Under family formation, the Netherlands means family reunification of the spouse, registered partner or unregistered partner, in so far as the family ties have been established at a time when the main character in the Netherlands had a main residence (Article 1.1 of the Aliens Decree 2000). Family formation is a form of family reunification, in which case the family band has been established outside the Netherlands.
The Aliens Decree 2000 (Article 3.74 paragraph 1 under a) has now stipulated that the husband must have a salary of at least 100% of the minimum wage as in family reunification.
On 4 March 2010, the Court of Justice of the European Union (No C-578/08, the Chakroun judgment) ruled on this income claim. It stipulated that the Dutch government should not assume an income of 120% of the minimum wage but should only assume stable, regular and sufficient income. The requirement of 120% in family formation is in violation of European Directive 2003/86 EC. The Dutch government has reported that family reunification will use the same limit as in family reunification (100% of the minimum wage). This can have consequences for foreign policy. Many rejected applicants for family formation may ask for review or objection. However, only those who have prosecuted the Board of State Administrative Court Division are eligible for this. For all others, they must submit a new application.
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