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Warning for Turkish families residing in the Netherlands or with dual nationality (Dutch (= Netherlands) and Turkish), travelling with children (back) to the Netherlands after their holidays
Because of recurring problems at airports when travelling (back) to the Netherlands (from Turkey) we would like to draw your attention to the following:
Minors endorsed in the Turkish passport of one of their parents and accompanied by this parent, can not travel back to the Netherlands if only the parent is in the possession of a Dutch passport or resident permit for the Netherlands.
In order to travel to the Netherlands the minor needs to be:
1. endorsed in the Dutch passport of the accompanying parent; or
This is only possible if the minor is in the possession of the Dutch nationality.
In order to be endorsed in the Dutch passport of the accompanying parent one should contact the municipality of residence prior to travelling abroad.
2. in the possession of his or her own Dutch passport; or
This is only possible if the minor is in the possession of the Dutch nationality. In order to obtain a Dutch passport one should contact the municipality of residence prior to travelling abroad.
3. in the possession of a residence permit of the Netherlands; or
This residence permit must have been acquired prior to travelling abroad and must be valid upon arrival in the Netherlands. An application for a residence permit must be submitted to the IND. An appointment hereto can be made at the counter of the IND.
4. in the possession of a valid visa in the Turkish passport for re-entering the Netherlands.
If a family decides to travel abroad after an application for a residence permit for the minor has been submitted but before a decision regarding this application has been made, a return visa to the Netherlands is required. The return visa should be acquired prior to the start of the journey.
The return visa is issued by the IND and an appointment hereto can be made at the visa counter of the IND.
NB A (Dutch) birth certificate is not a travel document and therefore not sufficient to travel back to the Netherlands. The fact that a child is born in the Netherlands and /or is listed in the Turkish travel document of the accompanying parent (or legal representative) is not sufficient to re-enter the Netherlands.
Background information
In accordance with paragraphs A2/4.2.1 and A2/4.3.3.2 of the Aliens Act implementation guidelines 2000 (Vreemdelingencirculaire 2000) and Article 5, paragraph one, of the Schengen Borders Code[1][1] all persons must be in the possession of valid documents required for crossing an external Schengen border. The fact that a child (of a third-country nationality) is born in the Netherlands and /or is listed in the Turkish travel document of the accompanying parent (or legal representative) does not detract from this requirement.
Upon arrival in the Netherlands, an application for a residence permit may be submitted. The requirements for a temporary residence permit in the context of family reunification for minor children are stipulated in Chapter B2/5 of the Aliens Act implementation guidelines 2000. When these requirements are met, a temporary residence permit can be issued.
If a family decides to travel abroad after an application for a residence permit for the minor has been submitted but before a decision regarding this application has been made, a return visa to the Netherlands is required. The return visa should be acquired prior to the start of the journey. The return visa is issued by the IND and an appointment hereto can be made at the visa counter of the IND.
Failure to take the necessary measures for lawful residence and/or return visa before leaving the Netherlands, is solely the responsibility of the applicant (in this case the parent or legal representative).
For more information please contact the IND by calling 0900-1234561 (€ 0.10 p.m., weekdays between 09.00 and 17.00). When calling from abroad the IND can be contacted on +31 20 889 3045 (this number cannot be used within the Netherlands).
For further explanation of the Dutch regulation related to this matter, I refer to articles 3.13 through 3.23 of the Aliens Regulation 2000 (Vreemdelingenbesluit 2000) and article 3 of the Aliens Act 2000 (Vreemdelingenwet 2000). However, mentioned regulations are only available in the Dutch language.