Chapter 3
in forceResidence
Section 1
Lawful residence
The submission of an application for the grant of a fixed-term regular residence permit or a permanent regular residence permit, or an application…
The filing of an application for the granting of an asylum residence permit shall result in the deferral of expulsion for as long as a decision as…
The submission of an application for the granting of an EU Blue Card shall result in the suspension of expulsion, provided that the foreign national…
For the application of Article 12, paragraph 1, under (b) and (d), of the Act, Articles 2.9, 2.10 and 2.11 shall apply mutatis mutandis.
The period during which aliens are permitted to reside in the Netherlands pursuant to Article 12 of the Act is:
Section 2
The regular residence permit for a fixed period
The restrictions referred to in Article 14, paragraph 3, of the Act relate to:
The right of residence based on a fixed-term regular residence permit is temporary or non-temporary.
Upon rejection of an application for the grant of a fixed-term regular residence permit, such a residence permit may nevertheless be granted ex…
Upon rejection of the first application for the grant of a residence permit for asylum, a regular fixed-term residence permit may nonetheless be…
Without prejudice to Articles 3.6 and 3.6a, the fixed-term ordinary residence permit may be granted ex officio:
Until the moment at which the decision on a first application filed in the Netherlands for the grant of a residence permit for asylum or a first…
By ministerial regulation, cases other than those referred to in Articles 3.6 to 3.6ba inclusive may be designated in which the fixed-term ordinary…
A residence permit for a fixed period may be subject to a condition requiring the provision of security:
The security deposit, referred to in Article 3.7, paragraph 1, under (a), shall be deposited with Our Minister.
The security deposit, referred to in Article 3.7, paragraph 1, under (a), shall in any event be returned by Our Minister to the entitled party:
Our Minister shall calculate interest on security deposits, deposited pursuant to Article 3.7, paragraph 1, under (a).
The security deposit shall be returned and the interest shall be paid as soon as possible after one of the grounds mentioned in Article 3.9…
Obligations arising from the provision of in rem security in accordance with Article 3.7, paragraph 3, shall relate exclusively to costs incurred…
The fixed-term standard residence permit shall be granted under a restriction related to residence as a family or household member to the family…
The residence permit, referred to in Article 3.13, paragraph 1, shall be granted to:
The residence permit referred to in Article 3.13, paragraph 1, shall be granted to the family member, as referred to in Article 3.14, of:
As long as the foreign national or the principal is connected by a marriage or a partnership with more than one other person at the same time, the…
The residence permit, referred to in Article 3.13, paragraph 1, shall be granted if the foreign national and the main person cohabit and maintain a…
The residence permit, referred to in Article 3.13, paragraph 1, shall be granted if the foreign national possesses a valid provisional residence…
The residence permit referred to in Article 3.13, paragraph 1, shall be granted if the foreign national possesses a valid document for border…
The residence permit, referred to in Article 3.13, paragraph 1, shall be granted if the foreign national does not pose a threat to public order or…
The residence permit, referred to in Article 3.13, paragraph 1, shall be granted if the foreign national is prepared to undergo and cooperate with an…
The residence permit referred to in Article 3.13, paragraph 1, shall be granted if the main person has sustainable and independent access to…
The residence permit, referred to in Article 3.13, paragraph 1, shall be granted if the principal person has, for the purpose of the residence of the…
The residence permit referred to in Article 3.13, paragraph 1, shall be granted to a foreign national born in the Netherlands who has not moved their…
When Our Minister has granted a residence permit to a long-term resident from another Member State of the European Union and his family had already…
The residence permit for a fixed period, as referred to in Article 3.13, paragraph 1, shall be granted under a restriction related to residence as a…
The residence permit for a fixed period, as referred to in Article 3.13, paragraph 1, shall be granted under a restriction related to residence as a…
The fixed-term regular residence permit shall be granted under a restriction related to residence as a family or household member to the first-degree…
The residence permit regular for a fixed period may be granted under a restriction related to residence as a family or household member to a minor…
The temporary regular residence permit may be granted under a restriction related to residence as a family or household member to a minor foreign…
