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You want to hire a specialist from outside the EU, bring your partner to the Netherlands or become a Dutch citizen. Or the Immigration and Naturalisation Service (IND) has refused your application and the four-week objection period is already running. As an immigration lawyer in the Netherlands, we advise employers, expats and families on residence permits and challenge IND decisions in court.

When do you need an immigration lawyer in the Netherlands?

You need an immigration lawyer when a residence right is at stake and a mistake would cost time, money or your stay. Dutch immigration law has strict conditions and short statutory periods, and the IND rarely corrects errors on its own initiative.

Clients usually contact us in one of these situations:

  • you are an employer and want to hire a highly skilled migrant or an EU Blue Card holder;
  • your company wants to become a recognised sponsor, or the IND is auditing your compliance;
  • you want your spouse, partner or children to join you through family reunification;
  • you are an entrepreneur or startup founder and need a residence permit to run your business;
  • you are an EU citizen, or a family member of one, and want your residence documented;
  • you have lived here for five years and want permanent residence or Dutch citizenship;
  • the IND has refused, withdrawn or failed to decide on your application.

Only a lawyer (advocaat) registered with the Netherlands Bar may use that protected title. A Dutch immigration lawyer is bound by confidentiality and disciplinary rules. We can conduct your case up to the Council of State.

Which residence permit do you need?

The residence permit you need depends on the purpose of your stay: work, study, family, business or protection. Each purpose has its own conditions, and a permit for one purpose does not automatically allow another.

The legal basis is the Aliens Act 2000 (Vreemdelingenwet 2000), which you can read on wetten.overheid.nl. Nationals of countries outside the EU, the EEA and Switzerland need a residence permit for a stay of more than 90 days. Under Article 25 of the Aliens Act 2000, the IND must decide on a regular application within 90 days. That period can be extended by up to 90 days in specific cases.

If your situation changes, for example through dismissal or divorce, your residence right may lapse. As immigration lawyer in the Netherlands, we then check quickly which permit with a different purpose fits.

What is a provisional residence permit (MVV)?

A provisional residence permit (machtiging tot voorlopig verblijf, MVV) is an entry visa for a stay of more than 90 days. Many non-EU nationals must obtain it at a Dutch embassy or consulate before travelling to the Netherlands.

Usually the sponsor in the Netherlands, such as an employer or partner, starts the entry and residence procedure. Nationals of, among others, the United States, Canada, Australia, Japan, New Zealand and South Korea are exempt from the MVV requirement. They still need a residence permit after arrival. Applying for the wrong visa type can lead to refusal, so check the route before anyone books a flight.

How do employers bring in highly skilled migrants?

An employer that is a recognised sponsor with the IND applies for the highly skilled migrant permit itself. The employee must earn at least the statutory salary criterion for his or her age group.

The highly skilled migrant scheme (kennismigrantenregeling) is the most common route for qualified employees from outside the EU. The employer does not need a work permit from UWV. Through a recognised sponsor, the IND usually decides within a few weeks, well within the statutory 90 days.

There are separate salary criteria for employees aged 30 and over, for employees under 30 and a reduced criterion for recent graduates. The IND adjusts these amounts every year on 1 January, so always check the current figures on ind.nl. The salary must also be in line with the market.

What duties does a recognised sponsor have?

A recognised sponsor (erkend referent) must inform the IND, keep records and select migrants with care. Changes such as the end of employment or a lower salary must be reported within four weeks.

If a sponsor breaches these duties, the IND can impose an administrative fine or suspend or withdraw the recognition. Acting as immigration lawyer in the Netherlands for sponsors, we review your administration before an IND audit.

When is the EU Blue Card the better choice?

The EU Blue Card is a residence permit for highly qualified employees based on European rules. It can suit employees who may later move within the EU, or employers that are not recognised sponsors.

The employee needs higher education or, for certain ICT roles, comparable professional experience. The employment contract must last at least six months. A separate salary criterion applies, which the IND also sets every year.

What else must an employer arrange?

Outside the exempt schemes, the employer usually needs a work permit (TWV) from UWV or a combined permit (GVVA). Employing someone without it breaches the Foreign Nationals Employment Act (Wet arbeid vreemdelingen).

The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) checks compliance and can impose a fine per employee. We help employers choose the right route in advance.

How can your partner and children join you?

Through family reunification or family formation, a partner or minor child can come to live with you in the Netherlands. You act as the sponsor and must meet requirements on age, income and the relationship.

The main requirements for partner permits are:

  • you and your partner are both at least 21 years old;
  • you have sufficient and lasting independent income, linked to the statutory minimum wage;
  • you are married, in a registered partnership or in a long-term exclusive relationship;
  • your partner often needs an MVV and must pass the civic integration examination abroad.

More generous rules apply to family members of highly skilled migrants. They do not have to take the civic integration examination abroad and may work in the Netherlands. The income requirement has limited exceptions, for example if you are permanently and fully unable to work.

Which routes exist for entrepreneurs, startups and students?

Entrepreneurs, startup founders and students each have their own residence permit. The IND assesses the business plan or the study programme, together with the institution or advisers involved.

  • Startup: a permit for one year, on condition that you work with a facilitator recognised by the Netherlands Enterprise Agency (RVO).
  • Self-employed: a permit for which RVO assesses whether your business serves an essential Dutch interest, using a points system.
  • American entrepreneurs: under the Dutch-American Friendship Treaty, US nationals can qualify under easier conditions.
  • Students: the educational institution must be a recognised sponsor; work alongside your studies is only allowed within limits.
  • Orientation year: graduates may stay up to one year to find work, applying within three years after graduation.

During the orientation year you may work freely. If you then find a job as a highly skilled migrant, the reduced salary criterion applies.

