ECtHR upholds Netherlands’ refusal of residence permits for five children from polygamous marriages
The Tilt · Friday, 11 September 2026
Why it matters
The ruling confirms a concrete asymmetry in family reunification: the Netherlands could admit the applicant’s first wife and their eight children while refusing the five children from his second and third marriages. It also gives Council of Europe states broad discretion to exclude family members where admission would require recognition of a polygamous marriage, even while accepting that an Article 8 family relationship exists.
What happened
The European Court of Human Rights unanimously found that the Netherlands did not violate Article 8 by refusing residence permits to five children of a Yemeni man’s second and third wives. The court accepted that family life existed between the father and the children, but held that the Netherlands was not required to give full immigration recognition to polygamous marriages conflicting with its domestic legal order; the applicant had been offered the option of choosing or dissolving marriages, but maintained all three. The five children were living with their mothers in Türkiye, where they had temporary residence cards, access to education and healthcare, and no evidence of immediate danger; the father could maintain contact through visits.
Previously
Nov 2023 — The applicant obtained a permanent asylum residence permit in the Netherlands.(Law Society Gazette)
Jul 2019 — The applicant applied for family reunification in the Netherlands for his first wife and all his children.(Law Society Gazette)
Oct 2018 — The applicant entered the Netherlands and received a five-year temporary asylum residence permit.(Law Society Gazette)
Players & places
- Netherlands
- Türkiye
- Yemen
- European Court of Human Rights