The temporary regular residence permit may be granted under a restriction related to residence as a family or household member to the minor foreign…
Our Minister may, in implementation of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, conduct further…
The temporary regular residence permit is granted subject to a restriction relating to residence as an economically inactive long-term resident to…
The temporary regular residence permit may be granted under a restriction related to the performance of activities as a self-employed person to the…
The fixed-term regular residence permit may be granted subject to a restriction related to employment as a highly skilled migrant (kennismigrant) to…
The European Blue Card shall be granted to a foreign national as referred to in Article 2.2 of the Decree on the Implementation of the Foreign…
A fixed-term regular residence permit may be granted under a restriction related to seasonal work to a seasonal worker as referred to in Article 3…
The residence permit for a fixed period shall be granted under the restriction "intra-corporate transfer" to a foreign national, not being a citizen…
The residence permit regular for a fixed period may be granted under the restriction «paid employment» if no ground for rejection applies from…
The fixed-term standard residence permit may be granted subject to a restriction related to activities in the context of cross-border provision of…
The residence permit regular for a fixed period may be granted under a restriction related to seeking and performing work, whether or not in salaried…
The fixed-term regular residence permit shall not be granted under a restriction related to the performance of work as a self-employed person or in…
The fixed-term ordinary residence permit shall be granted under a restriction related to research within the meaning of Directive (EU) 2016/801 to…
The regular residence permit for a fixed period may be granted under a restriction related to work-study training to the foreign national:
The residence permit ordinary for a fixed period may be granted subject to a restriction relating to residence as non-privileged military personnel…
The residence permit regular for a fixed period may be granted under a restriction related to study to the foreign national who is or will be…
A fixed-term regular residence permit may be granted subject to a restriction related to seeking and performing work, whether or not in salaried…
The residence permit regular for a fixed period may be granted under a restriction related to exchange to the foreign national:
A temporary regular residence permit may be granted under a restriction related to undergoing medical treatment, if in the opinion of Our Minister…
The residence permit regular for a fixed period may be granted under a restriction related to temporary humanitarian grounds to the foreign national…
A fixed-term ordinary residence permit may be granted subject to a restriction relating to awaiting a decision on a petition (verzoek) as referred to…
The residence permit regular for a fixed period shall be granted under a restriction related to non-temporary humanitarian grounds to the foreign…
The residence permit ordinary for a fixed period may be granted subject to a restriction relating to non-temporary humanitarian grounds to the…
The residence permit, which is granted ex officio with the application of Article 14, paragraph 2, of the Act, shall be granted with effect from the…
A fixed-term regular residence permit for a residence purpose as referred to in column I may be granted in the first instance for the period of…
The application for the grant of a fixed-term ordinary residence permit shall be rejected if the foreign national does not possess a valid…
A foreign national possesses knowledge at a basic level of the Dutch language and of Dutch society as referred to in Article 16, paragraph 1, under…
An application for the grant of a regular fixed-term residence permit shall not be rejected on the basis of Article 16, paragraph 1, under (b), of…
The means of support referred to in Article 16, paragraph 1, under (c), of the Act are in any event independent if acquired from:
The means of support referred to in Article 16, paragraph 1, under (c), of the Act shall in any event be sufficient if the sum of the wages, as…
The means of support referred to in Article 16, paragraph 1, under (c), of the Act are in any event sustainable if they remain available for one year…
The application for the grant of a fixed-term ordinary residence permit may be rejected on the basis of Article 16, paragraph 1, under (d), of the…
Outside the cases referred to in Article 3.77, the application for the grant of a regular fixed-term residence permit may only be rejected on the…
An application for the grant of a fixed-term ordinary residence permit may only be rejected on the basis of Article 16, paragraph 1, under (e), of…
The application for the grant of a fixed-term regular residence permit under a restriction related to seasonal work, work-study, employment, work as…
