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Long Term Residence

Long-Term residence permit: secure your residence in the Netherlands

The Netherlands, with its stable economy, high quality of life, and central role in the European Union, is a desirable destination for many seeking long-term residency. Securing either the Dutch “Residence Permit for an Indefinite Period” (in Dutch: verblijfsvergunning onbepaalde tijd) or the “EU Long-Term Resident Permit” (in Dutch: verblijfsvergunning EU langdurig ingezetene) marks a significant milestone, offering greater security and expanded rights. This page will provide a comprehensive overview of the permanent residence in the Netherlands, outlining their purpose, advantages, application requirements, and the critical differences that set them apart.

Understanding the differences between the long-term residence permits in the Netherlands and the EU

Both the Dutch long-term residence and the EU long-term residence grant foreign nationals the right to reside permanently in the Netherlands, but they differ significantly in their scope and the rights they confer.

Dutch permanent residence

  • Definition: This permit allows non-EU/EEA/Swiss nationals who have legally resided in the Netherlands for a continuous period of five years to remain in the country indefinitely. It signifies a transition from temporary residency to a more permanent status, granting the holder the right to live, work, and study in the Netherlands without the need for further extensions of their initial residence permit. However, its benefits are largely confined to the Netherlands itself.
  • Scope: The term ‘onbepaalde tijd’ permit provides permanent residency within the Netherlands only. It does not automatically grant the right to live and work in other EU countries. You remain subject to Dutch immigration laws and procedures.
  • Calculation of the accumulated period: All the accumulated stay in the Netherlands (with a valid residence permit) shall count toward the five-year term, regardless whether it is temporary or non-temporary nature, which is more lenient than the EU long-term residence requirement (please see the EU long-term residence for comparison).
  • Main habitual residence: The Dutch permanent residence gives a stricter interpretation on the main habitual residence requirement (in Dutch hoofdverblijf). Holders of Dutch long-term residence must not leave the Netherlands for more than six months in a year, or in a three-year row, four months a year. Otherwise the resident can be deemed to have moved his/her domicile outside the Netherlands and therefore result in the withdrawal of the Dutch long-term residence status.

EU Long-Term Resident Permit

  • Definition: This permit, based on EU Directive 2003/109/EC, allows non-EU/EEA/Swiss nationals who have legally and continuously resided in an EU member state (including the Netherlands) for five years to obtain long-term resident status. The “EU langdurig” permit offers more extensive rights than the Dutch indefinite permit, including the possibility of residing and working in other EU member states (subject to certain conditions and procedures).
  • Scope: The “EU langdurig” residence permit is fundamentally based on the EU law rather than the Dutch national law, offering mobility rights beyond the Netherlands. While it still requires you to comply with immigration laws in other EU countries if you move there, it simplifies the process compared to someone without this status.
  • Calculation of the accumulated period: Not all the accumulated stay in the Netherlands (with a valid residence permit) shall count toward the five-year term. Residents who hold a Dutch residence permit of temporary nature (in Dutch: tijdelijke verblijfsdoel) could encounter a (complete) discount of that period. For example, people who hold student visa in the Netherlands, only half of the duration could be contributed to that five-year term. For other temporary visa such as orientation year/ search year visa and ICT visa, none of those period shall be taken into consideration. In addition, if you used to have European Blue card in another EU member state prior to working in the Netherlands, you may carry the years that have been accumulated in that EU country to the Netherlands to apply for the EU long-term residency. If you are not sure how long have you accumulated for the purpose of applying for the EU long-term residence, you are welcome to contact Amice Advocaten. Our lawyer can assist you and help you figure out quickly.
  • Mobility with the EU: The EU long-term residence permit gives a certain degree of EU mobility that the Dutch permanent residence does not. For example, it is easier to move to another EU country in terms of the requirements and procedures of applying for a residence permit in that country. Also, when moving to another EU country, the resident can still enjoy the social benefit as an EU long-term resident, for instance, for study purpose, the resident is entitled to the EU tuition fee standard rather than the international one.

