to obtain a Provisional Residence Permit
(MVV; Machtiging Voorlopig Verblijf) in
their country of origin before they are
allowed to enter the Netherlands. The
MVV must be utilized within six months
after the date of issue. Nationals of
Australia, Canada, Japan, Monaco, New
Zealand, South Korea, the United States
or the Vatican do not need an MVV, but
only a residence permit.
The Dutch Migration Authority
(IND) will assess the application for the
requested specific purpose of stay and
verify the documents. If the application
is rejected, the foreigner can lodge
an objection in writing, appeal to the
District Court and further appeal to
the Administrative Law Division of the
Council of State.
certain purpose of stay. There are
different requirements for each purpose.
If foreigners wish to reside in the
Netherlands for work, they must produce
an employment contract. If they wish
to live with their family, birth and/
or marriage certificates are required.
These documents usually need to be
authenticated or legalized. The means of
legalization and acceptance of legalized
documents varies from country to country.
purposes of stay, for example, as:
card holders,
employ non-EU/EEA/Swiss nationals.
A work permit will only be issued if
no job applicants from within the EU/
EEA/Switzerland (that do not require a
work permit either) are available to fill
the position within a reasonable period
of time. The Netherlands Employee
Insurance Agency advises the IND
Employers who employ migrants without a
work permit risk a fine of EUR 24,000 for
every migrant for each violation.
for obtaining a permit for highly skilled
migrants and for an EU blue card.
Whether or not such residence permits
will be granted depends on income levels
and agreements between the IND and
the employers. These employers assume
responsibility that their foreign workers
meet the applicable specific requirements.
Employers do not require a work permit
for highly skilled migrants or EU blue card
holders.
To qualify for this permit, a highly
skilled migrant should earn a minimum
gross monthly income of EUR 4,404 (or
EUR 3,229 if they are under 30 years old).
Migrants qualify for an EU blue card if
they earn at least EUR 5,160 per month,
regardless of age, and they have completed
a higher education program of at least three
years. The employer, in turn, must prove that
he will be able to pay the wage.
Strangely, a Dutch EU blue card is not
valid as a residence or work permit in other
EU Member States. The only advantage
is that an EU blue card obtained in one
Member State may simplify the procedures
in another EU Member State should the
holder of the EU blue card move. In that
case, an MVV is not required for the
second application.
is the residence permit for intra-corporate
transferees. Foreign managers and key
personnel at a higher professional level
who have an employment contract with an
undertaking established outside the EU
and who will temporarily be transferred to
one or more branches of this undertaking
within one or more Member States in the
EU, can obtain a residence permit for intra-
corporate transferees. The application is to
be submitted in the Member State where
the transferee will work and stay most of
the time, but it will entitle him to work for
branches in other Member States and stay
there as well. The main drawback is that
this permit expires after a maximum of three
Netherlands do not need a work permit
(it is only required for the persons or
companies that hire them), but they must
meet strict requirements, for example:
business must serve an essential
Dutch (economic) interest by being
innovative for the Netherlands.
qualifications and licenses that are
required for his or her profession in
the Netherlands.
of a business plan and financial data that
their business will provide them with
sufficient means of support.
Thanks to bilateral treaties, it is a
lot easier for American and Japanese
citizens to obtain a residence permit
on a self-employed basis in the
Netherlands, provided that they do
business between their country of origin
and the Netherlands or develop and lead
the general business of an American or
Japanese company in the Netherlands.
The business of these American and
Japanese nationals is not required to serve
an essential Dutch (economic) interest.
transferees, Dutch residence permits are
only valid as a residence permit in the
Netherlands. Even migrants in possession
of a Dutch EU Blue Card that want to
live and work in other EU countries are
obliged to apply for a residence permit
(and sometimes a work permit) if they
move to these countries. Non-European
companies that want to expand their
business across Europe and bring their
own personnel can contact any Primerus
lawyer to obtain access to a complete
network of European (migration) lawyers
covering every EU Member State.
Together, Primerus lawyers can advise the
entrepreneur on the specific requirements
for obtaining a work or residence permit
in any EU Member State.