The application for the amendment or the extension of the period of validity of the fixed-term ordinary residence permit is submitted in a timely…
An application for the amendment of a fixed-term regular residence permit into a residence permit under a restriction related to non-temporary…
Without prejudice to Article 3.80a, an application to amend a fixed-term ordinary residence permit shall be assessed as an application for the grant…
If a late application for the amendment or the extension of the period of validity of a fixed-term ordinary residence permit has, in the opinion of…
The application for the extension of the period of validity of a fixed-term ordinary residence permit shall not be rejected on the basis of Article…
An application for the extension of the period of validity of a fixed-term ordinary residence permit shall not be rejected pursuant to Article 18…
The application for the extension of the period of validity of the fixed-term ordinary residence permit shall not be rejected pursuant to Article 18…
The application for the extension of the period of validity of the fixed-term ordinary residence permit may be rejected on the basis of Article 18…
Outside the cases referred to in Article 3.86, the application for the extension of a residence permit (verblijfsvergunning) for a fixed period may…
The application for the extension of the period of validity of the regular residence permit for a fixed period which has been granted subject to a…
The application for the extension of the period of validity of a regular fixed-term residence permit granted under a restriction related to the…
The application for the extension of the period of validity of a fixed-term regular residence permit granted under a restriction related to exchange…
The application for the extension of the period of validity of the EU Blue Card may be rejected if:
If Our Minister intends to withdraw the European Blue Card or not to extend its period of validity on the ground of the employer's failure to comply…
The application for the extension of the period of validity of a fixed-term regular residence permit under a restriction related to seasonal work…
An application for the extension of the period of validity of a fixed-term ordinary residence permit shall not be rejected on the basis of Article…
The fixed-term regular residence permit granted under a restriction related to residence as a family or household member shall not be withdrawn on…
The decision to withdraw the combined permit shall take effect three months after it has been notified, unless the combined permit has been withdrawn…
The fixed-term regular residence permit granted subject to a restriction related to exchange, study, employment as a highly skilled migrant, or…
Without prejudice to Article 3.91a, the fixed-term ordinary residence permit granted under a restriction related to study may, in any event pursuant…
The European Blue Card may be withdrawn on the grounds referred to in Article 3.89b, paragraph 1. Paragraphs 2 to 4 inclusive of that Article shall…
The fixed-term regular residence permit granted subject to a restriction related to seasonal work, work-study or employment, work as a highly skilled…
The fixed-term regular residence permit shall not be withdrawn pursuant to Article 19 in conjunction with Article 18, paragraph 1, subparagraph (i)…
Section 3
The residence permit for an indefinite period
The residence permit regular for an indefinite period may be granted to the alien of full age who:
The regular residence permit for an indefinite period may be granted to the foreign national of age who has resided in the Netherlands for ten…
For the application of Article 21, paragraph 1, under (a), of the Act, Articles 3.73, 3.74, paragraph 1, opening words and under (a), and 3.75 shall…
Subject to the corresponding application of Article 3.87, the application for the granting of a regular residence permit for an indefinite period…
The application for the granting of a regular residence permit for an indefinite period shall not be rejected on the ground referred to in Article…
The application for the grant of a regular residence permit for an indefinite period shall be rejected if the foreign national does not possess a…
The regular residence permit for an indefinite period shall not be withdrawn on the ground referred to in Article 22, paragraph 1, subparagraph (b)…
The regular residence permit for an indefinite period may be withdrawn on the basis of Article 22, paragraph 1, subparagraph (c), of the Act, if the…
Section 4
Procedural provisions
Our Minister of Social Affairs and Employment shall establish the basic civic integration examination for the assessment of knowledge of the Dutch…
The foreign national who shall not be admitted to the basic civic integration examination is the one who:
The basic civic integration examination shall be taken under the supervision of an official, employee, authority, or institution to be designated by…
The results of the basic civic integration examination shall not be reconsidered.
