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FAQ’s: Immigration for Employees

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I have a Dutch residence permit. Can I stay and work in other EU/EER countries with this residence permit?’

As a Dutch residence permit holder, you can stay in another Schengen country for max 90 days within a 180-day time window without the need of a separate (entry) visa for the country of destination. You should travel with your valid passport and valid Dutch residence permit.

If you are travelling to an EU country that is not part of the Schengen area (Bulgaria, Ireland, UK – until end 2020 -, Croatia, Rumania,) it will depend on local, national immigration rules if an entry visa is required. And also for how long you are allowed to remain in that country as a temporary visitor.

Your Dutch residence permit does not give you the right to work in that other EU/EER country. It will depend on the national immigration laws of the EU/EER country if the intended work activities are/are not allowed without a separate work permit.

I am a non-EU/EER passport holder. I need to travel to The Netherlands as a business visitor for a short assignment. Is this allowed?

A non-EU/EER passport holder without a valid Dutch residence permit is allowed to conduct business discussions or conclude agreements with companies and institutions in The Netherlands for a maximum duration of 13 weeks within a timeframe of 52 weeks (not being the same as a calendar year).

There is a thin line between activities that are considered as allowed business discussions and forbidden activities that are no longer seen as business discussions on the other hand.

In practice, Dutch labour authorities will – in case of an audit – judge the situation based on the facts as they appear.

Also, note that a non-EU/EER passport holder without a Dutch residence permit is allowed to stay in the Schengen area for a maximum of 90 days within a 180-day timeframe. So if you have already stayed for 70 days in France, there are only 20 days left to remain in The Netherlands (or other Schengen countries) within the applicable 180 day time window.

I am a non-EU/EER passport holder, will graduate soon or have recently graduated, and I want to live in The Netherlands  to look for a qualified job and. Can I do this?

There are several situations under which it may be possible for recent graduates to obtain a temporary Dutch residence permit with a validity of 1 year, in order to enable this graduate to look for a qualified job. Generally, you qualify for this “orientation year” if in the past 3 years you have:

– completed an accredited bachelor’s or master’s programme in The Netherlands;
– obtained a master’s degree in the context of an Erasmus Mundus Masters Course;
– done scientific research. For this, you have had a residence permit in the Netherlands for the purpose of scientific research within the meaning of EU Directive 2005/71/EC, research within the meaning of Directive (EU) 2016/801);
– completed a master’s or post master’s programme or obtained a PhD at a designated international educational institution outside of The Netherlands (additional requirements apply).

During the validity of this 1-year residence permit, you are allowed to work in The Netherlands without a work permit.

If you find work during your orientation year, you must change your permit to a residence permit for employment. For example, as a highly-skilled migrant, if the conditions for this residence permit are fulfilled.

In case I am eligible for a Dutch residence permit for work, which family members can move to The Netherlands together with me as my dependents?

If you obtain a residence permit for work, it is -exceptional situations aside – possible to obtain residence permits for your following dependents:

– Your spouse (marriage or registered partnership): both you and spouse are at least 21 years old;
– Your unmarried partner, if you are in a long-term and exclusive relationship: both you and your partner are at least 21 years old;
– Your minor children (younger than 18);

However, obtainment of a dependent residence permit for your adult child (18 years or older), (a) parent(s), or nanny is – very exceptional situations aside – not possible.

If your family members need a work permit in order to be able to work in the Netherlands with their residence permits as your dependents will depend on the type of residence permit you obtain. If you obtain a residence permit as a highly-skilled migrant, your dependents will become free on the Dutch labour market.

Why do I need an MVV (D-visa) before I can start working in The Netherlands?

If you move to The Netherlands for more than 90 days to work, you will need to apply for a residence permit (and possibly – depending on the circumstances – a work permit).

To be able to obtain your residence permit in The Netherlands, you will first need to apply for a Dutch entry clearance visa for yourself and your accompanying dependents. This entry clearance visa, called MVV (Machtiging tot Voorlopig Verblijf; D-visa) has to be collected at the Dutch Consulate in the country of your nationality. Or it can be done in the third country where you hold your legal residency.

The above does not apply to nationals of the following countries: United States, Australia, Canada, Japan, Monaco, New Zealand, South Korea, Vatican City, United Kingdom, and the EU/EER countries and Switzerland. It may also not apply if you have a valid residence permit issued in a Schengen member state.

The MVV-requirement is a hard condition and can only be waived in limited and clearly defined situations (unless you are a national of one of the counties as outlined above). 

I have entered into The Netherlands with the required MVV or work approval. What’s next?

After your application has been approved and you have collected MVV at the Dutch consulate, there are still some things to do before you are all set in The Netherland.

You will first need to visit the IND (Dutch Immigration and Naturalisation Service) for the obtainment of an endorsement sticker and/or your physical residence permit ID card.

After this, you will need to register at the Municipality of your residence to obtain your Dutch social security number (called burgerservicenummer – BSN). Depending on your location of work or residency, these two steps can be taken at the same time at a so-called expat centre.

With the above in place, you can also obtain Dutch health insurance.

Want to know more about the unique advantages of partnering with EMG? Contact us or let us contact you!

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