What rights do EU citizens and their family members have?

EU citizens enjoy free movement and do not need a residence permit to live and work in the Netherlands. Non-EU family members can obtain a residence document under the Citizens' Rights Directive 2004/38/EC.

As an EU citizen you register with the municipality if you stay longer than four months. Your non-EU partner or child applies to the IND for an EU residence document, and the IND must decide within six months. After five years of lawful residence you can apply for permanent residence.

How do you obtain permanent residence or Dutch citizenship?

After five years of continuous lawful residence you can apply for a permanent residence permit or for naturalisation. Both routes have additional conditions, such as civic integration and, for permanent residence, sufficient income.

For permanent residence you must, among other things, have passed the civic integration examination. Not every residence period counts; time on a study permit, for example, counts only partially or not at all.

Article 8 of the Kingdom Act on Dutch Nationality (Rijkswet op het Nederlanderschap) generally requires five years of continuous lawful residence. You apply through your municipality. In principle you must give up your original nationality, with exceptions, for example for spouses of Dutch nationals. Under Article 6 of the same Act, the option procedure is simpler and faster for certain groups. A longer naturalisation period has been under political discussion, so check the current rules first.

Does Law & More handle asylum applications?

No, Law & More does not handle asylum cases. An asylum application is lodged at the registration centre in Ter Apel and assessed by the IND.

For an asylum application, contact a specialised asylum lawyer or VluchtelingenWerk Nederland. As immigration lawyer in the Netherlands, we focus on regular residence, labour and family migration, naturalisation and IND objections.

How do you challenge an IND decision?

You object to an IND refusal or withdrawal within four weeks. That period follows from Article 69 of the Aliens Act 2000 and is shorter than the usual six weeks.

The period starts on the day after the decision is announced. The IND will usually declare a late objection inadmissible, which means your case is not reviewed on its merits. If necessary, file a brief notice of objection first and add the grounds later.

StepAuthorityPeriod
Decision on a regular applicationIND90 days, extendable by up to 90 days
Objection against the decisionIND4 weeks after announcement
Appeal against the decision on objectionDistrict court (immigration chamber)4 weeks after announcement
Preliminary reliefPreliminary relief judge of the district courtDuring objection or appeal
Higher appealAdministrative Jurisdiction Division of the Council of State, The HagueShort; have the period checked at once

When do you request preliminary relief?

Preliminary relief (voorlopige voorziening) is an urgent measure by the preliminary relief judge under Article 8:81 of the General Administrative Law Act. You request it when you cannot wait for the outcome of the objection or appeal.

An objection does not always stop the IND from enforcing its decision. If you risk losing your right to stay or work, the judge can allow you to stay until a decision is made.

What if the IND does not decide on time?

If the IND misses the decision period, you first send a written notice of default. If the IND still does not decide within two weeks, you can appeal to the district court.

For regular applications, a penalty under Article 4:17 of the General Administrative Law Act then accrues for at most 42 days. The court can also order the IND to decide within a set period.

How does working with Law & More work?

Working with us as your immigration lawyer in the Netherlands follows four phases. In each phase you know what we do and which periods apply.

  1. Intake. In a free introductory meeting we discuss your situation, your documents and any periods already running.
  2. Advice. We assess which permit or route fits and what the risks are. You receive a concrete plan with the documents needed.
  3. Application or negotiation. We prepare the application or objection and handle contact with the IND, and for employers also with HR and UWV.
  4. Proceedings. After a refusal we conduct the objection and the appeal. If needed, we request preliminary relief or lodge a higher appeal.

What does an immigration lawyer in the Netherlands cost?

Our hourly rate is 250 to 350 euros excluding VAT for a lawyer. For a partner it is 300 to 400 euros excluding VAT. We agree the rate with you in advance.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. In addition to our fee, you pay the IND application fee and, in an appeal, the court fee. The current amounts are published by the IND and on rechtspraak.nl.

Government-funded legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but Law & More does not work on that basis. Our office is at Marconilaan 13 in Eindhoven, with a visiting location in Amsterdam.

Which articles help you further?

Frequently asked questions

How long do I have to object to an IND decision?

You have four weeks, counted from the day after the decision is announced. This follows from Article 69 of the Aliens Act 2000. A late objection is usually declared inadmissible, so act as soon as you receive the decision.

How long does a residence permit application take?

For a regular application the IND has 90 days, which can be extended by up to 90 days. A highly skilled migrant application through a recognised sponsor is usually handled within a few weeks. If the IND is late, you can send a notice of default.

Does my employer have to be a recognised sponsor?

Yes, for the highly skilled migrant scheme the employer must be a recognised sponsor with the IND. For the EU Blue Card this is not required. Recognition brings duties, such as reporting changes within four weeks.

What income do I need for family reunification?

You need sufficient and lasting independent income, linked to the statutory minimum wage. The IND adjusts the amounts periodically and publishes them on its website. Different rules apply to family members of highly skilled migrants and in a few special situations.

Immigration lawyer in the Netherlands: can a visa consultant do the same?

A visa consultant may help you fill in forms, and legal representation is not compulsory before the Dutch administrative courts. A lawyer registered with the Netherlands Bar, however, is bound by professional confidentiality and disciplinary rules. A lawyer also assesses your legal position and conducts the objection, appeal and preliminary relief proceedings.

After how many years can I become a Dutch citizen?

For naturalisation you generally need at least five years of continuous lawful residence in the Netherlands. You must also have completed civic integration and, in principle, give up your original nationality. A longer period has been under political discussion, so check the current rules before you apply.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Contact us, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

This page provides general information and does not replace advice on your specific situation.

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