Two Types of Permanent Residence Permits in the Netherlands: This is What You Need to Know About Them

Many people know that there are two types of permanent residence permits in the Netherlands: the regular Dutch indefinite permit (“regulier onbepaalde tijd” or Type II permit) and the EU long term permit (“EU langdurig ingezetene” or Type V permit). Both permits require the applicants to have lived in the Netherlands for five consecutive years, to pass the integration exam, and to have sufficient & sustainable income. However, few people know the specific differences between the two. In this article, we tell you everything you should know about the two types of permanent residence permits in the Netherlands.

Years are calculated differently

What the EU long term permit and the Dutch indefinite permit have in common is that the duration of non-temporary residence cards is fully counted towards the required five year term. Non-temporary residence cards include residence permits for the purposes of regular employment, highly skilled migrants, scientific researchers, European blue card and self-employment etc.

What differs is how the duration of temporary residence card is calculated. When you apply for an EU long term permit, some types of temporary residence cards (such as, study) are only counted for 50%, and some other types (such as, search year) are not counted at all. For example, if you have stayed 4 years on a student residence permit in the Netherlands, only two years (ie. 50% of the four years) will be counted towards EU long term permit. If you change your purpose of stay to a search year permit, the search year will not be counted at all. When you apply for a Dutch indefinite permit, on the other hand, all the various types of temporary residence cards will be counted in full, provided that there is no residence gap (‘verblijfsgat’).

Main residence requirements are different

After obtaining a Dutch indefinite permit, your main residence should still remain in the Netherlands. This means that you should try not to stay longer than three consecutive months outside the Netherlands. If you stay outside the Netherlands for a period of 6 consecutive months, or periods of 4 consecutive months each year for 3 years in a row, the IND can revoke your indefinite permit. In other siutations, the IND will examine the factual circumstances and can make the same decision.  The main residence requirements for an EU long term permit are more lenient: you can live in other EU countries for up to six years without losing your Dutch EU long term permit; Alternatively, if you stay outside the EU, you must re-enter the EU at least once every 364 days. This stance has recently been confirmed by the European Court of Justice in the case of ZK v. Landshauptmann von Wien.

Different preferential treatments in other EU countries

According to the EU Directive 2003/109, EU countries must have relatively favourable immigration policies for EU long term permit holders. For example, the Netherlands allow third country EU long term permit holders to obtain an “economically inactive” residence permit in the Netherlands when they can show sufficient passive income from their assets. Another benefit is that, on the basis of the EU Directive, after one year of residence in another EU country, a holder of an EU long term permit shall gain unlimited access to the labour market. When, for example, you have an EU long term permit issued by the Dutch Government and want to work in Germany, the German Government may ask you to apply for a German work permit during your first year in Germany. However, after one year of legal residence in Germany, by EU laws, German Government must allow you to gain unfettered access to German labour market. In practice, it means that you no longer need a German work permit.

Different procedures for moving to other EU countries

When you have a Dutch indefinite permit and want to move to Germany, you will need to go to the German Consulate-General in Amsterdam to apply for a German Schengen Type D visa. After you acquire a D visa, you will need to go to the German local foreigner office (Ausländerbehörde) to apply for a German residence permit. If you have an EU long term permit, you don’t need to go to the German embassy or consulate, you can go directly to the German local foreigner office to apply for a residence permit.

In general, the EU long term permit is more lenient with regard to the issue of main residence, and it can also give cardholders better treatment in other EU countries. Therefore, if you are currently holding a Dutch indefinite residence permit, but want to enjoy the benefits of other EU countries, we advise you to contact a professional lawyer as soon as possible and to submit your application for an EU long term permit.

Both types of residence permits use the same application form

It is important to know that both types of permanent residence use the same application form, and that the Dutch Immigration Service (IND) will first examine whether the applicant meets the conditions for an EU long term permit. If these requirements are met, the IND will directly issue an EU long term permit. If not, the IND will continue to review whether the applicant meets the requirements of the Dutch indefinite permit.

Different processing times

According to Dutch immigration laws, the IND has six month time to make a decision on your application for EU long term stay. On the other hands, the IND has only a statutory period of three months to make a decision on your application for Dutch indefinite permit. If you know that you only qualify for a Dutch indefinite permit, you probably want to obtain your indefinite permit within three months (instead of six months). However, as mentioned above, the IND uses the same application form for both types of permanent residence permits. In this situation, you do need to write a letter to the IND, pointing out that you are only applying for the Dutch indefinite permit, and that the IND has only three months (rather than six months) to process your application. Depending on the merits of your case, Mynta Law may help you obtain your well-deserved permanent residence permit in an expedited manner. Please feel freel to contact us through filling out the contact form. One of our experts will contact you shortly.