Dutch residence permit
‘‘Do you want to submit a residence permit application for yourself, your partner, a family member or an employee?
We give you advice or prepare the entire application for you.’’
Do you, does your partner or your future employee wish to come to the Netherlands to live, study or work here or to be able to live together with a loved one? In that case a residence permit is needed. A residence permit can be granted by the Dutch Immigration and Naturalisation Service (hereafter referred to as the IND) after a complete application has been submitted. The reason for your stay is called the purpose of stay. A residence permit can have a temporary or non-temporary purpose of stay. After 5 years of uninterrupted residence in the Netherlands, it is possible to request a residence permit for an indefinite period of time. In some cases, it is also possible to obtain the Dutch nationality through naturalisation. You can read more about this under the item ‘naturalisation’.
In order to be able to apply for a residence permit several different conditions must be met. Which conditions are applicable to your specific situation depends on your purpose of stay.
Temporary purpose
With a residence permit for a temporary purpose you may live in the Netherlands for a limited period. Some residence permits for a temporary purpose cannot be extended. In that case you cannot apply for a permanent residence permit and for the Dutch nationality.
The following purposes of stay are temporary:
• Au pair
• Cross border service provider
• Exchange
• Intra Corporate Transferees (Directive 2014/66/EC)
• Orientation year for highly educated persons
• Seasonal work
• Stay with a family member, if the family member you are staying with is here for a temporary purpose of stay or the family member has a temporary asylum residence permit
• Study
• Trainee for study or employment purpose
Non-temporary purpose
With a residence permit for a non-temporary purpose you can live in the Netherlands for an unlimited period. However, you have to meet the conditions for your residence permit at all times.
The following purposes of stay are non-temporary:
• Foreign investor (wealthy foreign national)
• Highly skilled migrant
• Holder of a European Blue Card
• Non-temporary humanitarian purposes
• Paid employment as non-privileged military personnel or non-privileged civilian personnel
• Paid employment
• Permanent stay
• Scientific research based on Directive 2005/71/EG
• Stay with a family member, if the family member you are staying with is a Dutch, EU/EEA or Swiss citizen. Or, if this family member has a residence permit for a non-temporary purpose of stay
• Work on a self-employed basis
Indefinite period (permanent)
After 5 years of uninterrupted residence in the Netherlands, it is possible to request a residence permit for an indefinite period (permanent). If an applicant complies with all EU requirements, then an inscription “EG long term resident” will be put on his or her residence permit. In case of in compliance with the EU requirements, an applicant will be tested on conformity with the national grounds for application for an indefinite period residence permit. If the applicant is still not eligible under the national requirements, it will be assessed whether a present Dutch work permit can be extended.
To apply for a permanent residence permit, an applicant has to comply with the following general conditions:
• A valid passport
• A health insurance
• An absence of criminal record
• At least 5 years of legal staying in the Netherlands with the Dutch permanent purpose residence permit. Dutch permanent purpose residence permits include residence permits for work, family formation and family re-unification. Study or refugee residence permits are considered as temporary purpose residence permits. The IND looks at the 5 years immediately before you submitted the application. Only the years from the moment you turned 8 years of age count towards the application for a permanent residence permit
• The 5-year stay in the Netherlands must be uninterrupted. This means that in those 5 years you have not stayed outside the Netherlands for 6 or more consecutive months, or 3 years in a row for 4 or more consecutive months
• Sufficient financial means of the applicant: they will be assessed by the IND for 5 years. After 10 years of continuous living in the Netherlands, the IND will cease to check financial means
• You are registered in the Municipal Personal Records Database (BRP) in your place of residence (municipality). You do not have to show this. The IND checks if you meet this condition
• Moreover, a foreigner has to successfully pass a civic integration exam. This exam is aimed at the assessment of Dutch language skills and knowledge of the Dutch culture. Certain categories of foreigners are exempted from this exam (for example, EU nationals)
Depending on the situation there are certain special conditions, which may differ from general conditions. Such situations include:
• family re-unification
• family formation
• work
• study
• medical treatment
The permanent residence permit is granted for 5 years. After 5 years, it can be renewed automatically by the IND with the request of the applicant. Cases of cancelation of the indefinite time residence permit include fraud, infringement of national order or threat for national safety.
Our team would gladly help you if you want to submit an application for a residence permit for yourself, your partner, a family member or employee. We can give you advice or prepare the entire application for you. If your application has been rejected by the IND, we can help you by filing objection against the decision of the IND. We are, of course, also able to help you with other question in the field of immigration law.