Lost in the bureaucracy-full Dutch immigration system? Our new guide will help to set you straight. From our soon-to-be-released Dutch Survival Guide 2008 (print).

The Netherlands is a bureaucratic country and proud of it. Regulations for immigration and residency have tightened since 2004 with more changes on the way.

The immigration system in the Netherlands is “complex and unwieldy” (according to the government) but since 2004 it has been increasingly streamlined with legislation designed to attract and select more educated and highly skilled migrants.

First of all, ensure your documents are in order. Check your passport is valid for the period of your stay and that marriage and birth certificates are in an acceptable language and sufficiently “legalised”. This is generally with the addition of an ’apostille‘ - an extra stamp on the original document – and you obtain this from the “competent authority” in your own country. See the apostille section of www.hcch.net.

There are two main bodies involved: the IND which implements immigration policy and makes decisions on residence permits and the GBA where you register your entry into the Netherlands.

Registering with the GBA: everyone
The Gemeentelijke basisadministratie personnsegegevens is the personal records database of the municipal authority. Anyone who intends to stay in the Netherlands for more than three months (including EU/EEA nationals) must register at the GBA within five days of arrival. Registration with the GBA triggers the start of other processes and proof of registration is essential for many more.
The details you give when you register (such as the size of your apartment and family) determine charges for water and refuse collection, prompts the local health department to contact you regarding check-ups for your children, and eligibility to register for social housing.

As of November 2007,  the burgerservicenummer (BSN) (which has replaced the old fiscal sofi-number) is initiated here and you'll need a BSN to open a bank account. Once you have completed this process, you can get a print-out of your details - uitstrekksel - which proves your residence and rights, such as being able to vote in local and European elections.

Documents required include a passport (valid for a minimum period of your stay); rental contract (in your name); employment contract (if applicable); birth and marriage certificates of all family members (see above for legal format). Registration is free.

You don't have to repeat this process every time you move house: you can generally just visit a local office – stadsdeelkantoor – to update your details (which you are legally obliged to do). You also need to de-register when you leave the Netherlands. The GBA no longer deals with applications for residency permits. For that you must contact the IND.

In Amsterdam and The Hague there's a central location where non-Dutch nationals register for the first time. You need to make an appointment and all members of your family (regardless of age) must be present at the first interview. Once you have registered, contact the IND to make an appointment regarding the residence passport (if required).

New Expatcenter Amsterdam www.expatloket.nl

Amsterdam has a new centre in Zuidas primarily designed for knowledge migrants that has useful information for all expats. The center was officially opened 17 June 2008. (Read Expatia news article New Expatcenter to cut red tape.)

IND
The Immigratie- en Naturalisatiedienst (www.ind.nl – telephone:  0900 1234561 or +31 20 889 3045 outside the Netherlands) implements immigration policy including applications for residence permits, Dutch citizenship, visas and asylum requests. The official policy line is “strict but fair” and efforts are being made to speed up the processes involved. The website has extensive information in English, a Residence Wizard for entering specific circumstances and downloadable brochures and forms. You need to make an appointment and visit an IND office personally to be interviewed, collect a permit or have a sticker put in your passport. Renewal forms are automatically sent to you. The location of offices can be found on the IND website.

What kind of residence permit?
A residence permit (verblijfsvergunning ) is related to your purpose for stay. Your country of origin, purpose for coming to the Netherlands (work, study, marriage, family reunification), income, age and period of residency are the key factors in determining what kind of residence permit you need or are eligible for. There are 29 variations (with plans to reduce that number to five) all individually priced. The most expensive relate to family reunification or formation. Other requirements include no criminal record, proof of means of support Dutch health insurance and no risk to public order, national peace or security.

A temporary residence permit is issued initially and after five years' legal residence it is possible to apply for a permanent residence permit or consider naturalisation. The duration of the temporary residence permit varies. Most permits are issued for a year (and can then be renewed); those issued for work or the knowledge migrant scheme can be longer - up to a maximum of five years.

