The Netherlands
The Netherlands is a bureaucratic country and it is proud of it. Regulations and procedures for expats and their families can seem daunting at first sight. The Dutch government is working on making it easier for expats to move through the "red tape", with more changes on the way. The Dutch government has even admitted that its immigration system is “complex and unwieldy” but since 2004 the system has been increasingly streamlined with legislation designed to attract and select more educated and highly skilled migrants. Here’s what you can do to make the process easier and faster.
First of all, ensure that your documents are in order. Check your passport or your national ID card (if you are EU citizen) is valid for the period of your stay and that marriage and birth certifi cates are translated into Dutch, English, French or German and sufficiently ‘legalised’. This is generally with the addition of an apostille—an extra stamp on the original document - and you obtain this from the ‘competent authority’ in your own country.
See the apostille section of www.hcch.net.
There are two main bodies involved: the IND, which implements immigration policy and makes decisions on residence permits, and the GBA, where you register your entry into the Netherlands.
Registering with the GBA: mandatory for everyone
The gemeentelijke basisadministratie persoonsgegevens is the personal records database of the municipal authority. Anyone who intends to stay in the Netherlands for more than three months (including EU/EEA nationals) must register at the GBA within fi ve days of arrival. Registration with the GBA triggers the start of other processes and proof of registration is essential for many more. The details you give when you register (such as the size of your apartment and family) determine charges for water and refuse collection, prompts the local health department to contact you regarding checkups for your children, and eligibility to register for social housing. As of November 2007, the burgerservicenummer (BSN) (which has replaced the old fi scal SOFI-number) is initiated here and you’ll need a BSN to open a bank account.
Once you have completed this process, you can get a printout of your details (uittreksel) which proves your residence and rights, such as being able to vote in local and European elections. Documents required include a passport (valid for a minimum period of the length of your stay), rental contract (in your name), employment contract (if applicable) and birth and marriage certificates of all family members. (See above for legal format.) Registration is free. You don’t have to repeat this process every time you move house; you
can generally just visit a local offi ce (stadsdeelkantoor) to update your details (which you are legally obliged to do). You also need to de-register when you leave the Netherlands.
The GBA no longer deals with applications for residence permits. For that you must contact the IND. In Amsterdam and The Hague, there’s a central location where non-Dutch nationals register for the fi rst time. You need to make an appointment and all members of your family (regardless of age) must be present at the fi rst interview. Once you have registered, contact the IND to make an appointment regarding the residence permit (if required).
IND
The Immigratie- en Naturalisatiedienst (www.ind.nl – telephone: 0900 1234561 or +31 20 889 3045 outside the Netherlands)
The Immigratie- en Naturalisatiedienst implements immigration policy including:
- applications for residence permits,
- Dutch citizenship,
- visas and asylum requests.
The official policy line is “strict but fair” and efforts are being made to speed up the processes involved. Their website has extensive information in English, a "Residence Wizard" for entering specific circumstances and downloadable brochures and forms.
You need to make an appointment and visit an IND office personally to be interviewed or have a sticker put in your passport. If you have applied for a highly skilled migrant residence permit, this is not necessary but highly recommended. To collect a permit you need to visit an IND office in person. If you receive a letter stating the permit is ready, you can visit the offi ce without an appointment. Renewal forms are not automatically sent to you. Office locations can be found on the IND website.
What kind of residence permit?
A residence permit (verblijfsvergunning) is related to the purpose of your stay. Your country of origin, purpose for coming to the Netherlands (work, study, marriage, reunifi cation with family), income, age and period of residency are the key factors in determining what kind of residence permit you need or are eligible for. There are 29 variations (with plans to reduce that number), all individually priced. The most expensive relate to family reunification or formation, but if a family arrives in the Netherlands together there is a family tariff. Other requirements include no criminal record, proof of means of support, Dutch health insurance and no risk to public order, national peace or security. A temporary residence permit is issued initially for a fi xed period with a maximum of fi ve years, and after five years’ legal residence it is possible to apply for a permanent residence permit or consider naturalisation. The duration of the temporary residence permit varies. Most permits are issued for a year (and can then be renewed); those issued for work or the knowledge migrant scheme can be longer - up to a maximum of five years.
EU/EER and Swiss nationals
Registration is compulsory for European Union citizens. The procedure for this is IND Registration for EU citizens. You will require proof of GBA registration, full health insurance coverage and a valid passport and will also be interviewed about your purpose in the Netherlands. The registration certificate is a sticker in your passport. Nationals of Bulgaria and Romania apply for a different permit: proof of lawful residence. However, according to the IND : “There are no immediate consequences if you do not register, because under the EC-Treaty your stay will still be lawful.” If you have been resident for five years or more you are eligible for the Permanent Residence for EU Citizens certificate that costs EUR 41. This applies also to nationals of Bulgaria and Romania and non-EU/EEA/Swiss family members who have lived with you for five years.
Non-EU/EER/ Swiss
All non-EU/EEA/Swiss nationals require a residence permit and may also need an MVV (see below) to enter the Netherlands to stay for more than three months. Once registered with the GBA, you make an appointment with the IND to apply for a residence permit.
MVV (Machtiging tot Voorlopig Verblijf)
This is an authorisation for temporary stay that applies to migrants intending
to stay longer than three months (90 days) which can only be applied for while you are outside the Netherlands. An examination covering Dutch language and culture (Civic Integration Abroad) is part of the procedure for some family-based MVVs but generally not for family members of expatriates. See www.naarnederland.nl for more details of the test. MVV costs vary according to the purpose of your stay. It is a sticker (valid for six months) placed in your passport.
Who doesn't need an MVV?
When applying for a residence permit,there is no MVV requirement for nationals of Australia, Belgium, Bulgaria,Canada, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland,France, Greece, Hungary, Iceland, Republic of Ireland, Italy, Japan, Latvia,Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway,Austria, Poland, Portugal, Romania, Slovenia, Slovakia, South Korea, Spain,Sweden, Switzerland, UK, USA and Vatican City.
