The income requirement for an EU long-term residence permit

_{By Maureen Krösschell}

Anna came to the Netherlands 6 years ago as a minor, with her parents. She has become a student and lives on her own. Now, she would like to obtain an independent and permanent form of residence.

In the Netherlands, there are two forms of permanent residency: a permanent residence permit, which is based on national grounds and an EU long-term residence permit, which is based on European Union law. Anna plans to study in Italy for a while and therefore she decides to apply for an EU long-term residence permit. This is because, as an EU long-term resident, she can live in another EU-country up to 6 consecutive years without losing her permit, whereas the permanent residence permit on national grounds only allows her to stay for 6 consecutive months outside of the Netherlands.

One of the requirements for obtaining an EU long-term residence permit is the requirement of sufficient and sustainable means. In other words, Anna must prove that she can provide for herself and that she will not have to apply for social benefits.

To assess whether someone meets this requirement, the IND first looks at income. The requirement applies to the family income, so potentially a partner’s income is counted as well. Anna does not currently have a job that pays enough, as she is a full-time student. She also does not have a partner. Can she still fulfill the requirement?

According to European case law, the IND must take individual circumstances into account when assessing if someone has sufficient and sustainable resources. Anna does not need to apply for social benefits, because she receives a monthly financial contribution from her parents, and she earns some money as a self-employed person with her own business. Moreover, as a student, she has low costs.  

Therefore, Anna has to provide documentation showing that she is unlikely to be dependent on social benefits in the future. Examples of documents are bank statements showing her parents’ monthly support, or a statement from her university proving that her tuition is paid by her parents. Her rental contract showing the low costs of living or invoices from her business to costumers may also be relevant. In addition, savings or passive income, such as income from shares, can be included. Anna’s prospects as a highly educated person might also be of importance, especially if she would be educated in a field where work is in high demand.

In summary, there are possibilities to meet the requirement of sufficient and sustainable resources in ways other than work.

Do you have any questions regarding the EU long-term residence permit and this requirement? Please do not hesitate to contact us so that we can discuss your personal situation.