Benefits of obtaining long-term residence permits

Securing a permanent residence permit offers a range of significant advantages over holding a temporary residence permit:

Security and stability

The most significant benefit is the security of knowing that you have the right to remain in the Netherlands indefinitely, eliminating the stress and uncertainty associated with temporary residence permits that require frequent renewals.

Unrestricted access to the labour market

Both permits grant unrestricted access to the Dutch labor market, allowing you to work in any profession or for any employer without the need for a work permit.

Access to education

You have the right to pursue education at all levels in the Netherlands, including higher education, under the same conditions as Dutch citizens, for example, you are entitled to the Dutch/EU tuition fee instead of the international standard. This benefits also extends to your partner and children if they are living in the Netherlands with a family visa.

Social security benefits

You are entitled to the same social security benefits as Dutch citizens, including unemployment benefits, healthcare, and social assistance, subject to meeting the eligibility criteria. Acquiring these benefits shall not affect your eligibility to renew the permanent residence permit.

Family reunification

It becomes easier to bring family members to the Netherlands, as the paperwork required for family reunification are often less stringent for people with a long-term residence permit.

Easier family reunification in other EU countries

If you move to another EU country with an EU long-term residence permit, it may be easier to bring your family members to join you, as the requirements for family reunification are often less stringent for EU long-term residents.

Mobility within the EU

The primary advantage of the “EU langdurig” permit is the right to reside and work in other EU member states for more than three months. While you will still need to apply for a residence permit in the other country, the process is generally simpler and faster than applying for a first-time residence permit with the passport of your homeland. You may need to demonstrate that you have sufficient resources and health insurance, and the host country may consider its labour market situation.

Path to citizenship

The long-term residence permit serves as a stepping stone to Dutch citizenship. After a certain period of legal residence (typically five years), you may be eligible to apply for naturalization, subject to meeting the requirements for integration, language proficiency, and knowledge of Dutch society. Given that it could take around a year to complete the naturalisation procedure, and during this one year the applicant must have a valid residence to reside in the Netherlands, it is highly recommended to acquire the long-term residence status when waiting for the decision of your naturalisation application.

Application requirements

The application requirements for Dutch permanent residence permit and EU long-term residence permit are similar, but there are some key differences:

  • Requirements identical to both permits:
    • Five years of legal and continuous residence: You must have been legally residing in the Netherlands for a continuous period of five years, based on a valid residence permit. Absences from the Netherlands are permitted, but they must not exceed six months in a year, or four month per year in a three-year row, or a total of ten months over the five-year period. Absences for important reasons (e.g., illness, family circumstances, conscription) might be considered more leniently, but this could be at the discretion of the IND.
    • Valid residence permit: You must hold a valid residence permit at the time of application.
    • Sufficient and sustainable means: You must demonstrate that you have sufficient and sustainable income and/or resources to support yourself (and your family members) without recourse to the public funds. The income threshold varies depending on the size of the family and is linked to the Dutch minimum wage. In some situations savings are also considered. If you have questions about your own financial conditions of applying for a Dutch residence permit, our lawyer team at Amice Advocaten can give you a bespoke assessment and advise you the possibility of proceeding the visa application.
    • Integration requirements: You must have met the integration requirements, which typically involve passing the Dutch civic integration exam (inburgeringsexamen) or demonstrating equivalent knowledge of the Dutch language and society.
    • No severe criminal record: You must not have a severe clean criminal record and not pose a threat to public order or national security.

The application process

The application process for the permanent residence permit is as follow:

  1. Gather required documents: Collect all the necessary documents, including your passport, residence permit, proof of income, integration certificate and the application forms. Ensure all documents are available in Dutch/ English/ French/ German and legalized or apostilled if necessary.
  2. Submit the application: Submit the application to the IND (Immigration and Naturalisation Service). Lawyers at Amice Advocaten can also check the eligibility and the documents of clients before submitting the application to the IND.
  3. Pay application fee: Pay the required application fee.
  4. Decision: The IND will review your application and make a decision. The processing time can vary. The legal term is six months.
  5. Collect the residence permit: If your application is approved, you will receive your residence permit card.

