Staying in the NL for EU citizens (general rules) - Nalog.nl BV
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Residence in the NL for EU citizens (general rules)

01.10.2021

If you are a citizen of a country that is a member of the European Union (EU), the European Economic Area (EEA) or Switzerland, you do not need a residence permit to reside in the Netherlands. The passport (or identity card) of the country of which you are a citizen is direct proof that you are legally residing in the Netherlands and are eligible to work here. You do not need to inform the IND about your stay in the Netherlands and you do not need to ask the IND for proof of legal residence.

Your employer also does not have to apply for a work permit (TWV) for you if you want to work in the Netherlands.

If you intend to stay in the Netherlands for more than four months, you must register with the general database of the Netherlands - de Basisregistratie Personen (BRP). The registration procedure usually takes place at the municipality where you live. As a result, you get a personal tax number (BSN). What is it for? Your employer uses this number to resolve a number of issues, for example, with tax. General practitioners, hospitals, and pharmacies may also ask you for a BSN. For more information, visit the website of the municipality where you live.

If you intend to stay in the Netherlands for less than four months, registration with the municipality is optional. If you still need a personal BSN number, you can contact your municipality to obtain a BSN (RNI) number for non-residents.

Stay in the NL for EU citizens for more than 5 years

If you have an EU/EEA or Swiss nationality, or have another nationality but are a family member of an EU/EEA national, or a Swiss or Dutch national subject to EU law and you wish to remain living in the Netherlands, you can apply to obtain a residence permit for permanent residence – het verblijfsdocument 'Duurzaam verblijf burgers van de Unie'.

To obtain a permanent residence permit, you must meet the following conditions:

  1. You are a citizen of an EU / EEA country or Switzerland. Or you have another citizenship, but you are a family member of an EU / EEA citizen, Swiss or Dutch citizen, subject to EU law.

The following people are considered family members:

  • Spouse or (registered) partner.
  • Relatives in ascending order: parents, father-in-law, grandfather or grandmother.
  • Descending family member: child, grandchild, great-grandson.

Attention! If you have a residence permit to live with a Dutch minor child, then you cannot apply for permanent residence.

  1. You have lived legally in the Netherlands for 5 consecutive years. This implies that you physically lived in the Netherlands and you (or a member of your family) had sufficient funds to support yourself. The IND examines the previous 5 years immediately preceding the filing of the application. For each year of residence, the IND checks the legal residence.

The following situations are taken into account when calculating the total “experience” of residence in an IP:

  • You have worked for at least 1 year, at least 40% of normal full-time work. Or, your income from work was at least 50% of the applicable Social Assistance benefit standard.
  • You did not work, but you had sufficient income, for example, from your own savings.
  • You did not work but received social assistance / benefits. Receiving social assistance does not have any impact and does not have any consequences for obtaining the right to live.
  • You spent time in custody. Before being detained, you had been permanently and legally resident in the Netherlands for 5 years or more.
  1. You have a valid passport or other identification document. The child can be entered in the passport of one of the parents.
  2. You are registered in the database (BRP) at the municipality where you live. You don't have to prove this point to you yourself. The IND will check if you meet this condition.

Exceptions

Some groups of individuals do not need to wait 5 years before applying for permanent residence. Certain requirements also apply to each of these groups.

Category 1: You are retired or retired early, requirements:

  • You have lived in the Netherlands for 3 years or more in a row.
  • You have worked in the Netherlands for the past 12 months. You stopped working because you retired (you are 65 years old). Or you have completed the VUT (Early Retirement) procedure.

Category 2: You are permanently declared disabled, requirements:

  • You lived and worked in the Netherlands for 2 years or more before becoming disabled.
  • You stopped working because you were permanently disabled.

Category 3: You have been declared incapable of work as a result of an accident or occupational disease, the requirements are:

  • You are receiving WAO or WIA benefits

Category 4: You are a frontier worker (grensarbeider), requirements:

  • You have already worked in the Netherlands for 3 consecutive years or more.
  • You are now working in another EU / EEA country or Switzerland. You still live in the Netherlands and return to your home in the Netherlands at least once a week.

Advantages of obtaining a document – ​​'Duurzaam verblijf burgers van de Unie'

The rights are almost equal to the Dutch. With a permanent residence permit, you have almost the same rights as a person with Dutch citizenship. The only difference is that you are not allowed to vote in national elections and you are not allowed to work in certain special (government) sectors, such as the police or the army. To do this, you must first apply for Dutch citizenship.

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