A June 2024 judgment confirms that residence permits may be required for non-EU workers posted to the Netherlands for longer than 90 days.
If your company operates internationally and posts non-EU workers to the Netherlands—whether for construction, technical work, or service contracts—a recent decision from the European Court of Justice (CJEU) directly affects you.
The case involved several Ukrainian workers employed by a Slovak company. They were posted to the Netherlands to carry out work for a Dutch client in the port of Rotterdam. Even though they had valid Slovak residence permits, the Dutch immigration authorities required them to apply for Dutch residence permits once the posting exceeded 90 days.
The workers (and their employer) challenged this. Was it fair? Was it legal? Could the Netherlands really demand more paperwork when the workers were already lawfully living and working in another EU country?
On 20 June 2024, the EU Court gave a clear answer: Yes, the Netherlands can require additional residence permits—but within reason.
What Does This Mean for Your Business?
Here’s what you need to know in practical terms:
- After 90 Days, a Dutch Residence Permit Is Required
If your non-EU employees are posted to the Netherlands for more than 90 days—even if they have a valid residence permit from another EU country—you must apply for a Dutch residence permit. This isn’t optional. The 90-day rule is based on EU law and applies across the Schengen Area.
The idea is simple: short visits are covered by the original permit, but long stays require fresh approval from the host country.
- The Dutch Authorities Can Set Conditions—But Not Anything Goes
The Court made it clear that the Netherlands may impose permit requirements, but those requirements must be proportionate and non-discriminatory. For example:
- The Dutch government may limit the permit’s duration to the validity of the residence permit in the original country.
- The fee for the application must be reasonable and cannot be so high that it becomes a barrier to doing business.
- The process must not be unnecessarily burdensome compared to internal Dutch procedures.
In the case reviewed by the Court, Dutch authorities charged €290 to €320 per application, while EU citizens pay far less for similar documentation. This price difference was flagged as potentially excessive.
- A Declaration Is Not Enough
Under Dutch law, companies posting workers must file a declaration (known as the “WagwEU notification”) before the work begins. But that alone is not sufficient for postings beyond 90 days. A formal residence permit application is still required.
Even if you’ve already submitted the required documents (contract details, workplace address, social security proof), a separate application must be made for each worker.
- Why Is This Allowed?
The Dutch government argued that these rules help protect its labor market, prevent abuse of free movement rights, and ensure public safety. The Court agreed—to an extent. It acknowledged the Netherlands’ right to verify who is working on its territory and for how long, especially when the workers are from outside the EU.
However, it also emphasized that host countries must not use these rules to create artificial or excessive barriers to legitimate cross-border services.
What You Should Do Next
If you’re a company that relies on non-EU workers and works with Dutch clients, it’s time to take a close look at your posting strategy. Here’s how to prepare:
Plan Ahead: Start residence permit applications well in advance for long-term postings.
Budget Wisely: Include permit fees and possible renewals in your cost calculations.
Keep It Legal: Ensure you comply with both the Dutch notification requirements and EU posting rules.
Review Your Contracts: Clearly outline posting durations, responsibilities, and social security obligations.
Final Word
This ruling does not block cross-border service provision—but it does add structure. For businesses working in the Netherlands with non-EU staff, it’s now crystal clear: after 90 days, your workers are guests who need local permission to stay.
Handled properly, the Dutch residence permit procedure is manageable and predictable. But if overlooked, it could lead to fines, delays, or even legal disputes.
