Paul Harts Msc.
harts@holland-legal-services.ae
Telegram: @Paul_Holland_Legal_Services
Hilda Van Der Tuin, LL.M.
RESIDENCY IN THE NETHERLANDS
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How to obtain a residence permit in the Netherlands if you are from outside the EU
This post will explain what you need to do if you are not an EU citizen and you would like to live permanently in the Netherlands. The post is not going to make you happy since the only legal way to do so involved lots of money. Obviously, there is a lot to say about this matter, but these are the headlines.
Moving to the Netherlands if you are not an EU citizen
If you are thinking about moving to the Netherlands, with your family and stay there ‘for ever’ there is basically just one way. That legal way is not:
1 buying real estate
2 getting a job
3 starting a small business.
The only legal way for obtaining a residence permit in the Netherlands that gives you the perspective of making it a permanent residence permit is by investing €1.250.000. And that has to be a real cash-like investment. So, even if you would buy a house of that value and you have a passport from outside the EU, you will not be allowed a residency visa in the Netherlands (or anywhere else per Malta for that matter).
Other necessities for obtaining a residency visa in the Netherlands
If you are willing and financially strong enough to carry this investment, there are a couple of things you need to know.
First, you will have to prove the legit basis of your money. Simply stated, you’ll have to prove that the money is yours and that it came into your possession in a legal way.
Second, you’ll have to really invest the money and bring the money to a bank that is supervised by the DNB, the Dutch Central Bank.
Third, investing alone is not enough. You’ll have to add value. That can mean that your investment brings jobs, is in a highly innovative sector or – also fine – if you yourself bring with you a large network. The problem here is always that civil servants are going to see the viability of plans of entrepreneurs. Discussions that almost never run smoothly. This is one of the areas where we can be of great help.
Your Family can have a visa too and work(!) in the Netherlands
Once you have gone through the process of obtaining such a visa, your family can get a visa too. They will not be obliged to follow exams, and they will be allowed to work(!)
Bear in mind that getting a permanent residency visa is a three-step process. First, you will get, based on the investment and plans, a residency visa valid for three years. Then, based on the results of your investment you can get a visa for 5 years. And after this total of 8 years, you can apply for permanent residency status in the Netherlands. You will have to do the examinations (basically questions about how to find your way in the Netherlands) and you will have to pass those exams in order to apply for a Dutch permanent residency.
What to do if you don't have that kind of money?
This is a bit tricky, but the rules about how to deal with cooperating individuals who together have the €1.250.000 are not crystal clear. So you might have an option to get the money from several individuals that all would like to move to the Netherlands. Of course, if there are family ties, this will be accepted way sooner than when it looks like a trick to fool the system. And sure, we can help you with the paperwork and the mandatory business plans. It all might sound like a very long procedure and that is actually not the case! If you have the funds, you could have your residency in the Netherlands arranged within 3 months.