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Residence permits

If you would like to stay in the Netherlands for more than three months you will need to apply for a residence permit, or verblijfsvergunning. A residence permit can be granted on many grounds and each will have its own conditions and documentary requirements.

Please note, even if you qualify for a residence permit you must have a work permit if you intend to work while in the Netherlands. More information about work permits can be found here.

On 1 June 2013 Modern Migration Policy Act (MoMi) came into effect, bringing with it several changes in the handling of long term residence permit applications. The stated purpose of these changes is to make the immigration procedure more efficient and to expedite the processing of applications.

Under MoMi the application procedure for entry into the Netherlands and the application procedure for permission to remain in the Netherlands for a longer period of time are now combined into a single procedure, requiring the submission of only a single application. Regular permits for work, study or family reunification can be granted for a longer period of time, which means that they will have to be renewed less frequently.

Under MoMi, most migrants must have a “sponsor,” a legal designation that carries with it statutory rights and obligations. The sponsor could be an employer, partner or educational institution. The sponsor has the right to submit an application for a residence permit on behalf of the migrant. The sponsor then has the obligation to provide the IND with accurate information and maintain an up-to-date administration regarding the migrant.

An important modification in the new regulation is that employers of highly skilled migrants can receive the status of “registered sponsor.” Employers must apply to receive this status. More information about the Highly Skilled Migrant scheme can be found here.

Failure to meet the legal obligations of MoMi may result in administrative penalties and could lead to a registered sponsor losing its status. Given the strict enforcement of the IND, it is of great importance to adhere to the requirements of MoMi to prevent sanctions and the possibility of losing registered sponsor status.

If you are considering travelling to the Netherlands for a period longer than three months, if you would like to sponsor a family member or a foreign employee, or if you are concerned about MoMi compliance, please contact one of our immigration specialists at lawyers@devreede-law.nl

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