Independent permits
After three years in the Netherlands, a non-EU national who has a residence permit based on a relationship (a Dutch partner, for example), can apply for a permit in their own right (Residence Permit for Continued Residence)
Costs
(see IND website for full list)
Civic Integration Act
The inburgering (civic integration) legislation obliges those who seek permanent residence in the Netherlands to speak the language. Some elementary knowledge of the Dutch culture and society is also required. The main exemption is EU citizens and their partners (also Switzerland, EEA, people under 18 and over 65). Passing the exam is a requirement for those who apply for permanent residence. Knowledge migrants and those in the Netherlands for work/study purposes are exempted while on temporary permits. Visit www.hetbegintmettaal.nl for more details. For information on taking the exam abroad, you can call +31 (0)70 3487575.
Highly skilled migrants
(Kennismigranten)
This scheme is initiated by an employer authorised to admit KM applicants—there's a complete list on the IND site—and it applies to jobs with a gross salary of over EUR 50.619 or EUR 37.121 for under 30s (2011). These salary bands don't apply to teaching and academic positions which are also covered by the scheme (or to footballers who are among those explicitly excluded). A highly skilled migrant needs to get an MVV while staying abroad before applying for a residence permit in the Netherlands. With an MVV under this scheme, it is possible to start work straight away, while waiting for the residence permit to come through. (Some applicants, who don't specifically need an MVV, also get an MVV for this reason.) The sponsoring employer deals with the residence and MVV application.
Since December 2007, foreign students who have completed an HBO/WO (higher education) course can file an application with the IND to remain in the Netherlands for a year to look for a job. This is known as a "zoekjaar" and during this period they are not eligible for social benefits and must support themselves financially. During this year they do not need a separate work permit in order to work. If they find an appropriate job (minimum salary EUR 26.376 for new graduates) they can apply for residence under the highly skilled migrant scheme.
Changing permits
Most residence permits can be extended; the only exception being working holiday scheme permits and the special permit for a preparatory year for students. If you switch permits (residence based on a work permit to residence as a KM), you must apply for that permit again from the IND with supporting documentation.
Identification
All residents over the age of 14 must carry ID that shows their residence status
(for EU/EER nationals, a passport or national ID card).
For more information on bringing your partner, family or an au-pair to the Netherlands read 'Bringing the family over'.
EXPAT CENTRES
Expatcenter Amsterdam
World Trade Center Amsterdam
Strawinskylaan 39 (second floor)
1077 XW Amsterdam
+31 (0)20 254 79 99
www.iamsterdam.com/en/living/expatcenter
Expat Center Brabant
Currently serving Eindhoven and Tilburg
www.expatcenterbrabant.com
Eindhoven (visiting address)
Kennedyplein 200
5611 ZT Eindhoven
040-2386777
[email protected]
Tilburg (visiting address)
Nieuwlandstraat 34
5038 SN Tilburg
040-2386777
[email protected]
Expat Centre Leiden
Vistors Centre (Stationsweg 41, Leiden)
[email protected]
www.expatcentreleiden.nl
Expatdesk Rotterdam
World Trade Center Rotterdam
Beursplein 37
3011 AA Rotterdam
+31 (0)10 205 2829
www.rotterdam.nl/expatdesk
Expat Information Services Center
P J Oudweg 3 (WTC AA)
1314 CH Almere
+31 ()36 523 8407
www.wtcaa.nl
Holland Gateway
Schiphol-based hub for international business in the Netherlands
www.hollandgateway.nl/
International Service Desk--Maastricht Region
Visiting address:
Mosae Forum 10
6211 DW Maastricht
[email protected]
+31 (0)43 350 50 10
Nijmegen Expatdesk
Stadswinkel
Marienburg 75
6511 Nijmegen
+31 (0)24 3299000
www.nijmegen.nl/expats
The Hague Hospitality Center
City Hall (Atrium), Spui 70
2511 BT The Hague
+31 (0)70 3535043
www.denhaag.com
+31 (0)36 523 8
Bringing the family over
Recent immigration policies have significantly impacted those wishing to join a partner or bring their family - or an au-pair - to the Netherlands.
Ranked number one in the world for children's well-being according to research reported by UNICEF, the Netherlands is great for families.
Recent immigration policies have significantly impacted those wishing to bring their family to the Netherlands or join a partner. The costs are considerably higher for these migrants than for newcomers coming for work or study. They apply to migrants not eligible for a different residency permit or to those who are already covered under EC treaties. If you come to the Netherlands to form or join a family, you may need to follow an integration programme. Check with the IND for the latest news and prices.
Family members of expatriates living in or coming to the Netherlands with a residence permit for work or highly skilled migrants do not need the integration programme and pay lower prices.
EU/EEA/ Swiss nationals
You need to register at the GBA. When you plan to reside for more than three months in the Netherlands, you are required to register at the IND. You must ensure that all appropriate documentation (marriage certificates, birther certificates for you and your children ect.) is duly stamped with an apostille and that you have valid passports for all family members. No costs are involved. Bulgarian and Romanian citizens can submit an application for verification against community law at the IND. For non-EU family members of EU/EEA/Swiss nationals, this application is compulsory and costs EUR 30.
EU/EEA/Swiss nationals and their family members, do not need a work permit. This does not apply to Bulgarian and Romanian citizens, though they do not require a residence permit. For more information, please see www.ind.nl or www.szw.nl.
Non-EU/EEA /Swiss nationals
All non-EU/EEA /Swiss nationals must have their own residence permits. The family rate is EUR 830 for the first applicant and EUR 188 for each family member. Simultaneous application as a family is cheaper. The employee pays EUR 433 or 250 then EUR 188 for each family member. Partners of highly skilled migrants (of any nationality) do not need a work permit and will usually get a residence permit valid for a year; children get the same permit conditions as the highly skilled migrant.
