Under the Dutch-American Friendship Treaty (DAFT) of 1956, American citizens can obtain a residence permit to run their own business in the Netherlands. Unlike other self-employed applicants, they do not have to pass the points-based test on the economic value of their business. The key requirement is an investment of at least €4,500 in the business, which must remain in the business.
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Who can apply?
You qualify if you meet all four conditions the Immigration and Naturalisation Service (Immigratie- en Naturalisatiedienst, IND) applies:
- You hold United States citizenship.
- You start or take over a business in the Netherlands and register it with the Netherlands Chamber of Commerce (Kamer van Koophandel, KVK).
- You invest at least €4,500 in the business, held in a Dutch business bank account.
- You will be self-employed in the business yourself. The DAFT does not cover employment with a Dutch employer.
The business can be a sole proprietorship (eenmanszaak), a partnership or a private limited company (besloten vennootschap, bv). If you use a bv, you must hold a substantial share in it and be actively involved in running it.
How does the application work?
- Set up the business and register it with the KVK.
- Open a Dutch business bank account and deposit the €4,500.
- Apply to the IND, with proof of the registration and the deposit.
- After approval, register with your municipality and take out Dutch health insurance.
The IND has a statutory decision period of 90 days, which it can extend. The first permit is valid for two years and can then be renewed for five years. The current fees are listed on the IND website.
How do you renew the permit?
At renewal after two years, the IND checks whether the business is still active and whether the investment has remained in it. Keep your bookkeeping, invoices and tax returns to the Belastingdienst in order; a business that exists only on paper is the most common reason for problems at renewal.
Can your family join you?
Your spouse or registered partner and your minor children can apply to the IND for a residence permit to live with you. Family members of a DAFT permit holder may work freely in the Netherlands, as an employee or as self-employed.
What happens after five years?
After five years of continuous lawful residence, you may qualify for permanent residence or for Dutch nationality through naturalisation. The DAFT itself does not give a faster route, and the usual requirements apply, including the civic integration exam (inburgeringsexamen). Read more in our article on naturalisation in the Netherlands. Other routes for entrepreneurs are explained in our article on becoming self-employed in the Netherlands.
What can we do for you with a DAFT permit?
Our immigration lawyers advise on the application, the structure of your business and the renewal, in English.
- We check whether your business plan and legal form meet the DAFT conditions.
- We prepare the IND application with the KVK registration and proof of the €4,500 deposit.
- We review your file before renewal after two years.
- We apply for residence permits for your partner and children.
Summary
- The DAFT lets US citizens live in the Netherlands to run their own business.
- There is no points-based test; the key requirement is an investment of at least €4,500.
- The first permit lasts two years and can be renewed for five years.
- Family members may join you and may work freely.
- The permit does not allow employment with a Dutch employer.
Frequently asked questions
Can I work for a Dutch company under the DAFT?
No. The DAFT permit is for running your own business. Working as an employee requires a different permit, such as a highly skilled migrant permit.
Can I take clients outside the Netherlands?
Yes. Your business must be based in the Netherlands and registered with the KVK, but your clients can be anywhere.
Do I need a lawyer to apply?
No, you can apply to the IND yourself. A lawyer can help you choose the right legal form, prepare the application and avoid problems at renewal.
