Dutch immigration law: residence permits, family and hiring staff

Dutch immigration law decides who may enter, live and work in the Netherlands, and on what conditions. If you are not an EU, EEA or Swiss national, you generally need a residence permit from the Immigration and Naturalisation Service (IND) for any stay longer than 90 days, and your employer may need a work permit or a recognised sponsor status; EU citizens and their family members fall under a separate and much lighter regime.

The rules are set out mainly in the Aliens Act 2000 (Vreemdelingenwet 2000), the Aliens Decree 2000 and the policy rules of the IND. For individuals they govern residence permits, family reunification, permanent residence and naturalisation. For employers they govern work authorisation, the recognised sponsor system and the highly skilled migrant scheme.

What does Dutch immigration law cover?

Immigration law covers entry, residence, work and, in the end, permanent residence and Dutch nationality. Each purpose of stay has its own permit and its own conditions under the Aliens Act 2000.

The IND decides on applications on behalf of the Minister of Asylum and Migration. The legal basis is the Aliens Act 2000, together with the Aliens Decree, the Aliens Regulation and the Aliens Act Implementation Guidelines (Vreemdelingencirculaire). European rules play a large role, for example on family reunification, highly qualified workers, intra-corporate transferees and the free movement of EU citizens. Work authorisation is regulated separately in the Foreign Nationals Employment Act (Wet arbeid vreemdelingen, Wav), which is enforced by the Netherlands Labour Authority (Nederlandse Arbeidsinspectie).

The main categories of regular residence are work, study, family, and long-term or permanent residence. Asylum is a separate field with its own procedure. Law & More advises on regular migration only and does not handle asylum cases.

Do you need a residence permit?

If you are a national of a country outside the EU, the EEA or Switzerland and want to stay in the Netherlands for more than 90 days, you need a residence permit. Many nationals must also obtain a provisional residence permit (machtiging tot voorlopig verblijf, MVV) before travelling.

Whether you need an MVV depends on your nationality. Nationals of, among others, the United States, Canada, Australia, Japan and South Korea are exempt. In most cases the sponsor in the Netherlands, such as the employer or the partner, applies for the MVV and the residence permit at the same time in the entry and residence procedure (TEV-procedure). Every applicant must also meet general conditions, such as a valid passport, no danger to public order and, for certain nationalities, a tuberculosis test.

EU, EEA and Swiss citizens do not need a residence permit. They may live and work in the Netherlands on the basis of free movement. If they stay longer than four months, they must register with the municipality in the Personal Records Database (BRP). Their non-EU family members can apply for a residence document under the more lenient EU rules.

How does family reunification work?

A person with a residence permit or Dutch nationality can in principle bring a spouse, registered partner, unmarried partner or minor children to the Netherlands. The sponsor must meet an income requirement and both partners must usually be 21 or older.

For partners, the relationship must be exclusive and lasting. A marriage or registered partnership is proven with certificates; for an unmarried partnership you need to show that you have lived together or have a child together, or otherwise have a lasting relationship. The sponsor must have sustainable and sufficient income, which in most cases means income at the level of the statutory minimum wage that will be available for at least one more year. Partners from many countries must first pass the civic integration exam abroad (basisexamen inburgering buitenland).

Minor children can join a parent who lives lawfully in the Netherlands if they actually belong to that parent’s family. Reunification with parents or adult children is only possible in exceptional cases, usually when there is a very strong dependency, and is assessed under Article 8 of the European Convention on Human Rights (right to family life).

The rules differ depending on the sponsor. Family members of highly skilled migrants, for example, are exempt from the civic integration exam abroad and can be included in the same procedure. Family members of Dutch nationals who have lived with their family member in another EU country may be able to rely on EU law instead. Our article on family reunification in the Netherlands explains the conditions in more detail.

What obligations come with a residence permit?

A residence permit is linked to a purpose of stay, and you must keep meeting its conditions. If the purpose or your situation changes, you must report it to the IND within four weeks.

You have a duty to inform the IND of relevant changes, such as the end of an employment contract, a divorce or a move abroad. The IND can check whether you still meet the conditions and can withdraw the permit if you do not. A permit based on a relationship, for example, can be withdrawn if the relationship ends, although after a number of years, or in special situations such as domestic violence, you may be able to continue residence on other grounds.

How can employers hire international staff?

An employer who wants to hire someone from outside the EU needs either a work permit for that employee or a residence permit that allows work. For qualified staff the most common route is the highly skilled migrant scheme, which requires the employer to be a recognised sponsor.

The highly skilled migrant scheme

Under the highly skilled migrant scheme (kennismigrantenregeling) the employer does not need a work permit. The employer must be a recognised sponsor (erkend referent) with the IND, and the salary must meet the threshold for the employee’s age category and be in line with the market. There is a higher threshold for employees aged 30 or over, a lower one for employees under 30 and a reduced threshold for recent graduates. The IND adjusts the amounts every year on 1 January.