Significant conditions
You must be able to prove you can support your family. The IND publishes a table of required income rates. If you, along with your family, come to the Netherlands as an employee, your contract will be sufficient to meet the requirements regardless of the length of employment.
Au-pairs
Bringing an au pair to the Netherlands is not straightforward. One of the key rules is that he or she cannot have worked for your family abroad previously and if your au pair overstays you will be held responsible for repatriation costs. The IND site (www.ind.nl) has a separate section for au pairs who wish to come to the Netherlands (and a complaints line for those who are here) as well as forms and guidelines for those who want to sponsorone. Below are some general facts; consult the IND site for more detail.
Au pair: Over 18 and under 26; unmarried with no dependents; maximum childcare hours: 8/ day, 30/week, two days off, ‘light’ domestic duties; appropriate health insurance, TB test, if necessary; no previous Dutch residence permit. Sponsor: Sufficient income to support familyand au pair; signature on sponsor document; daily schedule for au pair.
The Netherlands Au Pair Organisation (www.napoweb.nl/) has a useful portal. They are a member of umbrella organisation IAPA (www.iapa.org) where you can track down a reputable agency to help you through the bureaucracy.
Childcare (kinderopvang)
It is never too early to register your child fordaycare; for instance, when you are pregnant. Governmental policy (in English) can be foundon the ministry site www.ocw.nl.
Options include:
Kinderdagverblijf: Public daycare for children aged 6 weeks to 4 years. Centres are generally open from 8.00-18.00. Find a local one at www.kinderopvang.net or search at www.blueumbrella.nl. Urban areas have a shortage so expect long waiting lists.
Private daycare: In large cities there are private facilities with longer (up to 24 hour) opening hours, which are considerably more expensive, as well as international nurseries and pre-school establishments.
Pre-school/playgroups (peuterspeelzalen): Activities and play for 2- 4 year olds. This is more often a social thing rather than proper daycare but—if you can get a place—it might be sufficient if you intend to work part-time. Some employers have their own daycare arrangements or local daycare places.
After-school care: Some daycare centres provide this (for children up to 12) but it is also provided by buitenschoolseopvang (BSO) and naschoolse opvang establishments (also on www.kinderopvang.net).
Q&A
- Free movement of persons is one of the pillars of the Union and a fundamental right of EU citizens. It brings great benefits for EU citizens, for the Member States and for the European economy as a whole. About eight million EU citizens live and work in another Member State, and every year millions of citizens travel for pleasure or business within the EU.
- On 10 December 2008 the Commission issued its report on the transposition and the application of Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The report concluded that the overall transposition of the Directive was disappointing. The report lists the main problem areas with the transposition and application of the Directive. The Commission is committed to ensure that European citizens fully benefit from their free movement rights. The first step to make this happen is to provide information and guidance, both to the citizens and to the Member States. The Guidelines are part of this effort.
Member States are responsible for the application of the Directive on the ground. This is why the Commission intends to work in partnership with them to ensure that European citizens fully benefit from the Directive. A group of experts was created in September 2008. The meetings of the Group of experts have identified a number of areas where guidelines from the Commission would be necessary for the Member States to better transpose and implement the Directive.
- What do the Guidelines aim to achieve?
- This Communication aims to provide guidance to Member States on how to apply correctly Directive 2004/38. The objective is to make more effective the application of the Directive on the ground and to bring a real improvement for all EU citizens.
- With the Guidelines the Commission intends to offer information and assistance to both Member States and EU citizens on issues identified as problematic in transposition or application.
- How does the citizen benefit from the Guidelines?
The guidelines help citizens to obtain more clarity on a number of issues. The guidelines provide transparency on some notions such as sufficient resources. Moreover, by providing clarity on the notions of public policy and public security and on the proportionality assessment, citizens are in a better position to assess whether their rights are being respected.
- Are the Guidelines binding?
No. The Guidelines state the views of the Commission and are without prejudice to the case-law of the Court of Justice.
The guidelines do not contain any assessment of legislation and practices in place in the Member States.
- Do the Guidelines provide clear standard solutions that would be applicable in all cases?
No. The Guidelines clarify general principles, but many of the rules contained in the Directive require a case-by-case assessment of the situation of the individual. The Guidelines are not intended to replace this case-by-case assessment by the authorities of the Member States.
- Are the examples taken from real life?
No. The examples are there to simplify the reading of the Guidelines and do not come from individual cases that were presented to the Commission.
- Why is the Commission not simply amending the Directive?
Given the unsatisfactory state of implementation of the Directive, the Commission is of the opinion that it would be detrimental to propose amendments to the Directive at this stage. The main problems that have been identified can be solved through better implementation of the Directive.
- What do the Guidelines say?
The Guidelines are structured in three chapters:
Entry and residence of EU citizens and family members This section clarifies the notion of dependency of members of the household, the conditions for the issuing of visas and residence cards to third country family members, and the notion of sufficient resources for citizens other than workers and students. These are all areas that were identified as problematic in the Commission report of December 2008.
Restrictions of the right to move and reside freely on grounds of public policy or public security The right of free movement within the EU carries with it obligations on the part of its beneficiaries, which implies to obey the laws of their host country. This section updates the content of the 1999 Communication in the light of the recent case-law of the Court and clarifies certain questions concerning possible restrictions of the right to move and reside freely on grounds of public security or public policy.
Abuse and fraud This section concerns the measures to fight against abuse and fraud by refusing, terminating or withdrawing any right conferred by the Directive in the case of abuse of rights or fraud, such as marriages of convenience. The Directive does not prevent Member States from investigating individual cases where there is a well-founded suspicion of abuse. Member States may define a set of indicative criteria suggesting the possible intention to abuse the rights conferred by the Directive for the sole purpose of contravening national immigration laws.
