As is commonly known, there are generally two types of long-term or permanent residence permits in the Netherlands: the first is the Dutch national permanent residence permit, also referred to as the “regular permanent residence” (Dutch: onbepaalde tijd), and the second is the “EU long-term residence” permit (Dutch: *EU langdurig ingezetene*).
Given the varied information circulating regarding the application procedures, requirements and differences between these two types of residence, Amice Advocaten aims to, in this article, provide a clear and accurate overview to help readers better understand the relevant requirements and distinctions.
Dutch permanent residence (Onbepaalde tijd)
To qualify for the Dutch national permanent residence permit, one must generally have resided in the Netherlands for five years, meet financial requirements, and pass the civic integration examination. All years of residence during this five-year period can be counted, regardless of whether the residence permit was of a temporary or non-temporary nature (in contrast to the EU permanent residence, which will be addressed below).
Examples of temporary residence permits include student visas, search year visas, working holiday permits, and intra-corporate transfer (ICT) permits and the accompanying family members.
Non-temporary residence permits typically include various work-related permits such as highly skilled migrant (HSM) permits, GVVA permits, orientation year permits, and self-employed residence permit, as well as their dependent family members.
While all these types of permits contribute toward the five-year period required for the Dutch permanent residence, the Immigration and Naturalisation Service (IND) strictly enforces and examines the residence continuity of the applicant. Any gap in their residence record, known as a “verblijfsgat” in Dutch, could result in the rejection of the application.
A residence gap refers to a lapse between the expiration of an old residence permit and the commencement of the new one. For instance, a highly skilled migrant may work for a new employer at the end of their current residence permit, but if the new employer delays the submission of the new application, resulting in a gap between the two permits, this would constitute a residence gap. Another common example involves students who fail to promptly apply for a new permit (e.g., search year visa) upon graduation, thereby creating a gap in lawful residence.
To determine if you have ever experienced a “verblijfsgat”, you may review your current and past residence permits. For those who are uncertain about it, the professional lawyer team at Amice Advocaten offers a complimentary consultation to assess potential issues. A more detailed discussion on the types of gaps is included later.
In the event of a residence gap, the applicant must accumulate a new five-year lawful residence period before reapplying for permanent residency.
Further, holders of the Dutch permanent residence permits have certain limitations:
- Stricter main habitual residence requirement (hoofdverblijfplaats):
The applicant must remain registered at a Dutch municipal address and must not leave the Netherlands for more than six consecutive months per year, or for more than four consecutive months annually over a three-year period. Violation of this condition may lead to revocation of the residence permit.
- Restricted mobility within the EU
Holders of the Dutch national permanent residence permit cannot reside long-term (i.e. more than three months) in another EU member state without applying for a residence permit in that host country with their passport. Aside from being permitted to submit applications from within the EU, the Dutch permanent residence does not afford the holders additional privileges in other Member States.
EU long-term residence (EU langdurig ingezetene)
The EU long-term residence permit only counts residence accrued under the possession of residence permits of non-temporary nature, such as GVVA visas, highly skilled migrant permits, self-employment permits, postgraduate researcher visas, and their respective family members’ permits. In contrast, time spent under residence permits of temporary-nature may be partially counted or even excluded. For instance:
- Student permits count for only 50% of the duration (e.g. four years on a student visa equals two years toward the five-year requirement when applying for the EU long-term residence);
- Duration of holding the search year visas are entirely excluded from the calculation.
Therefore, applicants are advised to verify their eligibility carefully, particularly if they previously held permits of temporary nature. For assistance, Amice Advocaten immigration lawyers are available for a detailed eligibility assessment for you.
Although the calculation of qualifying years is more stringent for EU long-term residence, the permit offers a greater leniency in terms of residence continuity, particularly what are referred to in practice as “soft gaps” do not necessarily disqualify an applicant.
Let us clarify this by distinguishing between two types of residence gaps:
Hard residence gap
Mr. A, a holder of a highly skilled migrant permit, loses his job and finds a new employment two months after his permit expires. During these two months, he has no legal residence status in the Netherlands. This lapse constitutes thus a hard gap, and the previous period of residence of Mr. A cannot be counted toward any permanent residence applications.
Soft residence gap
Ms. B held a highly skilled migrant permit that expired in July. She enrolls in a Dutch university program that begins in September. The university submitted her student permit application in early July, shortly before her previous permit expired. During the student visa application process, Ms. B resided in the Netherlands under “formal limited stay” (in Dutch: formeel beperkt verblijf). Although she may not hold a valid residence permit, her legal presence is maintained during the formal limited stay. This constitutes a soft gap and it does not hinder the EU long-term residence application.
A hard gap renders previous years of residence invalid for all forms of permanent residence or naturalization.
A soft gap affects applications for Dutch permanent residence and naturalization, but it does not impact the EU long-term residence applications (N.B. the gap period itself does not count toward the five-year requirement, but functions as a “bridge” linking two valid residence periods without breaking the legal continuity).
Besides a more lenient policy on the continuity of residence permits, the EU long term residence permit also renders other significant benefits, as follows:
- Mobility within the EU;
The holder may reside outside the Netherlands but within the EU for up to six years without losing their EU long-term residence status. If outside the EU, the individual must re-enter the EU once per year to maintain their main residence status.
- Simplified immigration to other EU Member States
Under EU Directive 2003/109/EC, EU member states must facilitate immigration processes for holders of EU long-term residence permits. In the Netherlands, holders of such permits from other member states (e.g., Italy, Spain, Hungary) may apply for a Dutch residence permit under the “economically non-active” category, provided they demonstrate sufficient financial means. Member States may not unreasonably restrict the right of EU long-term residents to work after one year of residence. In the Netherlands, no such restriction exists. Thus, once an EU long-term residence holder obtains a Dutch residence card, they may immediately enter the labor market in the Netherlands.
Directive 2004/38 permanent residence (duurzaam verblijf)
In addition to the two primary types of permanent residence, the Netherlands also recognizes a third, lesser-known form of permanent residence (in Dutch: duurzaam verblijf), another form of EU long-term residence under the EU Directive 2004/38. This applies specifically to EU citizens and their family members.
Under this directive, EU citizens may freely move, reside, work, and study in any EU member state without requiring a residence permit. However, their non-EU family members (e.g. a Chinese spouse of a German citizen residing in the Netherlands) must still apply for a residence permit. If the non-EU spouse has resided in the Netherlands with the EU citizen for five consecutive years, they may apply for the 2004/38 long-term residence permit.
Key differences from other long-term permits:
- Dutch citizens and their third-country-national family members with Dutch residence permits do not qualify for this type of permit. It only applies to EU citizens who exercised the EU free movement right;
- No Dutch integration or income proof is required for the application;
- The IND will assess whether the family has consistently met family reunification requirements over the past five years (e.g., sufficient financial support and employment history of the EU sponsor and/or the spouse).
Holders of the 2004/38 permanent permit may reside outside the Netherlands for up to two years without losing their status. However, they cannot independently move to another EU country. Any relocation outside the hose country must be done with their sponsor (the EU citizen). If independence is desired, the individual may consider applying for EU long-term residence under Directive 2003/109, instead of acquiring the 2004/38 long-term residence.
Application support
Under Dutch immigration law, the IND may take up to six months to process a permanent residence application. If you wish to submit the application earlier, our professional legal team at Amice Advocaten can assist you to review and complete the (EU) permanent residence permit application.
For further assistance with permanent residence eligibility or applications, or if you currently hold EU permanent residence from another Member State and wish to relocate to the Netherlands, you are welcome to contact us, via telephone number 030 2300 230 or e-mail info@amice-advocaten.nl