Living in the Netherlands on a partner visa can feel like finally exhaling. You built a home, found routines, maybe started a career, and began to see your future here. When the relationship ends, the emotional impact is heavy enough. The legal uncertainty that follows can be even harder: Do I have to leave the Netherlands? How fast? Can I stay for my job or my child? What if my ex is Dutch, or an EU citizen, or neither?
This article is written for people who live in the Netherlands with a partner-based residence permit (in Dutch: verblijf als familie- of gezinslid) where the right of residence depends on the family relationship with a sponsor (referent). If you are not in the Netherlands on a dependent partner/family title but instead hold an autonomous residence permit (for example, as a highly skilled migrant, student, or self-employed person), then your right to stay generally continues on that independent basis regardless of the relationship. Your next steps will be different.
First things first: your duty to notify and the risk of withdrawal
When your right of residence is linked to your relationship, the end of that relationship is a material change. Under Dutch rules, you (and/or your sponsor) must inform the Dutch Immigration and Naturalisation Service (IND) of relevant changes within 4 weeks. The IND also explains that if you no longer meet the requirements for your residence permit because of such a change, the IND can withdraw the permit.
Moreover, "the card has not expired" is not the same as "the card is still valid." If the underlying condition (the relationship) no longer exists, the IND may consider you no longer meet the permit requirements, and hence the effectiveness of the residence permit may become invalid by the withdrawal decision of the IND, even though the card has not expired yet.
This is exactly why people often benefit from advice early: not because there is always "bad news," but because the right next application and the right sequencing can protect continuity of your lawful stay.
For partner-permit holders, the end of a relationship does not automatically mean "one outcome fits all." Your options depend on a few key variables:
1) How long you have been living in the Netherlands
2) The residence status or nationality of your ex-partner (the sponsor)
3) The cause of the relationship ending (break-up, divorce, death, domestic violence, etc.)
4) Whether a Dutch or EU-citizen child is involved
It is important to understand that these factors interact. For example, "being 3 years together" is especially relevant in EU-law situations, while "5 years on a family permit" is often decisive for more secure, independent residence. And having a child of Dutch citizenship can change the legal framework completely.
Below, we explain these factors and what they often mean in practice, and we highlight the moments where early legal advice can prevent residence gaps (in Dutch: verblijfsgat) and unnecessary stress.
Let's break it down.
Period of living in the Netherlands
If you have lived in the Netherlands for 5 years or more
Five years is a turning point in Dutch immigration law because it often opens the door to more secure residence.
Permanent residence routes (two main tracks)
Many people become eligible to apply for a permanent residence permit after meeting the "5 years of lawful stay" requirement (with exceptions in specific categories). In broad terms, permanent residence pathways include:
- A national permanent permit (regular indefinite stay; in Dutch: verblijfsvergunning onbepaalde tijd)
- An EU long-term resident status route (in Dutch: EU langdurig ingezetene)
Each has its own details and advantages, but both generally aim to remove dependency on a relationship-based permit and provide long-term stability. The IND's long-term EU resident route also expressly references requirements such as income, civic integration, and registration in the population register (Basisregistratie Personen, BRP).
We wrote an article about the differences between these two long-term residences. To get more information, you can read: Dutch Permanent Residence VS EU Long-Term Residence
Independent residence as a route to independent status after family residence
If you have lived in the Netherlands on certain family-based permits for 5 years, the IND indicates you may be able to change to a residence permit on humanitarian-based grounds (often described in practice as "continued residence" after family stay).
For people coming from residence with a spouse/partner, the IND lists requirements that may include, among other things:
- No reason to withdraw your previous permit
- Having met the civic integration requirement (unless exempted)
- Having had the relevant family-based permit for 5 years
- The family member being Dutch or holding a residence permit for a non-temporary purpose at the time of application
This route is highly relevant when the relationship ends after a longer lawful stay, because it can preserve stability and help avoid a residence gap.
Switching to a regular paid-employment permit (arbeid in loondienst)
If your relationship ends and you want to stay in the Netherlands on an autonomous and employment basis, one practical route can be switching to a regular residence permit for paid employment.