- Which follow-up is envisaged to these Guidelines?
The Guidelines are part of a wider effort to ensure the effective implementation of Directive 2004/38. The Commission will continue discussing with the Member States at technical level through the experts group and is currently preparing bilateral meetings with all of the Member States to review the state of play of the transposition and application of the Directive. The Commission will make full use of the powers conferred on it by the Treaty. The Commission will also continue with its efforts to improve communication to the citizens. To this end, it is working on an updated version of the simplified guide for the citizen and the rights of citizens.
- When can a member of the household be considered "dependent"?
A family member is ‘dependent’ when material support for that family member is provided by the EU citizen or by their spouse/partner.
In order to determine whether family members are dependent, it must be assessed in the individual case whether, having regard to their financial and social conditions, they need material support to meet their essential needs in their country of origin or the country from which they came at the time when they applied to join the EU citizen.
The Directive does not lay down any requirement as to the minimum duration of the dependency or the amount of material support provided, as long as the dependency is genuine and structural in character.
Dependent family members are required to present documentary evidence that they are dependent.
- Do third country nationals who are members of the family of an EU citizen require entry visas? Do they have the right to obtain one?
Member States may require third country family members moving with or joining an EU citizen to whom the Directive applies to have an entry visa. Such family members have not only the right to enter the territory of the Member State, but also the right to obtain an entry visa. This distinguishes them from other third country nationals, who have no such right.
- For EU citizens other than workers, self-employed and student, the Directive requires the possession of sufficient resources. How is that calculated?
The first step to assess the existence of sufficient resources should be whether the EU citizen (and family members who derive their right of residence from him or her) would meet the national criteria to be granted the basic social assistance benefit.
EU citizens have sufficient resources where the level of their resources is higher than the threshold under which a minimum subsistence benefit is granted in the host Member State. Where this criterion is not applicable, the minimum social security pension should be taken into account.
- Is it possible to lay down a fixed minimum level of resources?
Member States cannot lay down a fixed amount to be regarded as "sufficient resources", either directly or indirectly, below which the right of residence can be automatically refused. The authorities of the Member States must take into account the personal situation of the individual concerned. Resources from a third person must be accepted.
National authorities can, when necessary, undertake checks as to the existence of the resources, their lawfulness, amount and availability. The resources do not have to be periodic and can be in the form of accumulated capital.
In assessing whether an individual whose resources can no longer be regarded as sufficient and who was granted the minimum subsistence benefit is or has become an unreasonable burden, the authorities of the Member States must carry out a proportionality test.
- Can Member States fight against criminality effectively and respect the rules of the Directive?
Yes. First and foremost, EU citizens who commit crimes in the host Member State are subject to the same consequences as the citizens of that Member State. Secondly, under the Directive Member States may restrict the freedom of movement of EU citizens on grounds of public policy or public security. These decisions must be made on a case-by-case basis and must respect all of the guarantees laid down in the Directive (for example: appeals against expulsion decisions must be possible).
- Under which conditions can EU citizens be expelled from the host Member State?
There are two conditions. The first is that the personal conduct of an individual represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of the society of the host Member State. Restrictive measures on general preventive grounds are not possible.
The second condition is that national authorities carry out a proportionality assessment to decide whether the person concerned can be denied entry or removed. The personal and family situation of the individual concerned must be assessed carefully with a view to establishing whether the envisaged measure is appropriate and does not go beyond what is strictly necessary to achieve the objective pursued, and whether there are less stringent measures to achieve that objective.
- Do previous criminal convictions imply automatically refusal of entry or expulsion? A previous criminal conviction can be taken into account only if they are evidence of personal conduct constituting a present threat to the requirements of public policy. The authorities must base their decision on an assessment of the future conduct of the individual concerned.
- Can anyone be expelled for persistent petty criminality?
In certain circumstances, persistent petty criminality may represent a threat to public policy, despite the fact that any single crime/offence, taken individually, would be insufficient to represent a sufficiently serious threat as defined above.
- How are long term residents protected against expulsion?
Long-term residents will have developed strong links with the host Member State. This is why the Directive lays down rules to give long-term residents increased protection against expulsion. EU citizens and their family members who are permanent residents (after five years) in the host Member State can be expelled only on serious grounds of public policy or public security. EU citizens residing for more than after ten years and children can be expelled only on imperative grounds of public security (not public policy). There must be a clear distinction between normal, ‘serious’ and ‘imperative’ grounds on which the expulsion can be taken.
- How can Member States fight against abuse?
In case that abuse is detected, the Member States may deny or withdraw, at any time, the benefits granted under the Directive.
- How to fight against the phenomenon of marriages of convenience?
Marriages of convenience are marriages contracted for the sole purpose of enjoying the right of free movement and residence under the Directive that someone would not have otherwise. Member States can investigate individual cases where there is a well-founded suspicion of abuse.
Member States may define a set of indicative criteria suggesting the possible intention to abuse the rights conferred by the Directive for the sole purpose of contravening national immigration laws.
The above criteria are triggers for investigation, without any automatic inferences from results or subsequent investigations. Member States may not rely on one sole attribute; due attention must be given to all the circumstances of the individual case.
- Can Member States carry out ex-post sample reviews of family reunifications?
Yes, Member States can carry out ex-post sample reviews. Where such reviews give rise to doubt of abuse in individual cases, the Directive allows Member States to investigate.
- What about EU citizens who claim to be covered by the EU rules on free movement?
Abuse could also occur when EU citizens, unable to be joined by their third country family members in their Member State of origin because of the application of national immigration rules preventing it, move to another Member State with the sole purpose to evade, upon returning to their home Member State, the national law that frustrated their family reunification efforts, invoking their rights under Community law. The defining characteristics of the line between genuine and abusive use of Community law should be based on the assessment of whether the exercise of Community rights in a Member State from which the EU citizens and their family members return was genuine and effective.