There is no education requirement for the highly skilled migrant permit. That is different for the EU Blue Card, which requires a higher education qualification but has a lower salary threshold. The IND explains the conditions and publishes the current salary thresholds.

Work permits and the single permit

If the employee does not qualify as a highly skilled migrant, the employer usually needs a work permit (tewerkstellingsvergunning, TWV) from the Employee Insurance Agency (UWV) under the Wav. For a stay longer than three months, the work permit and the residence permit are generally combined in one single permit (gecombineerde vergunning voor verblijf en arbeid, GVVA), which the employer applies for at the IND. UWV then tests the labour market: the employer must show that no suitable candidate is available in the Netherlands or elsewhere in the EU and that recruitment efforts were made. This test does not apply to highly skilled migrants.

Intra-corporate transfers

International groups can transfer managers, specialists and trainees from a branch outside the EU to a Dutch branch with an intra-corporate transferee permit (ICT permit), based on EU Directive 2014/66/EU. The employee must have worked within the group for a minimum period before the transfer, and the stay is temporary: at most three years for managers and specialists and one year for trainees.

What are an employer’s obligations?

An employer who employs foreign nationals must check their right to work, keep copies of their identity documents and, as a recognised sponsor, meet a duty of care and a duty to inform the IND. Breaches can lead to substantial fines.

Under the Wav it is prohibited to let a foreign national work without the required permit or residence document. The Netherlands Labour Authority checks this and can impose a fine per employee. A recognised sponsor must also keep records, report changes such as the end of employment to the IND within four weeks, and ensure that the salary continues to meet the threshold. If it fails to do so, the IND can impose an administrative fine or suspend or withdraw its recognition, which affects all its international staff. More about this can be found in our overview of Dutch immigration regulations.

How do you obtain permanent residence or Dutch nationality?

After five years of continuous lawful residence you can usually apply for a permanent residence permit or an EU long-term resident permit. After five years you can also apply for naturalisation as a Dutch national, subject to further conditions.

For permanent residence you must, among other things, have met the civic integration requirement and have sufficient income. Periods of temporary residence, such as study, often count only partly or not at all towards the five years. For naturalisation you must, in principle, pass the civic integration exam, have no serious criminal record and give up your current nationality, subject to exceptions, for example for spouses of Dutch nationals and nationals of countries that do not allow it.

What if the IND refuses or does not decide in time?

You can object to a refusal, usually within four weeks. If the IND does not decide in time, you can give it notice of default and then appeal against the failure to decide.

The IND generally has 90 days to decide on an application for a regular residence permit, and it can extend that period by another 90 days. Against a refusal you can lodge an objection (bezwaar) with the IND. In immigration cases the objection period is in most cases four weeks, shorter than the usual six weeks in administrative law. If the objection is rejected, you can appeal (beroep) to the district court, and then to the Council of State (Raad van State).

If the IND exceeds the decision period, you can send a notice of default (ingebrekestelling) and, after two weeks, appeal to the court against the failure to decide. Since 15 April 2025 the IND no longer has to pay a penalty payment (dwangsom) for late decisions in immigration cases, but the court can still order it to decide within a set period.

What should you check as an individual?

• Check whether your nationality requires an MVV before you travel to the Netherlands.
• Check that the purpose of stay on your permit still matches your actual situation, such as your job or relationship.
• Report changes such as a new employer, a divorce or a move abroad to the IND within four weeks.
• Apply for an extension before the expiry date on your residence card, so there is no gap in lawful residence.
• Count your years of lawful residence before you apply for permanent residence or naturalisation after five years.

What should you check as an employer?

• Check the right to work of every non-EU employee before day one and keep a copy of the identity document.
• Check the salary against the current IND threshold for highly skilled migrants, which changes on 1 January.
• Report the end of employment or a change of position to the IND within four weeks.
• Check whether a work permit from UWV is needed, including the labour market test, for staff who are not highly skilled migrants.

What can we do for you with Dutch immigration law?

Our immigration lawyers advise individuals, families and employers on regular migration.

• We assess which residence permit fits your purpose of stay and which conditions you must meet.
• We prepare and check the application for a residence permit, MVV or family reunification.
• We guide employers through the application for recognised sponsor status with the IND.
• We review your sponsor administration and reporting process against the Wav and IND obligations.
• We draft the objection (bezwaar) and file it with the IND within the four-week deadline.
• We send a notice of default and start an appeal if the IND does not decide in time.

Summary

• Non-EU nationals generally need a residence permit from the IND for a stay longer than 90 days; EU citizens do not.
• Family reunification requires sufficient income, a lasting relationship and, for many partners, a civic integration exam abroad.
• Employers can hire qualified non-EU staff as highly skilled migrants if they are recognised sponsors; otherwise a work permit and labour market test usually apply.
• Permanent residence and naturalisation become possible after five years of lawful residence, subject to integration and other conditions.
• The objection period against IND decisions is usually four weeks, so act quickly after a refusal.

Frequently asked questions