Normally, paid employment in the Netherlands requires the employer side to be involved, often through a single permit (GVVA) and, in many cases, a work permit (TWV). However, the IND also recognises situations where you can apply for "paid employment: residence permit only", including where you no longer need a work permit because you have worked for 5 years in a row in the Netherlands. In that scenario, you may be considered free on the labour market (arbeid vrij toegestaan, TWV niet vereist), which can significantly simplify the employment route.
This is particularly relevant for people coming from family residence, because policy also confirms that the IND may grant a residence permit under the restriction 'arbeid in loondienst' after family residence has ended (subject to the applicable legal conditions). Where a person has held a residence permit that allowed work for less than 5 years, the IND may assess the application using labour-market advice from UWV. Conversely, reaching the 5-year threshold of work history can remove that specific hurdle in practice.
If you have lived in the Netherlands for less than 5 years
Under 5 years, your options often shift from "upgrade to permanent/continued residence" to "switch to another autonomous purpose of stay." Common examples include:
- Employment-based routes (depending on your qualifications and employer situation)
- Study-based routes
- Orientation and transition routes in specific circumstances
- EU-law routes (if your ex is an EU citizen and certain conditions are met)
- Special protection routes (domestic violence/honour-related violence)
Your feasible route depends on your personal profile (education, work history, income, integration status, family situation) and on procedural timing. This is the stage where generic online information can be misleading, because small details (contract type, sponsorship eligibility, study admission, deadlines) can determine success.
Residence status of the ex-partner (the sponsor)
Your ex-partner's nationality or residence basis matters because partner residence is not one single legal category. Broadly, Dutch law and EU law can produce different outcomes.
If your ex-partner is Dutch, or a non-EU foreign national with a Dutch permit
If your partner-based residence was granted under Dutch national rules, the question becomes: can you switch to an independent permit, and on what basis?
The Dutch immigration law points partner-permit holders who want "independent residence" toward changing to humanitarian non-temporary grounds and notes that after 5 years as a family member you may apply for permanent residence.
In practice, the key considerations often include:
- Duration of your lawful stay (especially the 5-year threshold)
- Whether you meet integration requirements (or fall under an exemption)
- Whether you meet income standards where required
- Whether there are any risks of withdrawal (for example, undisclosed changes or unmet conditions)
If your ex-partner is an EU citizen (other than Dutch)
If your residence falls under EU free movement rules, then EU law has specific provisions on what happens after divorce or relationship breakdown. The IND explains that you may be able to stay if:
- Your marriage or relationship lasted at least 3 years, and at least 1 year of that relationship was in the Netherlands, or
- You have custody of minor children who possess the EU citizenship, or you have parental access rights and the judge has ordered contact with the child in the Netherlands.
If your situation involves a Turkish citizen sponsor (special rules)
Dutch immigration laws contain specific provisions under the EEC - Turkey Association Agreement (or Ankara Agreement; 1963) for Turkish citizens and their family members in certain contexts. The IND notes that if you lived in the Netherlands for at least 3 years with a residence permit as a family member of a Turkish employee who holds a residence permit for a non-temporary purpose, you may qualify for an independent residence permit.
This category is technical and fact-sensitive, and it is a good example of why "one-size-fits-all" advice is risky: two people can both be "on a partner permit," but the legal consequences can be different due to the sponsor's status and the underlying legal regime.
Cause of termination of the relationship
A "normal" break-up or divorce
In many cases, the relationship ends without additional legal factors. The core issue is then:
- Your existing permit may no longer match your situation.
- You must notify the IND within 4 weeks.
- You may need to change your residence purpose (wijziging verblijfsdoel). The IND explicitly lists divorce/ending cohabitation as a reason people change residence purpose.
Your next step is typically switching to an autonomous permit (work/study/other), or a "continued residence" style route with an independent status if you meet requirements, especially after longer family residence, or the EU-law retention route (if applicable). You can find more information in the earlier paragraphs.
Death of the partner
Not all relationships end by choice. If your spouse/partner dies, Dutch law may provide a route to independent residence in certain situations.
