What does immigration law govern?
Immigration law (vreemdelingenrecht) determines who may enter the Netherlands, reside here and work here. The basis is the Aliens Act 2000 (Vreemdelingenwet 2000), elaborated in the Aliens Decree (Vreemdelingenbesluit) and the Aliens Regulation (Voorschrift Vreemdelingen).
Anyone from outside the EU who wants to stay in the Netherlands for longer than 90 days needs a residence permit. You often first need a provisional residence permit (machtiging tot voorlopig verblijf, mvv): a visa to enter the Netherlands for a longer stay. An immigration lawyer assesses which permit and which route suit your situation.
The title of advocaat (lawyer) is protected by law. A lawyer is registered with the Netherlands Bar (Nederlandse orde van advocaten) and is bound by professional rules and confidentiality. That distinguishes an immigration lawyer from an immigration adviser or agency.
How do you bring a highly skilled migrant to the Netherlands as an employer?
An employer that is a recognised sponsor with the IND applies for the residence permit for the highly skilled migrant itself. The employee must earn at least the salary threshold for his age category.
The highly skilled migrant scheme (kennismigrantenregeling) is the most commonly used route for highly educated employees from outside the EU. A work permit from UWV (the Dutch Employee Insurance Agency) is not required. Through a recognised sponsor, the IND usually decides within a few weeks, much faster than the statutory decision period of 90 days.
There is a salary threshold for employees aged 30 and over, a lower threshold for younger employees and a reduced threshold for recent graduates. The IND adjusts the amounts every year on 1 January. The salary must also be in line with the market. An immigration lawyer checks in advance whether the contract and salary meet the requirements. You can read more on our page highly skilled migrant lawyer.
What obligations does a recognised sponsor have?
A recognised sponsor is an employer or institution that the IND has recognised as a reliable partner. That recognition brings obligations under the Aliens Act 2000.
- Duty to provide information: you report changes, such as the end of the employment or a lower salary, to the IND within 4 weeks.
- Duty to keep records: you keep the data on the employee until 5 years after the end of the sponsorship for that employee.
- Duty of care: you select the employee carefully and inform him about the rules.
If you breach these obligations, the IND can impose an administrative fine or suspend or withdraw the recognition. See also recognised sponsor lawyer and how the IND checks whether an employer remains a recognised sponsor.
When is an EU Blue Card the better choice?
The EU Blue Card (Europese blauwe kaart) is a residence permit for highly educated employees based on European rules. It is of interest if the employee later wants to move within the EU or if your business is not a recognised sponsor.
The employee needs a higher education qualification or, in certain ICT positions, comparable work experience. The employment contract must last at least 6 months. Here too, a salary threshold applies that the IND sets annually.
What must an employer arrange outside the highly skilled migrant scheme?
For other employees from outside the EU, a work permit (tewerkstellingsvergunning, TWV) from UWV or a single permit for residence and work (gecombineerde vergunning voor verblijf en arbeid, GVVA) is usually required. Working without a valid permit is in breach of the Foreign Nationals Employment Act (Wet arbeid vreemdelingen).
The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) checks this and can impose a fine per employee. An immigration lawyer helps employers choose the right route in advance. If the employee graduated recently, the orientation year for highly educated persons (zoekjaar hoogopgeleiden) can also offer a solution: a permit of up to 1 year to look for work.
How do you bring your partner or children to the Netherlands?
Through family reunification or family formation, a partner or minor child can come to live with you in the Netherlands. You then act as sponsor (referent) and must meet requirements on age, income and the relationship.
Family reunification concerns a family that already existed before you came to the Netherlands. Family formation concerns a relationship that arose later. The main requirements for partner migration are:
- You and your partner are both at least 21 years old.
- You independently have sufficient and lasting income. The threshold is linked to the statutory minimum wage.
- You are married, have a registered partnership or have a lasting and exclusive relationship.
- In many cases your partner needs an mvv and first takes the civic integration examination abroad (basisexamen inburgering buitenland).
More generous rules apply to family members of a highly skilled migrant. They do not have to take the civic integration examination abroad and may work in the Netherlands. Read more on our page family reunification lawyer and in the article on the income requirement and the exceptions.
Which residence permit do you need?
The residence permit you need depends on the purpose of your stay: work, study, family or protection. A permit for one purpose does not automatically give a right to another.
The Aliens Act 2000 distinguishes between regular residence permits and asylum permits. For a regular application, the IND has a decision period of 90 days under Article 25 of the Aliens Act 2000. That period can be extended by up to 90 days. You can find the current conditions and fees (leges) on ind.nl.
