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In this memo we have summarized the most important things individuals should be aware of when they intend to move to the Netherlands and have to apply for a Regular Provisional Residence Permit (mvv) and/or residence permit. We will also explain what individuals should do in case the residence permit expires and he or she cannot leave the country. Finally, we will discuss what the obligations are for employers when there is a relevant change in relation to the residence permit issued to their employees.

Collecting residence permit

Due to the corona measures, up to and including 28th of April, the IND can only be visited for urgent matters, such as collecting a first regular residence document. In this situation it is only possible to make an appointment with the IND in case the following conditions are met:

  • You travelled to the Netherlands with an mvv; and
  • The residence document is (for example) needed to register yourself in the Personal Records Database (BRP) at the municipality or to apply for a health insurance.

In the situation that your residence permit is granted, but cannot be picked up with the IND, you still have the rights linked to your residence permit. In other words, you are allowed to work in the Netherlands if the (granted but not yet issued) residence permit allows you to work in the Netherlands.

Mvv (provisional residence permit)

It is still possible to apply for an mvv and the IND will remain handling mvv application requests. However, the Ministry of foreign affairs will not issue mvvs until April 28, 2020. If the IND approves the application, you have three months to collect the mvv (but this is only possible after April 28, 2020). The three months period will be extended in case it is not possible to collect the mvv during this period. In case you collected the mvv and the mvv expires before you were able to travel to the Netherlands, you will have to make an appointment with the embassy or consulate as soon as it reopens. The embassy or consulate will reissue an mvv if you can prove that you were not allowed to travel.

The Ministry of foreign affairs only makes exceptions for urgent cases. A case is only classified as urgent if the individual comes to the Netherlands as an employee, highly skilled migrant worker or researcher and can prove that (s)he can travel to the Netherlands and works in certain sectors and processes that are crucial in connection with the COVID-19  outbreak.

Expiration residence permit

In case your residence permit expired with no possibility to extend, you have to leave the Netherlands. The Dutch government acknowledges that it can sometimes be very difficult to leave the country and is therefore not monitoring very strictly. However, the Dutch government expects that you do your utmost best to leave the country in case your residence permit is expired.

Short-stay visa

If your short-stay visa is expired or expires within a month and you cannot leave the Netherlands, you can apply for an extension of your visa. This can only be done via telephone (088 043 04 30). Note that it is only possible to apply for an extension if you still meet the conditions for the short-stay visa and your flight is cancelled and it is not possible to book another flight. The extension is only valid in the Netherlands and will be registered in the European Visa Information System (VIS).

In case your visa will be renewed, you will not immediately have a visa sticker placed in your passport.  Instead of the sticker, The IND will issue a confirmation letter. Note that the visa extension is only valid within the Netherlands.

Employer obligations

Employers are obliged to inform the IND of any relevant changes in relation to residence permits issued to their employees. The employer has to inform the IND about any changes within 4 weeks. Below you will find some examples of relevant changes an employer has to report to the IND:

  • An employee with a residence permit cannot travel to the Netherland and does not meet the conditions for the residence permit anymore (e.g. employees that are not able to work and earn less income than the required salary criteria during this period);
  • The employees for whom you applied for a residence permit will no longer come to the Netherlands.

We will keep you updated. Please feel free to contact us for more information.

bronvermelding: bron fiscaalconsult.nl - auteur: (onderstaand)
Saskia Hemmes-van der Kruk

HBK fiscalisten_expat consultants

HBK fiscalisten_expat consultants

mr. Saskia Hemmes-van der Kruk

071 5422720

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