A self-employed entrepreneur from outside the EU who wants to work in the Netherlands needs a residence permit for self-employment. The ordinary route is demanding: your business must serve an essential Dutch interest, judged on a points system covering your personal experience, your business plan and the added value for the Dutch economy.
Two groups skip that assessment. Nationals of EU and EEA member states and of Switzerland need no permit at all. And nationals of a small number of countries with which the Netherlands has a treaty – including the United States and Japan – can rely on that treaty: the points test does not apply, and a capital investment of around €4,500 in the business is enough. Working out which regime applies to you first saves you the whole points exercise.
Who can work in the Netherlands without a permit?
If you are an entrepreneur from an EU or EEA country, or from Switzerland, you have free access to the Dutch labour market. You can start working in the Netherlands without a visa, residence permit or work permit. All you need is a valid passport or ID card.
What do you need to arrange first?
If you hold a non-EU nationality, there are a few things to arrange before you start. A duty to report applies to foreign self-employed entrepreneurs: before you begin working in the Netherlands, you must register your work at the reporting desk of the Ministry of Social Affairs and Employment.
You also need a residence permit before you can start working. Which permit fits your situation, and the conditions you must meet, depend on why you are coming to the Netherlands.
Which residence permit fits your situation?
You want to start a start-up. To set up an innovative company in the Netherlands under the start-up scheme, you must meet the following conditions:
- You work with a reliable, experienced facilitator recognised by the Netherlands Enterprise Agency (RVO), who has no controlling stake in your company and is not a close family member.
- Your product or service is innovative – new to the Netherlands, or built on new technology or a new way of organising the business.
- You have a step-by-step plan that sets out how you will grow from idea to company.
- You and your facilitator are both registered in the Trade Register of the Chamber of Commerce (KvK).
- You have enough financial means to live in the Netherlands, shown through your own bank account or through the facilitator’s funding.
If you meet these conditions, you get one year in the Netherlands to develop your product or service. The start-up residence permit is granted for one year only; afterwards, you can move on to the self-employed permit if your facilitator confirms at least three months of successful mentoring and you meet the usual conditions.
You recently graduated and want to start your own company. In that case, the “orientation year for highly educated persons” residence permit fits better. Its main condition is that you graduated, obtained a PhD, or conducted scientific research – in the Netherlands, or at a designated foreign institution – within the past three years. You must also not have already held an orientation-year permit for the same study programme or research project. This permit is valid for one year and cannot be extended.
You want to work as a self-employed person in the Netherlands on a lasting basis. For this, you need the “self-employed person” residence permit. To qualify for it, the work you will carry out must have an essential importance for the Dutch economy, and your products or services must be innovative in the Netherlands. The Immigration and Naturalisation Service (IND) generally assesses that essential interest through a points system covering the following components:
- Personal experience
- Business plan
- Added value for the Netherlands
You need at least 30 points in each of the three components. Alternatively, the IND accepts an application if you score at least 45 points on both personal experience and business plan. Points are awarded per component; the underlying scoring rules are set out in the relevant IND policy rules.
You earn points under personal experience if you can show a diploma at MBO-4 level or higher, at least one year of experience as an entrepreneur, and relevant work experience. You must also show some existing connection with the Netherlands and declare your previous income. You substantiate all of this with official documents, such as diplomas, references from previous employers and earlier employment contracts. A connection with the Netherlands can follow from trading partners or clients based here.
Your business plan needs to be well substantiated, or your application risks rejection. It must show clearly that your work will have an essential importance for the Dutch economy, and it must describe the product or service, the market, what sets you apart, and your pricing.
Your business plan must also show that you expect to earn a sufficient income as a self-employed entrepreneur, backed by sound financial figures. You substantiate this with documents such as contracts or references from clients.
The added value for the Netherlands can follow from investments you have made, such as buying commercial property, or from showing that your product or service is genuinely innovative.
If you hold Turkish nationality, the points system does not apply to you: under the Turkey Association Agreement (standstill clause), the IND must assess your application under the more favourable rules that applied before the points system was introduced.
As a self-employed person, you also need to meet two general conditions for a residence permit: registration in the Trade Register of the Chamber of Commerce (KvK), and compliance with the requirements for running your business or profession, including holding any permits your work requires.
Do you need an entry visa (MVV) as well?
Before you can apply for a residence permit, you usually first need a provisional residence permit (MVV), a sticker valid for 90 days that lets you enter the Netherlands. Whether you need one depends on your nationality; several nationalities and situations are exempt.
The IND website lists all MVV exemptions. If you do need an MVV, you must show a purpose of residence – in your case, work – and meet the general conditions that apply to every applicant, whatever the purpose of their stay.
You apply for an MVV together with your residence permit, through a single application for entry and residence (TEV). You submit it at the Dutch embassy or consulate in the country where you live, or in a neighbouring country.
Once you submit the application, the IND first checks that it is complete and that the fees are paid, then assesses whether you meet all the conditions for the MVV and residence permit. It aims to decide within 90 days. You can object to a refusal, and appeal to the court if the objection does not succeed.
Summarised
- EU, EEA and Swiss nationals can work in the Netherlands as self-employed entrepreneurs without any permit.
- Nationals of the US, Japan and a few other treaty countries can rely on that treaty and skip the points system.
- Everyone else generally needs the self-employed residence permit, which is assessed on personal experience, business plan and added value for the Netherlands.
- Turkish nationals are exempt from the points system under the Turkey Association Agreement.
- Most applicants also need an MVV entry visa, applied for together with the residence permit through a TEV procedure.
What if my application is refused?
You can object to the IND’s decision, and if the objection is rejected, appeal to the court.
Starting as a self-employed entrepreneur in the Netherlands is not just a practical step, but a legal one too, so it is worth checking your position before you apply. Our Law & More lawyers work in immigration law and are glad to advise you on your application or your MVV.
If your application is refused, Law & More can also help you prepare an objection.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