If your situation changes, for example through dismissal or a divorce, your right of residence may lapse. You then often have to apply quickly for a permit with a different purpose. A residence permit lawyer assesses which options you then have. See also the article divorcing as an expat in the Netherlands.
When do you get a permanent residence permit?
After 5 years of continuous lawful residence, you can, subject to conditions, apply for a residence permit for an indefinite period (verblijfsvergunning voor onbepaalde tijd). Among other things, you must then have passed the civic integration examination (inburgeringsexamen) and have sufficient income.
Not every period of residence counts in full; that depends on the purpose of your previous permits. Have this checked in advance by a residence permit lawyer. More information is on our page residence permit lawyer.
What about asylum?
An asylum permit is intended for people who are in danger in their country of origin. An asylum application starts with registration at the application centre in Ter Apel; the IND assesses the application against the Refugee Convention and the European Convention on Human Rights (EVRM).
Law & More does not handle asylum procedures. If you need help with an asylum application, contact a lawyer who specialises in this or the Dutch Council for Refugees (VluchtelingenWerk Nederland).
What rights do EU citizens and their family members have?
EU citizens have free movement and do not need a residence permit to live and work in the Netherlands. Family members from outside the EU can obtain a residence document based on the European Citizens' Rights Directive 2004/38/EC (Verblijfsrichtlijn).
As an EU citizen, you register with the municipality if you stay longer than 4 months. Your partner or child from outside the EU applies to the IND for an EU residence document (verblijfsdocument EU). The IND must decide on this within 6 months. After 5 years of lawful residence, you can apply for permanent residence (duurzaam verblijf).
If the IND refuses an EU residence document, an immigration lawyer can object on the basis of European law. A Dutch national who has lived with a partner from outside the EU in another member state can sometimes use the EU route (Unieroute). The requirements for income and civic integration are then different. Read also about the right of residence of EU citizens in the Netherlands.
How do you become a Dutch national?
You become a Dutch national through naturalisation or through the option procedure (optieprocedure). You apply for naturalisation at the municipality; the option procedure is open to certain groups, such as adults who were born in the Netherlands and have always lived here.
Under Article 8 of the Netherlands Nationality Act (Rijkswet op het Nederlanderschap), for naturalisation you must as a rule have lived in the Netherlands lawfully and continuously for at least 5 years. You must also have completed civic integration and in principle renounce your original nationality. There are exceptions to this renunciation requirement, for example for those married to a Dutch national.
There has been political discussion of a longer residence period for naturalisation. Check therefore which rules apply before you apply. Read more on our page naturalisation lawyer.
How does an immigration lawyer object to a decision of the IND?
Against a rejection or withdrawal by the IND, you lodge an objection (bezwaar) within 4 weeks. That period follows from Article 69 of the Aliens Act 2000 and is shorter than the usual 6 weeks in administrative law.
The period starts on the day after the decision is announced. The IND will as a rule declare a late objection inadmissible (niet-ontvankelijk). If necessary, an immigration lawyer first files a short notice of objection and supplements the grounds later.
| Step | Body | Period |
|---|---|---|
| Decision on a regular application | IND | 90 days, extendable by up to 90 days |
| Objection to the decision | IND | 4 weeks after announcement |
| Appeal against the decision on the objection | District court (immigration chamber) | 4 weeks after announcement |
| Provisional measure | Preliminary relief judge of the district court | During objection or appeal |
| Further appeal | Administrative Jurisdiction Division of the Council of State | Short; have the period checked immediately |
When do you apply for a provisional measure?
A provisional measure (voorlopige voorziening) is an urgent measure by the preliminary relief judge (voorzieningenrechter) under Article 8:81 of the General Administrative Law Act (Algemene wet bestuursrecht). An immigration lawyer applies for one if you cannot wait for the outcome of the objection or appeal.
An objection does not always prevent the decision from being enforced. The preliminary relief judge can order that you may remain in the Netherlands or continue working until a decision has been made. See also objection to an IND decision.
What do you do if the IND does not decide in time?
If the IND does not decide within the decision period, you first send a written notice of default (ingebrekestelling). If the IND still does not decide within 2 weeks after that, you can lodge an appeal with the district court.
For regular applications, a penalty payment (dwangsom) can also start to accrue after those 2 weeks under Article 4:17 of the General Administrative Law Act, for a maximum of 42 days. Different rules apply to asylum applications.
