23,107 euros in his account, the Netherlands refuse his residence: court annuls everything

The Moroccan national was checked in the Netherlands on 4 April 2023 under legislation concerning the employment of foreign nationals. The authorities had ordered him to return immediately to Spain, the country in which he holds European long-term resident status.

On 11 May 2023, he applied to settle in the Netherlands as an economically inactive long-term resident. His application was rejected in September 2023, followed by the rejection of his administrative appeal on 25 October 2024.

The administration considered that he did not have sufficiently sustainable and independent resources. Yet his bank statements showed a balance of 23,107.29 euros on 28 July 2024, slightly lower than the amount available when he submitted his application.

On Bladi.net : The courts rule in his favor in the Netherlands, then order him to return to Morocco anyway

In its own decision, the administration acknowledged that this sum enabled him to live for approximately thirteen months at the level of the Dutch social minimum. However, it suspected that several substantial deposits had been made shortly before the application solely to meet the financial requirements.

The authorities also noted the small number of ordinary expenses appearing on the statements. They questioned the origin of the funds, the existence of any loans and the taxes that might still be owed.

The 23,107 euros remained in the account

The Hague court, sitting in Rotterdam, did not accept this reasoning. The sum remained available in the account from the submission of the application until the contested decision and was still available during the judicial proceedings.

The judge concluded that the Moroccan national had probably not needed this money to finance his daily expenses and therefore had other resources. Even if part of the sum came from loans, this was not sufficient to exclude it: European courts accept that funds lent or provided by third parties may be taken into account.

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The court also criticized the administration for not having heard the applicant during the appeal proceedings. Since his statements and the deposits raised questions, it should have allowed him to provide explanations before confirming the refusal.

In its judgment of 4 August 2026, the court annuls the decision and orders the minister to rule again within six weeks. The residence permit is therefore not automatically granted yet. If the administration considers issuing a new refusal, it must first hear the Moroccan national.

The excessive length of the proceedings also entitles him to 1,000 euros in compensation. The minister must also cover 2,335 euros in legal costs and reimburse the 187 euros paid to bring the case before the court.