer files the request with the district court, and one shared lawyer is enough. A registered partnership without minor children can be ended without a judge by a lawyer or notary. Unmarried cohabitants need no lawyer, but parents must still make a parenting plan.
Source: IamExpat