EU/EER and Swiss nationals
Registration is not compulsory for European Union citizens but a registration certificate "may be handy" as the IND states and there is a procedure for this (IND Registration for EU citizens). You will require proof of GBA registration, health insurance and a valid passport and will also be interviewed about your purpose in the Netherlands. The registration certificate is a one-off stamp in your passport. Nationals of Bulgaria and Romania apply for a different permit: proof of lawful residence. ”There are no immediate consequences if you do not register,” according to the IND,  “because under the EC-Treaty your stay will still be lawful.”  If you have been resident for five years or more you are eligible for the “Permanent Residence for EU Citizens” certificate which costs EUR 30. This applies also to nationals of Bulgaria and Romania and non-EU/EEA/Swiss family members who have lived with you for five years.

Non-EU/EER/ Swiss
All non-EU/EER and Swiss nationals require a residence permit, and may also need an MVV (see below) to enter the Netherlands to stay for more than three months. Once registered with the GBA, you make an appointment with the IND to apply for a residence permit.

MVV (Machtiging tot Voorlopig Verblijf)
This is an authorisation for temporary stay that applies to migrants intending to stay longer than three months (90 days) that can only be applied for outside the Netherlands. An examination covering Dutch language and culture (Civic Integration Abroad EUR 350) is part of the procedure for some nationals. See www.naarnederland.nl for more details of the test. MVV costs vary according to the purpose of your stay. It's a sticker (valid for six months) placed in your passport.

Who doesn't need an MVV?
When applying for a residence permit, there is no MVV requirement for nationals of Australia, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, South Korea, Spain, Sweden, Switzerland, UK, USA, Vatican City.

Independent permits
After three years in the Netherlands, a non-EU national who has a residence permit based on a relationship (a Dutch partner for example), can apply for a permit in their own right (Residence Permit for Continued Residence.

Costs (Feb 2008 see IND website for full list)
Stay with/join a family EUR 830
Additional family members EUR 188
Temporary residence (MVV) EUR 250
Temporary residence (no MVV) EUR 433
Highly skilled migrant (no MVV) EUR 331
Extension EUR 188
Continued Residence EUR 331
Permanent Residence EUR 201

Civic Integration Act
The inburgering (civic integration) legislation obliges those who seek permanent residency in the Netherlands to speak the language and know something of the culture. The main exemption is EU citizens and their partners (there are a few others) .After September 2008, passing the exam (short and long versions) unless exempt, will be a requirement of those applying for permanent residency. Knowledge migrants and those in the the Netherlands for work are exempt while on temporary permits. For more details see www.hoemoetikinburgeren.nl and www.handreikinginburgeringgemeenten.nl/index

Highly skilled migrant scheme
(Kennismigranten)

This scheme is initiated by an employer authorised to admit KM applicants - there's a complete list on the IND site - and it applies to jobs with a gross salary of over EURO 47,565 or EUR 34,881 for under 30 (2008). These salary bands don't apply to teaching and academic positions which are also covered by the scheme (or to footballers who are among those explicitly excluded). A highly skilled migrant may need to get an MVV before applying for a residence permit once in the Netherlands. With an MVV under this scheme, it is possible to start work straight away, while waiting for the residency permit to come through. (Some applicants, who don't specifically need an MVV, also get an MVV for this reason.)

The sponsoring employer deals with the residence application. Since December 2007, foreign students who have completed an HBO/WO (higher education) course can file an application with the IND to remain in the Netherlands for a year to look for a job. This is known as a zoekjaar and during this period they are not eligible for benefits and must support themselves financially. If they find an appropriate job (minimum salary EUR 25, 0000 for new graduates) they can apply for residency under the highly skilled migrant scheme.


Changing permits
Some residence permits cannot be extended. If you switch permits (residency based on a work permit to residency as a KM), you must apply again to the IND with supporting documentation for that permit.

Identification
All residents over the age of 14 must carry ID that shows their residency status (for EU/EER nationals, a passport).

For more information on bringing your partner, family or an au-pair to the Netherlands read 'Bringing the family over'. 

 18 June 2008

Research and text by Ann Maher.

[Copyright Expatica 2008]