Residence permit in the Netherlands

Вступаючи у шлюб з громадянином Нідерландів, чоловік/дружина або партнер автоматично отримує посвідку на тимчасове проживання. При цьому, проживши у шлюбі 12 місяців, іноземець має право подавати документи на постійне проживання, а вже через 3 роки – на громадянство.

Законодавство Нідерландів також визнає цивільні і одностатеві шлюби та наділяє такий союз тими ж правами, що і офіційний шлюб.

Marriage

Marriage to Dutch national automatically changes the citizenship of a spouse or a partner.  An alien is eligible to apply for permanent residence upon living together for the period of 12 months, and after 3 years application for the citizenship can be made.

The civil and same-sex marriages are recognized by the government of the Kingdom of the Netherlands and considered as official ones.

The Netherlands state is very strict with fake marriages, therefore it has severe requirements for spouses:

1. Cohabit and run a joint household;
2. Lack of criminal record and absence of administrative offenses.

In case the couple broke up or has a non-formalized relationships, but an alien has already obtained the Dutch citizenship, he or she would still have to leave the territory of the country.  

The legislation of the Netherlands allows its nationals to invite their family members from abroad and grants them residence permit with the possibility for further citizenship obtaining by naturalization.

In order to invite family members in the country the following conditions must be fulfilled by a Dutch national: 

1. Fill the invitation for the relatives;
2. Provide initial sponsorship for the relatives;
3. Provide the relatives with housing;
4. Be a credit guarantor for the relatives.

In these cases the residence permit is issued for 1-year period with possible extensions.

• In order to obtain residence permit by education in the Netherlands an alien is required to submit a contract signed with one of higher educational institutions of the country. It must stated the period of study, alien’s specialization, data on place of residence and details of higher educational establishment.
• Student has the right to work 20 hours per week while classes and 40 hours per week while holiday periods.
• For university admission in the Netherlands it is required to submit high school certificate or diploma and confirm English of Dutch proficiency along with the availability of funds sufficient for education (an average of €6000 – 8000).
• Higher education is free of charge for Dutch nationals, residents and their children.

By being employed with Dutch company an alien obtains the residence permit and work authorization (GVVA).

When signing a contract with a non-EU citizen, an employer is obliged to prove that no Dutchmen or citizen of EU countries had applied for the post in question.

Employer is also required to obtain formal approval from the Ministry of Labour of the Netherlands. Six weeks before signing the contract with an alien it is required to adverse the vacancy and provide the Ministry of Labour with the information on the number of candidates among Dutchmen and EU citizens.

If approved, the candidate must fulfill a number of conditions:

1. The annual wage for foreigners under 30 years of age must be at least € 35000;
2. The annual wage for foreigners over 30 years of age must be at least € 48000;
3. Provide diploma of higher education;
4. Have work experience in one’s specialization along with letters of recommendation;
5. Provide seminars, conferences, courses certificates;
6. Provide the medical report on the absence of chronic diseases and diseases dangerous to others (the local medical examination is required on arrival);
7. Pass Dutch proficiency test (proficiency in English, German, Danish and Swedish will be an advantage);
8. Scientific degree will significantly increase the chance of employment.

If these conditions are not fulfilled an alien can rely solely on unskilled or seasonal work without residence permit.

There are three types of employment contract in the Netherlands:

1. The temporary contract which states the expiration date and probation period. The parties may terminate it if it is included in the terms of the contract;
2. The permanent contract is an open-ended contract which is usually valid until the end of a project. It can be terminated before the expiration date;
3. Contract signed via agency.

In case of successful employment in a Dutch company the employee receives a residence permit for a period of 1 year with possible extensions, and the EU Blue Card holders receive a residence permit for a 4-year period.

A foreign national intended to start a business in the Netherlands has the right to obtain a residence permit. There are two types of it:

1. Regular residence permit which is issued to a foreigner who has registered his business in the Netherlands or has purchased not less than 25 per cent of already existed business. Business must be of interest for the Netherlands authorities, generate substantial income and create job positions for the nationals;
2. Startup visa is issued to an alien who wishes to set up prospective and innovative project in the Netherlands. In case of successful development of business an alien has the right for regular residence permit upon a year.

There is a number of conditions for a start-up owner:

1. The authorized capital should be not less than € 120 000;
2. Business must benefit the country’s economy;
3. Provide a promising and detailed business plan;
4. Have an office facility;
5. Be registered with the Chamber of Commerce of the Netherlands and obtain health insurance;
6. Have an experience in operating and developing of business;
7. Create job positions for the Dutchmen.

Residence permit is issued to an alien and his family upon submission of an application. However, a year later the Evaluation Committee decides on the business efficiency. In case of positive decision the residence permit will be extended.

A “millionaire visa” is a programme launched by the Government of the Netherlands with an aim of country’s economy stimulation since October 01, 2013.

Wealthy foreigners are eligible for a 1-year residence permit with further possible extensions by having invested at least € 1 250 000 in the country’s economy.

The Ministry of Economic Affairs of the Netherlands assesses the feasibility of investments. Basic requirements for investors are the creation of job positions for Dutch nationals and the aspect of business innovation.

An alien is required to provide the evidence on legal origin of invested resources.

• Foreign national whose life or health is threatened in homeland or who is targeted by political, religious or sexual reasons, can seek asylum in the Netherlands. 
• Foreign national should request asylum in border control zone of the Netherlands, following which a specialist will assess the level of threat and on the basis of alien’s report and will decide on granting him refugee status.
• In case of positive decision the Dutch residence permit will be issued for a five-year period. The government reconsiders the situation in alien’s homeland after this time period and decides on whether to repatriate an alien or issue him the permanent residence status.

Foreign nationals who undergo a long-term treatment in the Netherlands (for more than 3 months) are eligible for residence permit for the period necessary for fully recover.

For this purpose, medical reports and a contract with the hospital should be submitted to immigration department. 

Victims of trafficking are eligible for the Dutch residence permit for the period of investigation.

The residence permit is also issued to foreign citizens who are engaged in scientific, creative, volunteer and religious activities in the Netherlands. The validity period depends on the period of the foreigner’s activities.