Making sure you have the right paperwork used to be fairly straightforward. Now it's bureaucratic, constantly changing and confusing. Here's why.

On this page:

• IND
• GBA
• EU/EER Citizens
• Non-EU Nationals
• The civil integration test
• Highly Skilled Migrants
• Students
• ID Cards
• Au pairs 
• Fees

Anyone reading the news over the past couple of years will have been aware of the tightening of immigration regulations brought about by the former Minister for Immigration, Rita Verdonk. Since 2004 these changes have been sweeping and far-reaching; changing the system to reflect a sleeker, meaner attitude to immigration.

Some of the changes still being implemented are:

• streamlining the number of categories of residence and entry permits from 29 to five,
• Temporary workers or those on work or study exchanges will receive a non-extendable one year permit, with no access to the social welfare system,
• A second form temporary residency will be available to students or workers with a fixed term contract, for the length of their contract; this can be a first step to long-term residency.

The two main organisations involved in residency questions are the Gemeentelijke basisadministratie persoonsgegevens (GBA) which handles all registration and paperwork as an entrance to the system, and the Immigration and Naturalisation Service (IND), which makes all decisions on immigration and integration.

The guidelines for eligibility depend on several factors which can include: country of origin, length of residence in the Netherlands, purpose (study, work, family reunion or marriage), income, level and sort of education and, in some cases, age. The website (www.ind.nl) set up by the IND to answer most basic questions is reasonably thorough and includes a detailed section in English which is fairly simple to use, but can be confusing if you do not fit into the convenient pigeon holes provided in their 'Residence Wizard'.

Also, be aware that the speed of updating of the English language website tends to reflect their preferences in terms of immigration, i.e. information not related to fees or highly skilled or talent migrants appears to be updated slower.

Some of the recent changes that have occurred include: further honing of the 'highly skilled migrant' fast-track applications; regulations and definitions of family, relatives and 'regular' immigration; lifting restrictions on citizens of new EU states (except Romania and Bulgaria); EU/EEA registration procedure; eligibility for a 5-year permit on entry based on a permanent contract; regulations for self-employed, and those for students and au pairs.

If your situation is particularly complex, seek legal advice.

Also, since 1 January 2005, all residents (Dutch, EU and non-EU) over the age of 14 years have been required by law to provide ID that shows residency rights on request (see ID below).

The IND defines regular immigration as persons who “come here to work, to study or for a family reunification or formation. These forms of residence are based on grounds other than asylum”. All immigration and residence decisions go to the IND, which processes all MVV (temporary residence permits), special visa requests, visa extensions, return visas, emergency visas and residence permits, including permanent. Renewal forms for extensions of residence permits or visas should be automatically sent to you.

Take a look at our most recent article 'Changes in Dutch resident permit application procedures' published 23 October 2007.

The GBA (Gemeentelijke basisadministratie persoonsgegevens) is part of the Civil Affairs Department of the local city, town or district council hall. It handles all administrative aspects of residence permit requests and immigration. Law requires registration with the GBA for everyone (EU/EEA as well as non-EU nationals) residing in the Netherlands for longer than three months and should happen within the first 3-5 days after arrival. It also acts simultaneously as registration in the municipal register, triggers notification of your details to the IND, and the tax office, which in turn automatically connects your details to a SoFi number (required by both employers and the tax office to work).

Important: in most cases, even though the system is set-up to “share” registration information, you will still be expected to go to each of the municipal installations (tax office, etc) to register or request a SoFi number, in person.

It also proves your residence (and therefore your rights) within a municipality, gives you access to government institutions, and is where you will need to exchange your driver's licence (see 'Driving and Parking'). The way you are registered (i.e. number of people in your family) will also automatically determine the charges for water and refuse collection, pollution and local taxes, enable you to register for middle/low cost housing (woonvergunning or huisvestingsvergunning) depending on your income and eventual residence status, and vote in local and European elections.

It is no longer permissible for children over the age of 14 to be listed on their parent's passport and they must have their own.

For EU/EEA citizens this is the place where you will register and get a 'proof of registration' (uittrekksel) (see below). For non-EU citizens, an uittrekksel can help to speed up processes in other departments, or at the tax office, and while not required, can be useful until your documents arrive.

