An applicant who is a child under the age of 18, see section 50, and has no spouse or cohabitant is entitled to a residence permit when both parents hold or are granted a residence permit as mentioned in section 40, first paragraph.An applicant who is a child under the age of 18 and has no spouse or cohabitant is entitled to a residence permit when one of his or her parents holds a residence permit as mentioned in section 40, first paragraph, unless the best interests of the child indicate otherwise. It is a condition that the sponsor has parental responsibility, alone or shared with the other parent. If parental responsibility is shared, the other parent must have consented, unless consent is impossible to obtain or particular grounds indicate that a residence permit should be granted in any case. If the sponsor has more than one spouse, a residence permit may only be granted to more than one child if they are full siblings.The first and second paragraphs apply correspondingly to children under the age of 18 who are adopted under foreign law, or who will be adopted under the Act of 28 February 1986 No. 8 relating to Adoption. Consent must have been given by the National Office for Children, Youth and Family Affairs before the child arrives in the realm.An applicant who is a child under the age of 21 and has no spouse or cohabitant, and who is the dependant of a foreign national who is a citizen of a state that has acceded to the European Social Charter of 18 October 1961, is entitled to stay in the realm when both parents hold a residence permit as mentioned in section 40, first paragraph.