I hope the above information will be useful for those among you planning to move to the Netherlands or to other EU countries.
First of all, ensure that your documents are in order. Check your passport or your national ID card (if you are EU citizen) is valid for the period of your stay and that marriage and birth certifi cates are translated into Dutch, English, French or German and sufficiently ‘legalised’. This is generally with the addition of an apostille—an extra stamp on the original document - and you obtain this from the ‘competent authority’ in your own country.
See the apostille section of www.hcch.net.
There are two main bodies involved: the IND, which implements immigration policy and makes decisions on residence permits, and the GBA, where you register your entry into the Netherlands.
Registering with the GBA: mandatory for everyone
The gemeentelijke basisadministratie persoonsgegevens is the personal records database of the municipal authority. Anyone who intends to stay in the Netherlands for more than three months (including EU/EEA nationals) must register at the GBA within fi ve days of arrival. Registration with the GBA triggers the start of other processes and proof of registration is essential for many more. The details you give when you register (such as the size of your apartment and family) determine charges for water and refuse collection, prompts the local health department to contact you regarding checkups for your children, and eligibility to register for social housing. As of November 2007, the burgerservicenummer (BSN) (which has replaced the old fi scal SOFI-number) is initiated here and you’ll need a BSN to open a bank account.
Once you have completed this process, you can get a printout of your details (uittreksel) which proves your residence and rights, such as being able to vote in local and European elections. Documents required include a passport (valid for a minimum period of the length of your stay), rental contract (in your name), employment contract (if applicable) and birth and marriage certificates of all family members. (See above for legal format.) Registration is free. You don’t have to repeat this process every time you move house; you
can generally just visit a local offi ce (stadsdeelkantoor) to update your details (which you are legally obliged to do). You also need to de-register when you leave the Netherlands.
The GBA no longer deals with applications for residence permits. For that you must contact the IND. In Amsterdam and The Hague, there’s a central location where non-Dutch nationals register for the fi rst time. You need to make an appointment and all members of your family (regardless of age) must be present at the fi rst interview. Once you have registered, contact the IND to make an appointment regarding the residence permit (if required).
IND
The Immigratie- en Naturalisatiedienst (www.ind.nl – telephone: 0900 1234561 or +31 20 889 3045 outside the Netherlands)
The Immigratie- en Naturalisatiedienst implements immigration policy including:
- applications for residence permits,
- Dutch citizenship,
- visas and asylum requests.
The official policy line is “strict but fair” and efforts are being made to speed up the processes involved. Their website has extensive information in English, a "Residence Wizard" for entering specific circumstances and downloadable brochures and forms.
You need to make an appointment and visit an IND office personally to be interviewed or have a sticker put in your passport. If you have applied for a highly skilled migrant residence permit, this is not necessary but highly recommended. To collect a permit you need to visit an IND office in person. If you receive a letter stating the permit is ready, you can visit the offi ce without an appointment. Renewal forms are not automatically sent to you. Office locations can be found on the IND website.
What kind of residence permit?
A residence permit (verblijfsvergunning) is related to the purpose of your stay. Your country of origin, purpose for coming to the Netherlands (work, study, marriage, reunifi cation with family), income, age and period of residency are the key factors in determining what kind of residence permit you need or are eligible for. There are 29 variations (with plans to reduce that number), all individually priced. The most expensive relate to family reunification or formation, but if a family arrives in the Netherlands together there is a family tariff. Other requirements include no criminal record, proof of means of support, Dutch health insurance and no risk to public order, national peace or security. A temporary residence permit is issued initially for a fi xed period with a maximum of fi ve years, and after five years’ legal residence it is possible to apply for a permanent residence permit or consider naturalisation. The duration of the temporary residence permit varies. Most permits are issued for a year (and can then be renewed); those issued for work or the knowledge migrant scheme can be longer - up to a maximum of five years.
EU/EER and Swiss nationals
Registration is compulsory for European Union citizens. The procedure for this is IND Registration for EU citizens. You will require proof of GBA registration, full health insurance coverage and a valid passport and will also be interviewed about your purpose in the Netherlands. The registration certificate is a sticker in your passport. Nationals of Bulgaria and Romania apply for a different permit: proof of lawful residence. However, according to the IND : “There are no immediate consequences if you do not register, because under the EC-Treaty your stay will still be lawful.” If you have been resident for five years or more you are eligible for the Permanent Residence for EU Citizens certificate that costs EUR 41. This applies also to nationals of Bulgaria and Romania and non-EU/EEA/Swiss family members who have lived with you for five years.
Non-EU/EER/ Swiss
All non-EU/EEA/Swiss nationals require a residence permit and may also need an MVV (see below) to enter the Netherlands to stay for more than three months. Once registered with the GBA, you make an appointment with the IND to apply for a residence permit.
MVV (Machtiging tot Voorlopig Verblijf)
This is an authorisation for temporary stay that applies to migrants intending
to stay longer than three months (90 days) which can only be applied for while you are outside the Netherlands. An examination covering Dutch language and culture (Civic Integration Abroad) is part of the procedure for some family-based MVVs but generally not for family members of expatriates. See www.naarnederland.nl for more details of the test. MVV costs vary according to the purpose of your stay. It is a sticker (valid for six months) placed in your passport.
Who doesn't need an MVV?
When applying for a residence permit,there is no MVV requirement for nationals of Australia, Belgium, Bulgaria,Canada, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland,France, Greece, Hungary, Iceland, Republic of Ireland, Italy, Japan, Latvia,Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway,Austria, Poland, Portugal, Romania, Slovenia, Slovakia, South Korea, Spain,Sweden, Switzerland, UK, USA and Vatican City.