To register at the GBA you will need to provide the following documents: passport (valid for a minimum of the duration of your stay, unless permanent); rental contract (in your name); employment contract (if applicable); birth and marriage certificates of all family members (who also have to appear in person at the first application). These documents may require document authentication referred to as 'legalisation'. Information about legalisation from countries of origin can be given by embassies, the department of civil affairs or the IND.

Under EC treaties, as a national of an EU/EEA member state you only need your passport to enter the Netherlands and do not require a residence document (verblijfsvergunning) to stay, or a work permit to take employment.

For EU/EEA and Swiss nationals (except Romania and Bulgaria), you will need your “proof of registration” to make an appointment with the IND to simply register your residency (verklaring van inschrijving). This process is free, but dependent on initially registering with the GBA. You also must be able to “explain” the purpose of your stay.

Persons from Romania and Bulgaria will need to apply for an EU residence permit, which is valid for 5 years and should be easy to renew.

Former restrictions on people from Poland, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Slovenia and Slovakia have been lifted, and they should follow guidelines for EU/EEA nationals.

If you are entering the Netherlands to work, study, join an EU/EEA family member, marry a Dutch or EU national residing in the Netherlands, or retire, these are all covered under the EC treaties. Residence permits will still be required for immigrants’ family members who are not EU/EEA/Swiss nationals.

Many expats not from the EU/EEA nations must first obtain a 'machtiging tot voorlopig verblijf' (MVV), or authorisation visa for temporary stay, while still in their country of origin. Some expats applying with a long-term or permanent employment contract may come into considerations for a five-year permit on entry.

Also, the family and partner category will allow entry of relatives or partners of: a Dutch national, holder of a long-stay residence permit or a person with asylum status (see 'Bringing the Family'). However, they may be required to take an integration test once here (see below).

As of last year, many of those requiring a MVV will also be required to take a civil integration test in their home country before applying for the MVV (for exceptions see below). This will have an impact primarily, but not only, on those who wish to come to the Netherlands to marry or form a family. In many cases, passing this test will be required before a visa is issued.

The civil integration test can be requested at a Dutch consulate or embassy in your home country and costs approximately EUR 350.

The following groups are exempt from taking the test:
- Persons of American, Australian, Austrian, Belgian, British, Canadian, Cypriot, Czech, Danish, Estonian, Finnish, French, German, Greek, Hungarian, Icelandic, Irish, Italian, Japanese, Latvian, Liechtenstein, Lithuanian, Luxemburg, Maltese, Monegasque, New Zealand, Norwegian, Polish, Portuguese, Slovakian, Slovenian, Spanish, Swedish, Swiss, or Vatican nationality;
- Persons who are coming to the Netherlands for a temporary reason, such as study, au pair work, an exchange, or medical treatment;
- Persons coming to the Netherlands with a work permit and their family members, the self-employed, and knowledge migrants,
- Family members of those granted asylum that are coming for family reunification.
However, as of January 1, 2007 the new integration law (inburgering wet) has been implemented that means that some of those already with residency rights may also be required to take the test.  (see IND website for details).
The application form and information on how to study and take the test is available either electronically from the IND website or hard copy through the Dutch embassy or consulate in your home country.

Once passed, foreign nationals may enter the Netherlands and register directly at the GBA in their own municipality and apply for residence permits. All non-EU/EER nationals above the age of 12 must have their own residence permit, including those from the countries above, the exception to this are children born in the Netherlands. For applications for special visas, emergency visas and return visas contact the IND to request an appointment.

Since October 2004 the IND has been phasing in a streamlined process and permit for 'highly skilled migrants'.  Eligibility is dependent on a variety of factors, which include: income levels, prior registration and agreements between the IND and the employers, and includes a streamlined process for the MVV (see above). To qualify you must be entering the Netherlands for the prime purpose of employment, earning a minimum gross salary of EUR 46.541, or EUR 34.130 if under the age of 30. The income criteria does not apply if you are being employed by an educational or research institute, a doctor in training as a specialist, or are a postgraduate student or university lecturer under the age of 30.

Employers are not required to apply for work permits as they are pre-registered to employ those that qualify (for the list of companies see the IND website). Also, partners of 'highly skilled migrants' are also exempt from needing work permits. Therefore, the entire procedure is now in the hands of the IND and should take only two-weeks for a decision. Permits are normally granted for up to a period of five years, or the duration of the employment contract.