The application for the granting, amendment or extension of a fixed-term ordinary residence permit shall be submitted by the foreign national, their…
By ministerial regulation, rules may be established regarding the cases in which the foreign national or their legal representative must appear in…
If a complete application for residence as a family or household member with a holder of a European Blue Card is submitted simultaneously with the…
If the foreign national, pending the decision-making process on a prior application, wishes to change the requested purpose of stay, he shall submit…
an application for the grant, amendment or extension of a fixed-term ordinary residence permit or an application for the grant of a permanent…
If the first application for the grant of a fixed-term ordinary residence permit has been rejected, every subsequent application for the grant of…
If, after the rejection of the first application for the grant of an asylum residence permit, a residence permit has been granted ex officio on one…
Without prejudice to Article 24a, paragraph 1, under (a), of the Act, the foreign national shall, upon the application submitted in person, submit in…
The cooperation of the foreign national, as referred to in Article 24, paragraph 1, subparagraph b, of the Act, consists of:
The foreign national shall, upon the application, submit at least the medical data and other documents relevant to the decision of Our Minister, if:
The application shall be assessed against the law that was in force at the time the application was received, unless the Law provides otherwise or…
If Our Minister grants or extends a fixed-term regular residence permit to a foreign national who is a holder of an EU long-term resident's residence…
If Our Minister decides to withdraw a fixed-term ordinary residence permit or to refuse an application for the extension of the period of validity…
If Our Minister decides to withdraw a fixed-term regular residence permit from a holder of a European Blue Card with a notation that the foreign…
If Our Minister issues an entry ban, Our Minister shall register this entry ban in the Schengen Information System.
The decision, whereby the application for the granting, the amendment or the extension of the period of validity of a residence permit as referred to…
Section 5
The asylum residence permit
With regard to Article 29d, paragraph 2, subparagraph b, of the Act, Articles 3.73, 3.74, paragraph 1, opening words and subparagraph a, and 3.75…
The residence permit for asylum, which is granted ex officio with the application of Article 28, paragraph 1, part c, of the Act, shall be granted…
By ministerial regulation, further rules may be laid down for the implementation of Chapters II, III and V of the Qualification Regulation with…
The residence permit for asylum granted under Article 29c, paragraph 1, or Article 29d, paragraph 1, to a family member of a foreign national who is…
If Article 1F of the Refugee Convention precludes the granting of a residence permit to the foreign national on the basis of Article 29, paragraph 1…
By ministerial regulation, further rules may be established in accordance with Article 28, third and fourth paragraphs, of the Procedure Regulation…
The foreign national shall cooperate in the taking of a facial image and the taking of fingerprints pursuant to Article 106a of the Act.
With regard to the notifications referred to in Article 9, paragraph 3, of the Procedural Regulation, which Our Minister provides to the foreign…
In accordance with Article 18, paragraph 2, of the Procedural Regulation, Our Minister may refuse the foreign national, his legal representative or…
Our Minister may provide the foreign national with the opportunity to make corrections and additions to the report of a hearing.
If the foreign national is assisted by a legal advisor during the hearing, the legal advisor may only intervene at the end of the hearing.
The written intention to withdraw a residence permit for asylum shall be communicated to the foreign national by means of service or dispatch thereof.
In the event that Our Minister grants a residence permit for asylum to a foreign national who is a holder of an EU long-term resident's residence…
Section 6
The status of long-term resident
The application for the granting of an EU long-term resident status shall not be rejected on the basis of Article 45b, paragraph 2, under (a), of the…
For the application of Article 45b, paragraph 2, under (c), of the Act, Articles 3.73, 3.74, paragraph 1, opening words and under (a), and 3.75 shall…
Article 3.96a shall apply mutatis mutandis to the application for the granting of an EU long-term resident status.
The EU residence permit for long-term residents shall not be withdrawn with the application of Article 45d, paragraph 1, under (a), of the Act, if…
In the event that, upon the application of Article 45d, paragraph 1, under (b), of the Act, another Member State of the European Union has confirmed…
Before Our Minister makes a notation pursuant to Article 45c, paragraph 2, of the Act, Our Minister shall inquire with the first Member State of…
Upon notification of the decision, whereby the application for the granting of the EU long-term resident's residence permit is decided upon, the…