Do the new rules apply to your family tie case? Transition rules 2026

By Mikkel Gerdes, Kliently. Published 2 November 2026.

Short answer: the new rules from 1 October 2026 cover first-time applications, including those already awaiting a decision. For extensions, however, there is a transition period: anyone granted their current permit before 1 October 2026 can have the extension assessed under the older rules if the application is submitted no later than 1 October 2027. Which category you belong to decides everything, and it is easy to draw the wrong conclusion if you do not check carefully.


In short:

  • New rules cover first-time applications from 1 October 2026, with no transition rules.
  • Cases already awaiting a decision are also covered by the new rules.
  • Extensions: permits granted before 1 October 2026 can be assessed under older rules if the extension is applied for by 1 October 2027.
  • Check when your current permit was granted and when your application was submitted.
  • Getting your own category wrong can lead to unexpected income requirements.

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Table of contents

First-time applications: no transition rules

For those applying for a residence permit as a family member of a person with EU long-term resident status, the new rules apply from 1 October 2026. There are no transition rules for first-time applications. The new maintenance requirement and the new amounts must therefore be met regardless of when the application process began, as long as no decision was issued earlier.

Cases already awaiting a decision

Have you already submitted a first-time application and are waiting for a decision? Your case is also covered by the new rules from 1 October 2026. It may feel unfair, especially if the household finances changed since the application was submitted, but that is how the transition rules are designed. In practice, the Migration Agency may request supplementary financial documentation in cases that would otherwise have been ready.

Extensions: the transition period

For extensions, a different setup applies. Anyone granted their current permit before 1 October 2026 can have the extension assessed under the rules that applied until the end of September 2026, provided the extension application is submitted no later than 1 October 2027. After that date, the new rules also apply to extensions of such permits. Anyone planning an extension should therefore work out their timeline now.

How to check your category

  1. Look up the date in your current decision: was the permit granted before or after 1 October 2026?
  2. Check when your application was submitted and what type of case it is, first-time application or extension.
  3. Work out the latest possible date to use the transition rules.
  4. Compare your household finances with the amounts that apply to your category.

The distinction can be harder than it sounds, especially in cases with built-up ties or mixed grounds. Have a migration lawyer check the category before you decide on timing.

Frequently asked questions

I am awaiting a decision, do the new rules apply to me?

Yes, first-time applications awaiting a decision are covered by the new rules from 1 October 2026, with no transition rules.

How long does the extension transition period last?

Permits granted before 1 October 2026 can be assessed under older rules if the extension is applied for by 1 October 2027.

When should I apply for an extension?

If your permit was granted before 1 October 2026, there may be reasons to apply well before 1 October 2027 to be assessed under the older rules.

Can I appeal that new rules are applied?

The application of the rules to pending cases follows from the legislation, but a refusal can be appealed and examined under the rules that apply to your case.

What happens after 1 October 2027?

Then the new rules also apply to extensions of permits granted before 1 October 2026.

Sources

Recommendations

This is general information about rules that may change and does not constitute legal advice. For an assessment of your specific case, contact a lawyer.

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