Once the employment contract has been signed, the employer requests the residence permit.

There is also a new category under knowledge migrants for those with special skills ('talent regulation') that is not specifically attached to a company or employment contract. These are renewable two-year permits and can include artists, musicians, etc, but not professional sport players.

In all cases, basic requirements on health insurance and lack of criminal record apply.

EU/EEA nationals

For those wanting to come to the Netherlands to study from a EU/EEA country (with the exception of Romania and Bulgaria), you will need to show when you register at the GBA that you are enrolled in a recognised institute of higher education, that you have health insurance and enough money to cover your education.

For those from Bulgaria and Romania, you will need to apply for an EU residence document (see above).

Non EU/EEA nationals
Undergraduates are not considered to be Highly Skilled Migrants, but their educational institute may apply the accelerated MVV procedure for admissions. Stringent regulations govern permissibility to study in the Netherlands which include; health insurance, a declaration that you have no criminal record or pose a threat to public order, in some cases are willing to undergo a TB test, and have sufficient funds for duration of your stay.

Some courses have entrance exams that include a working knowledge of Dutch, in some cases you may be granted a year to study for the entrance exam, prior to the beginning of your study.

After graduation, students are granted between 1 – 2 years in which to find employment as a 'highly skilled migrant'. Also, the obligation to apply for a work permit has been abolished (see Work Permits).

As of 1 January, 2005 every man, woman and child above the age of 14 in the Netherlands is required by law to be able to produce proof of identity and residence upon request of police and authorities. Which form of identification will be accepted depends both on the situation, and on your nationality. For EU/EER nationals, you may use a valid passport with proof of registration with the IND. For immigrants and nationals of those countries outside the EU/EER, you will be required to carry a current/valid residency permit, 'verblijfsdocument', as a passport will not be acceptable if the question that is being investigated concerns your legal status in the country.

For children who already have residency in the Netherlands, they may obtain a free ID card when they turn 14.

If you want to work as an au pair, or invite one into the country, the following conditions apply: the au pair must be between the ages of 18 and 25, unmarried, have no children, and must not have had a previous residence permit or worked for the same family before. In addition, the candidate will require Dutch health insurance, undergo a TB test, and not be a threat to public order.

If you come from a country in the EU/EEA or Switzerland, you do not need to apply for a residence permit, but you do need to register at both the GBA and with the IND where you will be granted permission to stay for up to 5 years.

For those from Bulgaria and Romania, you will need to apply for an EU residence permit, valid for up to 5 years.

If your country of origin is a non-EU/EEA country and is exempt from the MVV regulation (see non-EU/EEA above), you do not need to pre-apply for a MVV to come to work as an au pair and simply follow standard residence procedure. If you come from a country that normally does require an MVV (see above), you will need to pre-apply.

If granted, all non-EU/EAA permits for au pairs are valid for the period of one year.

All of those coming to work as an au pair are exempt from the civil integration test.

Important: it is now policy to forcibly repatriate au pairs that have over-stayed their permit, but do not wish to return to their country of origin at the end of their contract.

If you working as an au pair and feel you are being mistreated, you can call a government hotline to lodge a complaint: 070 370 3888 (during office hours).

For highlights of changes that govern eligibility of other family members relocating with you, see Bringing the Family. For those who are self-employed, stringent income guidelines apply - see IND website for these.

Registration with the IND for EU/EEA and Swiss Nationals is free. An MVV visa depends on the reason for being in the Netherlands and ranges from EUR 830 to come for family formation (other family members then only pay EUR 188 per person) to EUR 433 for the self-employed or highly skilled migrants, to short-term fixed time visa (study, work or exchange) that cost EUR 250, to extend a student visa is EUR 52. Regular temporary residence permits with an MVV cost EUR 188 as do extensions of a permit, and a permanent residence permit costs EUR 201. For other categories of fees, there is a complete list in the IND English language site.

IND: All immigration and visa inquiries 0900 1234561 (EUR 0.10 per minute) +31 20 889 30 45 (from abroad)
www.ind.nl (English section)

Updated 13 June 2007

[Copyright Expatica News 2006]

Subject: Moving to the Netherlands + residence permits