The IND's humanitarian ground framework specifically includes requirements after death of a family member for people who had residence with a spouse/partner, and it refers to conditions such as the deceased being Dutch or holding a permit for a non-temporary purpose, and the applicant not having moved their main residence outside the Netherlands.
If your residence was under EU-law (EU citizen sponsor), EU rules also address retention of residence in the event of death.
Domestic violence or honour-related violence
If the relationship ends because of domestic violence or honour-related violence, the law may offer protection-oriented residence solutions. The IND provides a dedicated policy route for victims and includes "residence as a victim of domestic or honour-related violence" as a basis that can lead to humanitarian ground residence in qualifying cases.
In this area, the facts and evidence are crucial, and the timeline can be sensitive. If you are in immediate danger, seek urgent help first (police/emergency services and specialist support). Legal steps can follow once safety is secured.
A new partner
It is possible to apply for a new partner-based residence permit with a new sponsor. However, overlapping relationships can create legal risk because Dutch partner residence assessment often expects the relationship to be genuine, durable, and (in certain partner contexts) assessed as exclusive.
IND forms used in partner procedures explicitly reference that the IND may assess whether the relationship is lasting and exclusive. If the IND concludes that the "original" relationship ended earlier than reported, it may treat the conditions for the original permit as no longer met from an earlier date, which can create a residence gap and complicate future applications. The IND warns that it can withdraw a residence permit if the requirements are no longer met, and stresses timely reporting of changes.
This does not mean you cannot move on with your life. It means the legal narrative and the timeline need careful handling. For that you can contact Pathway Partners for details.
Whether you have a child who has Dutch or EU citizenship
Children change the legal framework because the Netherlands (and the EU) places significant weight on the rights of EU citizen children and the practical reality of care.
Minor Dutch child: the "Chavez" route in practice
If you are the non-EU parent of a minor Dutch child, you may in certain circumstances obtain a right of residence derived from the child's EU citizenship, based on the principle that refusing residence to the caregiving parent can effectively force the child to leave the EU.
This is rooted in the case law commonly referred to as Chavez-Vilchez, a judgment of the Court of Justice of the European Union. The IND has a specific procedure for this kind of scenario.
Minor EU-citizen child (not Dutch): similar principles can apply
Comparable principles can apply where the child holds EU citizenship and the refusal of residence would effectively deprive the child of meaningful enjoyment of EU rights. The exact legal route and evidence requirements can differ, especially depending on where the child's citizenship lies and how family life and custody are organised.
Where a Dutch or EU-citizen child is involved, the "partner permit ends, therefore you must leave" logic is often incomplete. The child factor may create an alternative foundation for residence that is legally distinct from the relationship.
A practical roadmap after a break-up
Every case is different, but these steps are consistently useful:
1) Map your current permit - Confirm whether your residence is dependent on a partner/family relationship or autonomous.
2) Act within the reporting window - Changes must generally be reported to the IND within 4 weeks.
3) Identify your strongest alternative basis - This depends on the four factors above. Examples include:
- EU-law retention after divorce (where applicable)
- Humanitarian ground / independent status after family stay
- Permanent residence options if you meet thresholds
- Child-based residence
- A switch to work or study routes (fact-dependent)
4) Secure evidence early - Divorce filings, deregistration/addresses, custody arrangements, child-related court orders, proof of care, and proof of lawful residence history often become decisive.
5) Protect continuity - Residence gaps can affect future options. Make decisions with "continuity of lawful stay" in mind, not only immediate short-term permission.
What's more?
There is no single rule that covers every breakup scenario. The same word "partner visa" can conceal very different legal frameworks depending on the sponsor's status and nationality, the length of stay, the reason the relationship ended, and whether a child is involved.
If you are encountering issues with your marriage or loving relationship and you are concerned about your right to continue staying in the Netherlands, seeking legal advice in a timely manner can prevent unnecessary frustrations and help you choose the most stable route forward.
For tailored guidance based on your residence history and personal circumstances, contact Pathway Partners for a consultation.