Residency permit after divorce, kids

Last activity 11 April 2023 by Guest7825

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Guest7825Guest11 April 2023 13:02:51

214245

The context:

My ex received a 5-year permit when we relocated to the NL (he is non-EU), as a family member of EU citizen (me).

One and a half years later, we separated and recently divorced. We have kids together and a parenting plan as part of the divorce.

He is not working and he is also not paying the Children's maintenance as per the divorce agreement.

I have not reported him for not paying me the child maintenance fees (yet). I have not reported the divorce to IND (should I?)

I recently found out that he has a criminal case against him, the decision of which he is currently appealing.

He does not see the children regularly. Maybe once a month for 2 hours at best. The parenting plan has every other weekend but he has absolutely never complied with anything in the parenting plan. The kids are not financially or emotionally dependent on him.

Questions:

Would he retain his residency permit after the divorce, because he has children based in the NL?

He is not seeing the children or supporting them financially. As far as I know, he has no income from employment either.

He has an ongoing criminal case against him as well, which he is appealing. That means he has been fond guilty.

What do you think are the chances that IND allows him to retain his permit but change it as a father of EU children?

Thank you for the clarification!

CynicUK / Netherlands Expert11 April 2023 16:07:57

7631

Hi and welcome to the Forum.

If your husband's residency permit is dependent on you as a sponsor, then you are required to report any change in circumstances to the IND. If he applied in his own right, then the onus is on him to report any changes. When he applies to renew his permit it will become known he is not working, so questions will be asked as to how he is supporting himself; if he becomes dependent on the State, he will almost certainly lose his residency permit.

As for the rest of it; I don't know, but if his presence/conduct is a threat to the well-being of your children then you should notify the authorities. Perhaps you should notify the lawyer who worked on your divorce as if he is not complying with the court's orders, then they can take enforcement action.

I hope this helps.

Cynic

Expat Team

Guest7825Guest11 April 2023 17:00:57

214245

Thanks! This helps

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