A regular residence permit allows a national from outside the EU to live in the Netherlands for a specified purpose: work, study, family, medical treatment or otherwise. The purpose is written into the permit and determines both the conditions and what the holder may do.
Legal basis and duration
The Aliens Act 2000 distinguishes the permit for a fixed period, granted for a maximum of five years, from the permit for an indefinite period. The fixed-term permit is issued for the duration of the underlying purpose: the employment contract, the study programme, the relationship. It can be renewed as long as the conditions continue to be met.
After five years of lawful residence the holder can apply for a permanent residence permit under national law, or for EU long-term resident status, which carries rights in other member states. Both require sufficient and durable income and, as a rule, a passed civic integration examination.
Conditions and change of purpose
Every permit carries conditions attached to its purpose: a salary criterion, enrolment at an institution, cohabitation with a partner. Where the purpose ends, the permit can be withdrawn, although the law provides search periods in specific cases, such as after the loss of employment.
Moving from one purpose to another, from study to work for instance, requires a new application. Continuity matters: a gap between permits interrupts the period counting towards permanent residence and towards naturalisation.
Where it goes wrong
Renewals filed late are the classic problem. An application submitted after expiry creates a gap in lawful residence, with consequences that reach years into the future. Filing eight weeks before expiry keeps the previous permit valid while the IND decides.
Related terms
See also the provisional residence permit, naturalisation and the entry ban.
Our immigration law practice handles applications, renewals and objections.
