Article 14 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw 2000) is the legal basis for the temporary regular residence permit (verblijfsvergunning regulier voor bepaalde tijd). The IND may grant, refuse, extend, change or withdraw such a permit. Each permit is linked to a purpose of stay and is granted for at most five consecutive years.
Table of contents
What powers does the IND have under article 14?
Under article 14(1) Vw 2000, the IND may grant or refuse an application, or decline to consider it. It may also extend a permit, change it when circumstances change, and withdraw it. In some situations the IND grants or extends a permit on its own initiative.
What happens if you hold an mvv?
If you hold a valid provisional residence permit (machtiging tot voorlopig verblijf, mvv), the IND grants the residence permit ex officio within two weeks after you have reported your arrival (article 14(2) Vw 2000). The permit carries the same restriction as the mvv, for example residence with a partner.
What is a restriction?
A temporary permit is always granted under a restriction (beperking) linked to the purpose of stay, such as work as a highly skilled migrant, study or family reunification (article 14(3) Vw 2000). Conditions can also be attached. The restriction determines what you may do in the Netherlands. If your purpose changes, you must apply for a change of restriction. This involves a fee (leges) and the 90-day decision period of article 25 Vw 2000.
Example
A student who completes a master’s degree at a Dutch university can apply to change the study permit into a permit for the orientation year for highly educated persons. If she then finds a job as a highly skilled migrant, her employer, as recognised sponsor, applies for another change of restriction.
Frequently asked questions
How long is a temporary permit valid?
For at most five consecutive years, and often shorter, depending on the purpose of stay (article 14(4) Vw 2000).
Related terms
- Residence permit
- Provisional residence permit (mvv)
- Article 16 Aliens Act 2000
- Article 18 Aliens Act 2000
- Orientation year
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