Important considerations before submitting the long-term residence application

  • Continuous residence: Maintaining a continuous legal residence is crucial for the long-term residence application. Avoid absences from the Netherlands that exceed the permitted limits.
  • Income and financial means requirements: Ensure that you continue to meet the income requirements throughout your period of residence. Changes in employment or financial circumstances could affect your eligibility for renewal or naturalization. Prior to the application, you ought to have an employment contract that is valid for the next 12 months. If it is valid for less than 12 months, you must show that you have been working in the Netherlands for the past 36 months with sufficient proof such as tax payment records and salary slips. For self-employed people, the IND could assess the sustainability of your income derived from your own business in the past 18 months. If you could not meet any of the aforementioned conditions, showing your saving could be an option too. For details, you may contact our lawyer team at Amice Advocaten.
  • Integration requirements: Continue to actively participate in Dutch society and maintain your knowledge of the Dutch language and culture.
  • Criminal record: Avoid any criminal activity that could jeopardize your residence permit.
  • Accurate information: Provide accurate and complete information in your application and any subsequent communications with the IND.

EU long-term residence permits holders in other EU countries moving to the Netherlands

It is important to know that EU long-term resident can enjoy a better intra-EU mobility  provided that they will also apply for the residence permit in that host country. In other words, having a long-term residence permit in another EU country does not automatically grant you the right to reside in the Netherlands. You still need to apply for a Dutch residence permit. Yet the process is generally more streamlined than for people who possess other types of residence permits. Below are the specific requirements to meet for those who have EU long-term residence in other EU member countries and wish to move to the Netherlands.

The intra-EU movement right is subject to the EU Directive 2003/109. Each EU country, including the Netherlands, carries out this EU Directive through its own national laws. This means there might be slight variations in the specific procedures and required documentation. In the Netherlands there are generally three types of EU long-term residents who can opt for when moving to the Netherlands.

  • Economically inactive person: This applies to those who have acquired stable and sufficient passive income, or they can show an abundant saving in their home country or the EU country they live in, to prove that they will not constitute a public financial burden to the Netherlands after they move here.
  • Employment: If you plan to work in the Netherlands (either employed or self-employed), you will need to apply for a residence permit for work in the Netherlands without the need of obtaining a MVV at the Duch consulate (provisional visa to travel to the Netherlands);
  • Study: If you plan to study at a recognized educational institution, you will need a residence permit for study without the need of obtaining a MVV at the Duch consulate (provisional visa to travel to the Netherlands);
  • Family reunification: If you have family members (e.g., spouse, children) who are already legally residing in the Netherlands, you may be able to apply for a residence permit for family reunification without the need of obtaining a MVV at the Duch consulate (provisional visa to travel to the Netherlands);

Conclusion

Both the Dutch permanent residence permit and the EU long-term resident permit offer significant benefits to foreign nationals seeking long-term residency in the Netherlands. The choice between the two depends on your individual circumstances and your future plans. If you primarily intend to remain only in the Netherlands, the Dutch permanent residence shall provide sufficient security and stability. If you anticipate moving to or working in other EU countries in the future, the EU long-term resident permit offers a greater mobility and flexibility. Carefully consider your options, meet the application requirements, and seek professional advice to ensure a smooth and successful transition to long-term residency in the Netherlands. Remember that obtaining either permit is a significant achievement that opens up new opportunities and provides a foundation for a secure and fulfilling life in the Netherlands and potentially beyond. You are welcome to contact Amice Advocaten if you have questions about acquiring the permanent residency. Our professional lawyer team will give you the best advice based on your personal circumstances.