Have you been living in the Netherlands for the last five years? You may be eligible for a permanent residence permit. What are your options and requirements? Everaert Advocaten, a respected leader in migration law in the Netherlands, explains.
There are three types of permanent residence in the Netherlands: long-term residence in the EU, permanent residence on national grounds and permanent residence for EU citizens and their families. Depending on your specific situation, you may be eligible for one of these permits after five years of continuous legal residence in the Netherlands.
Having a permanent residence permit has certain advantages. Once you have a permanent residence permit, your stay in the Netherlands no longer depends on the specific purpose of your stay (e.g. work as a highly skilled migrant). A permanent residence permit can only be revoked if you stay outside the Netherlands for too long or if you commit a serious crime. What’s more, you are free in the job market, which means you don’t need a separate work permit to work legally in the Netherlands.
Long-term residence and permanent residence in the EU on national grounds
As an EU citizen who is not an EU citizen, you can apply for a permanent residence permit in the Netherlands after five years. The Immigration and Naturalization Service (IND) will determine which permit you are eligible for. They will first assess whether you are eligible for a long-term residence permit in the EU. If this is not the case, they will assess whether you meet the requirements for permanent residence on national grounds. In general, the following criteria apply to permanent residence:
Five years of uninterrupted legal residence
To obtain a long-term residence permit in the EU, you must have lived in the Netherlands for five consecutive years with a valid residence permit. You must have a non-temporary residence permit for five years. For example, the exchange period or year of orientation is temporary and does not count towards five years. As an exception, a study permit is credited at 50 percent of the actual time for five years. During this five-year period you must also have a primary residence in the Netherlands. To allow long-term residence in the EU, some gaps in the place of residence can be corrected.
To reside on a national basis you must also have lived in the Netherlands for five consecutive years with a valid residence permit. The most important difference from a long-term residence permit in the EU is that all consecutive residence permits you hold are credited for five years. It can also be a temporary residence permit. For example, a study permit or search year is credited in full. However, it is impossible to fix the gaps in the place of residence for permanent residence on national grounds.
Sufficient income
To obtain both types of permanent residence it is essential that you have sufficient long-term income. The standard amount is adjusted twice a year, on January 1 and July 1. Whether your income is sustainable depends on your specific situation. For example, income from paid employment is stable if you receive income for another twelve months. However, if your temporary employment contract is valid for less than twelve months, your income can still be considered stable if your current income is equal to the required amount and every year for the last three years before applying you had an average monthly income that was also at least equal the required amount.
Integration
You must also pass a civic integration exam. Recently, the Dutch government raised language requirements from A2 to B1. However, until further notice, the language requirements for permanent residence will remain at A2 level in 2022. Note that sometimes you may get an exemption or withdrawal from the integration requirement.
Temporary residence at the time of application is not allowed
It is not possible to apply for permanent residence if you have a temporary residence permit for the purpose of your stay. Some examples of temporary goals of stay: au-pair, cross-border service provider, exchange, in-house transfers, year orientation for highly educated people, seasonal work and study.
Further requirements
You must not have a criminal record or pose a threat to public order. In addition, you must be registered in the municipal personal data base (brp) in your municipality and have health insurance.
Permanent residence for EU citizens and their families
Other rules apply to EU citizens and their families. You had five years of continuous legal stay in the Netherlands. This means that you really live in the Netherlands and have (or a member of your family) enough money to support yourself financially. In addition, you are registered in the municipal personal data base (brp) in your municipality, have health insurance and a valid passport. In some situations, you may apply for permanent residence earlier.
If you have any questions regarding your permanent residence in the Netherlands and whether you are entitled, or if you have any questions regarding your specific situation, do not hesitate to contact Anne Weifelmann, Everaert Advocaten’s lawyer, at [email protected].