Independent permits
After three years in the Netherlands, a non-EU national who has a residence permit based on a relationship (a Dutch partner, for example), can apply for a permit in their own right (Residence Permit for Continued Residence)
Costs
(see IND website for full list)
Civic Integration Act
The inburgering (civic integration) legislation obliges those who seek permanent residence in the Netherlands to speak the language. Some elementary knowledge of the Dutch culture and society is also required. The main exemption is EU citizens and their partners (also Switzerland, EEA, people under 18 and over 65). Passing the exam is a requirement for those who apply for permanent residence. Knowledge migrants and those in the Netherlands for work/study purposes are exempted while on temporary permits. Visit www.hetbegintmettaal.nl for more details. For information on taking the exam abroad, you can call +31 (0)70 3487575.
Highly skilled migrants
(Kennismigranten)
This scheme is initiated by an employer authorised to admit KM applicants—there's a complete list on the IND site—and it applies to jobs with a gross salary of over EUR 50.619 or EUR 37.121 for under 30s (2011). These salary bands don't apply to teaching and academic positions which are also covered by the scheme (or to footballers who are among those explicitly excluded). A highly skilled migrant needs to get an MVV while staying abroad before applying for a residence permit in the Netherlands. With an MVV under this scheme, it is possible to start work straight away, while waiting for the residence permit to come through. (Some applicants, who don't specifically need an MVV, also get an MVV for this reason.) The sponsoring employer deals with the residence and MVV application.
Since December 2007, foreign students who have completed an HBO/WO (higher education) course can file an application with the IND to remain in the Netherlands for a year to look for a job. This is known as a "zoekjaar" and during this period they are not eligible for social benefits and must support themselves financially. During this year they do not need a separate work permit in order to work. If they find an appropriate job (minimum salary EUR 26.376 for new graduates) they can apply for residence under the highly skilled migrant scheme.
Changing permits
Most residence permits can be extended; the only exception being working holiday scheme permits and the special permit for a preparatory year for students. If you switch permits (residence based on a work permit to residence as a KM), you must apply for that permit again from the IND with supporting documentation.
Identification
All residents over the age of 14 must carry ID that shows their residence status
(for EU/EER nationals, a passport or national ID card).
For more information on bringing your partner, family or an au-pair to the Netherlands read 'Bringing the family over'.
EXPAT CENTRES
Expatcenter Amsterdam
World Trade Center Amsterdam
Strawinskylaan 39 (second floor)
1077 XW Amsterdam
+31 (0)20 254 79 99
www.iamsterdam.com/en/living/expatcenter
Expat Center Brabant
Currently serving Eindhoven and Tilburg
www.expatcenterbrabant.com
Eindhoven (visiting address)
Kennedyplein 200
5611 ZT Eindhoven
040-2386777
[email protected]
Tilburg (visiting address)
Nieuwlandstraat 34
5038 SN Tilburg
040-2386777
[email protected]
Expat Centre Leiden
Vistors Centre (Stationsweg 41, Leiden)
[email protected]
www.expatcentreleiden.nl
Expatdesk Rotterdam
World Trade Center Rotterdam
Beursplein 37
3011 AA Rotterdam
+31 (0)10 205 2829
www.rotterdam.nl/expatdesk
Expat Information Services Center
P J Oudweg 3 (WTC AA)
1314 CH Almere
+31 ()36 523 8407
www.wtcaa.nl
Holland Gateway
Schiphol-based hub for international business in the Netherlands
www.hollandgateway.nl/
International Service Desk--Maastricht Region
Visiting address:
Mosae Forum 10
6211 DW Maastricht
[email protected]
+31 (0)43 350 50 10
Nijmegen Expatdesk
Stadswinkel
Marienburg 75
6511 Nijmegen
+31 (0)24 3299000
www.nijmegen.nl/expats
The Hague Hospitality Center
City Hall (Atrium), Spui 70
2511 BT The Hague
+31 (0)70 3535043
www.denhaag.com
+31 (0)36 523 8
Bringing the family over
Recent immigration policies have significantly impacted those wishing to join a partner or bring their family - or an au-pair - to the Netherlands.
Ranked number one in the world for children's well-being according to research reported by UNICEF, the Netherlands is great for families.
Recent immigration policies have significantly impacted those wishing to bring their family to the Netherlands or join a partner. The costs are considerably higher for these migrants than for newcomers coming for work or study. They apply to migrants not eligible for a different residency permit or to those who are already covered under EC treaties. If you come to the Netherlands to form or join a family, you may need to follow an integration programme. Check with the IND for the latest news and prices.
Family members of expatriates living in or coming to the Netherlands with a residence permit for work or highly skilled migrants do not need the integration programme and pay lower prices.
EU/EEA/ Swiss nationals
You need to register at the GBA. When you plan to reside for more than three months in the Netherlands, you are required to register at the IND. You must ensure that all appropriate documentation (marriage certificates, birther certificates for you and your children ect.) is duly stamped with an apostille and that you have valid passports for all family members. No costs are involved. Bulgarian and Romanian citizens can submit an application for verification against community law at the IND. For non-EU family members of EU/EEA/Swiss nationals, this application is compulsory and costs EUR 30.
EU/EEA/Swiss nationals and their family members, do not need a work permit. This does not apply to Bulgarian and Romanian citizens, though they do not require a residence permit. For more information, please see www.ind.nl or www.szw.nl.
Non-EU/EEA /Swiss nationals
All non-EU/EEA /Swiss nationals must have their own residence permits. The family rate is EUR 830 for the first applicant and EUR 188 for each family member. Simultaneous application as a family is cheaper. The employee pays EUR 433 or 250 then EUR 188 for each family member. Partners of highly skilled migrants (of any nationality) do not need a work permit and will usually get a residence permit valid for a year; children get the same permit conditions as the highly skilled migrant.
Significant conditions
You must be able to prove you can support your family. The IND publishes a table of required income rates. If you, along with your family, come to the Netherlands as an employee, your contract will be sufficient to meet the requirements regardless of the length of employment.
Au-pairs
Bringing an au pair to the Netherlands is not straightforward. One of the key rules is that he or she cannot have worked for your family abroad previously and if your au pair overstays you will be held responsible for repatriation costs. The IND site (www.ind.nl) has a separate section for au pairs who wish to come to the Netherlands (and a complaints line for those who are here) as well as forms and guidelines for those who want to sponsorone. Below are some general facts; consult the IND site for more detail.
Au pair: Over 18 and under 26; unmarried with no dependents; maximum childcare hours: 8/ day, 30/week, two days off, ‘light’ domestic duties; appropriate health insurance, TB test, if necessary; no previous Dutch residence permit. Sponsor: Sufficient income to support familyand au pair; signature on sponsor document; daily schedule for au pair.
The Netherlands Au Pair Organisation (www.napoweb.nl/) has a useful portal. They are a member of umbrella organisation IAPA (www.iapa.org) where you can track down a reputable agency to help you through the bureaucracy.
Childcare (kinderopvang)
It is never too early to register your child fordaycare; for instance, when you are pregnant. Governmental policy (in English) can be foundon the ministry site www.ocw.nl.
Options include:
Kinderdagverblijf: Public daycare for children aged 6 weeks to 4 years. Centres are generally open from 8.00-18.00. Find a local one at www.kinderopvang.net or search at www.blueumbrella.nl. Urban areas have a shortage so expect long waiting lists.
Private daycare: In large cities there are private facilities with longer (up to 24 hour) opening hours, which are considerably more expensive, as well as international nurseries and pre-school establishments.
Pre-school/playgroups (peuterspeelzalen): Activities and play for 2- 4 year olds. This is more often a social thing rather than proper daycare but—if you can get a place—it might be sufficient if you intend to work part-time. Some employers have their own daycare arrangements or local daycare places.
After-school care: Some daycare centres provide this (for children up to 12) but it is also provided by buitenschoolseopvang (BSO) and naschoolse opvang establishments (also on www.kinderopvang.net).
Q&A
- Free movement of persons is one of the pillars of the Union and a fundamental right of EU citizens. It brings great benefits for EU citizens, for the Member States and for the European economy as a whole. About eight million EU citizens live and work in another Member State, and every year millions of citizens travel for pleasure or business within the EU.
- On 10 December 2008 the Commission issued its report on the transposition and the application of Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The report concluded that the overall transposition of the Directive was disappointing. The report lists the main problem areas with the transposition and application of the Directive. The Commission is committed to ensure that European citizens fully benefit from their free movement rights. The first step to make this happen is to provide information and guidance, both to the citizens and to the Member States. The Guidelines are part of this effort.
Member States are responsible for the application of the Directive on the ground. This is why the Commission intends to work in partnership with them to ensure that European citizens fully benefit from the Directive. A group of experts was created in September 2008. The meetings of the Group of experts have identified a number of areas where guidelines from the Commission would be necessary for the Member States to better transpose and implement the Directive.
- What do the Guidelines aim to achieve?
- This Communication aims to provide guidance to Member States on how to apply correctly Directive 2004/38. The objective is to make more effective the application of the Directive on the ground and to bring a real improvement for all EU citizens.
- With the Guidelines the Commission intends to offer information and assistance to both Member States and EU citizens on issues identified as problematic in transposition or application.
- How does the citizen benefit from the Guidelines?
The guidelines help citizens to obtain more clarity on a number of issues. The guidelines provide transparency on some notions such as sufficient resources. Moreover, by providing clarity on the notions of public policy and public security and on the proportionality assessment, citizens are in a better position to assess whether their rights are being respected.
- Are the Guidelines binding?
No. The Guidelines state the views of the Commission and are without prejudice to the case-law of the Court of Justice.
The guidelines do not contain any assessment of legislation and practices in place in the Member States.
- Do the Guidelines provide clear standard solutions that would be applicable in all cases?
No. The Guidelines clarify general principles, but many of the rules contained in the Directive require a case-by-case assessment of the situation of the individual. The Guidelines are not intended to replace this case-by-case assessment by the authorities of the Member States.
- Are the examples taken from real life?
No. The examples are there to simplify the reading of the Guidelines and do not come from individual cases that were presented to the Commission.
- Why is the Commission not simply amending the Directive?
Given the unsatisfactory state of implementation of the Directive, the Commission is of the opinion that it would be detrimental to propose amendments to the Directive at this stage. The main problems that have been identified can be solved through better implementation of the Directive.
- What do the Guidelines say?
The Guidelines are structured in three chapters:
Entry and residence of EU citizens and family members This section clarifies the notion of dependency of members of the household, the conditions for the issuing of visas and residence cards to third country family members, and the notion of sufficient resources for citizens other than workers and students. These are all areas that were identified as problematic in the Commission report of December 2008.
Restrictions of the right to move and reside freely on grounds of public policy or public security The right of free movement within the EU carries with it obligations on the part of its beneficiaries, which implies to obey the laws of their host country. This section updates the content of the 1999 Communication in the light of the recent case-law of the Court and clarifies certain questions concerning possible restrictions of the right to move and reside freely on grounds of public security or public policy.
Abuse and fraud This section concerns the measures to fight against abuse and fraud by refusing, terminating or withdrawing any right conferred by the Directive in the case of abuse of rights or fraud, such as marriages of convenience. The Directive does not prevent Member States from investigating individual cases where there is a well-founded suspicion of abuse. Member States may define a set of indicative criteria suggesting the possible intention to abuse the rights conferred by the Directive for the sole purpose of contravening national immigration laws.
- Which follow-up is envisaged to these Guidelines?
The Guidelines are part of a wider effort to ensure the effective implementation of Directive 2004/38. The Commission will continue discussing with the Member States at technical level through the experts group and is currently preparing bilateral meetings with all of the Member States to review the state of play of the transposition and application of the Directive. The Commission will make full use of the powers conferred on it by the Treaty. The Commission will also continue with its efforts to improve communication to the citizens. To this end, it is working on an updated version of the simplified guide for the citizen and the rights of citizens.
- When can a member of the household be considered "dependent"?
A family member is ‘dependent’ when material support for that family member is provided by the EU citizen or by their spouse/partner.
In order to determine whether family members are dependent, it must be assessed in the individual case whether, having regard to their financial and social conditions, they need material support to meet their essential needs in their country of origin or the country from which they came at the time when they applied to join the EU citizen.
The Directive does not lay down any requirement as to the minimum duration of the dependency or the amount of material support provided, as long as the dependency is genuine and structural in character.
Dependent family members are required to present documentary evidence that they are dependent.
- Do third country nationals who are members of the family of an EU citizen require entry visas? Do they have the right to obtain one?
Member States may require third country family members moving with or joining an EU citizen to whom the Directive applies to have an entry visa. Such family members have not only the right to enter the territory of the Member State, but also the right to obtain an entry visa. This distinguishes them from other third country nationals, who have no such right.
- For EU citizens other than workers, self-employed and student, the Directive requires the possession of sufficient resources. How is that calculated?
The first step to assess the existence of sufficient resources should be whether the EU citizen (and family members who derive their right of residence from him or her) would meet the national criteria to be granted the basic social assistance benefit.
EU citizens have sufficient resources where the level of their resources is higher than the threshold under which a minimum subsistence benefit is granted in the host Member State. Where this criterion is not applicable, the minimum social security pension should be taken into account.
- Is it possible to lay down a fixed minimum level of resources?
Member States cannot lay down a fixed amount to be regarded as "sufficient resources", either directly or indirectly, below which the right of residence can be automatically refused. The authorities of the Member States must take into account the personal situation of the individual concerned. Resources from a third person must be accepted.
National authorities can, when necessary, undertake checks as to the existence of the resources, their lawfulness, amount and availability. The resources do not have to be periodic and can be in the form of accumulated capital.
In assessing whether an individual whose resources can no longer be regarded as sufficient and who was granted the minimum subsistence benefit is or has become an unreasonable burden, the authorities of the Member States must carry out a proportionality test.
- Can Member States fight against criminality effectively and respect the rules of the Directive?
Yes. First and foremost, EU citizens who commit crimes in the host Member State are subject to the same consequences as the citizens of that Member State. Secondly, under the Directive Member States may restrict the freedom of movement of EU citizens on grounds of public policy or public security. These decisions must be made on a case-by-case basis and must respect all of the guarantees laid down in the Directive (for example: appeals against expulsion decisions must be possible).
- Under which conditions can EU citizens be expelled from the host Member State?
There are two conditions. The first is that the personal conduct of an individual represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of the society of the host Member State. Restrictive measures on general preventive grounds are not possible.
The second condition is that national authorities carry out a proportionality assessment to decide whether the person concerned can be denied entry or removed. The personal and family situation of the individual concerned must be assessed carefully with a view to establishing whether the envisaged measure is appropriate and does not go beyond what is strictly necessary to achieve the objective pursued, and whether there are less stringent measures to achieve that objective.
- Do previous criminal convictions imply automatically refusal of entry or expulsion? A previous criminal conviction can be taken into account only if they are evidence of personal conduct constituting a present threat to the requirements of public policy. The authorities must base their decision on an assessment of the future conduct of the individual concerned.
- Can anyone be expelled for persistent petty criminality?
In certain circumstances, persistent petty criminality may represent a threat to public policy, despite the fact that any single crime/offence, taken individually, would be insufficient to represent a sufficiently serious threat as defined above.
- How are long term residents protected against expulsion?
Long-term residents will have developed strong links with the host Member State. This is why the Directive lays down rules to give long-term residents increased protection against expulsion. EU citizens and their family members who are permanent residents (after five years) in the host Member State can be expelled only on serious grounds of public policy or public security. EU citizens residing for more than after ten years and children can be expelled only on imperative grounds of public security (not public policy). There must be a clear distinction between normal, ‘serious’ and ‘imperative’ grounds on which the expulsion can be taken.
- How can Member States fight against abuse?
In case that abuse is detected, the Member States may deny or withdraw, at any time, the benefits granted under the Directive.
- How to fight against the phenomenon of marriages of convenience?
Marriages of convenience are marriages contracted for the sole purpose of enjoying the right of free movement and residence under the Directive that someone would not have otherwise. Member States can investigate individual cases where there is a well-founded suspicion of abuse.
Member States may define a set of indicative criteria suggesting the possible intention to abuse the rights conferred by the Directive for the sole purpose of contravening national immigration laws.
The above criteria are triggers for investigation, without any automatic inferences from results or subsequent investigations. Member States may not rely on one sole attribute; due attention must be given to all the circumstances of the individual case.
- Can Member States carry out ex-post sample reviews of family reunifications?
Yes, Member States can carry out ex-post sample reviews. Where such reviews give rise to doubt of abuse in individual cases, the Directive allows Member States to investigate.
- What about EU citizens who claim to be covered by the EU rules on free movement?
Abuse could also occur when EU citizens, unable to be joined by their third country family members in their Member State of origin because of the application of national immigration rules preventing it, move to another Member State with the sole purpose to evade, upon returning to their home Member State, the national law that frustrated their family reunification efforts, invoking their rights under Community law. The defining characteristics of the line between genuine and abusive use of Community law should be based on the assessment of whether the exercise of Community rights in a Member State from which the EU citizens and their family members return was genuine and effective.
I hope the above information will be useful for those among you planning to move to the Netherlands or to other EU countries.
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