Different types of permanent residence permits

_{By Anne Wijffelman}

Have you been living in the Netherlands for the past five years? You may be eligible for a permanent residence permit. What are your options and what about the requirements? And, once you have obtained your permit, which rights do you have?

In the Netherlands, there are three types of permanent residence permits: EU long-term residence, permanent residence based on national grounds, and permanent residence for EU citizens and their family members. Depending on your situation, you may be eligible for one of these permits after five years of uninterrupted lawful residence in the Netherlands. In this blog, I focus on the EU long-term residence and the permanent residence based on national grounds.

EU Long-Term Residence and Permanent Residence on National Grounds

If you are a non-EU national, the IND will assess whether you qualify for an EU long-term residence permit first. If you do not meet the criteria, they will check if you are eligible for permanent residence on national grounds instead. In general, the criteria below apply for permanent residence.

Five Years of Uninterrupted Lawful Residence

For EU long-term residence, you must have held a valid residence permit for five consecutive years. Permanent residence on national grounds can be applied for after four years and nine months. For EU long-term residence, study and au-pair permits count for 50% of the time, orientation year does not count at all and certain gaps in residence may be mended. For national permanent residence, all residence permits count fully, including those for temporary purposes (e.g., study, orientation year). However, gaps in residence cannot be mended.

Sufficient Income

For both types of permanent residence permits, you must demonstrate sufficient long-term income. The required income amount is adjusted twice a year (on January 1 and July 1). The sustainability of your income depends on your specific situation. For example, income from paid employment is considered sustainable if it is expected to continue for at least another 12 months but can also be proven with income from the three years preceding.

Integration

You must pass the civic integration exam.

No Temporary Residency When Applying

You cannot apply for permanent residence if you currently hold a temporary residence permit, such as for au pair, study, seasonal work, or an orientation year.

Additional Requirements

You should not pose a threat to public order. Additionally, you must be registered in the Municipal Personal Records Database (BRP) in your municipality and have health insurance.

Benefits of Holding a Permanent Residence Permit

Obtaining a permanent residence permit in the Netherlands comes with several important benefits. Unlike temporary residence permits, which are tied to a specific purpose (such as work, study, or family reunification), a permanent residence permit grants you the right to reside in the Netherlands indefinitely without being dependent on a particular reason for staying.

Unrestricted Access to the Labor Market

One of the advantages of permanent residence is the freedom to work in the Netherlands without a separate work permit. You can be employed by any company, start your own business, or work as a freelancer without additional restrictions related to your residence status.

Protection Against Permit Revocation

A permanent residence permit offers greater security than temporary permits. However, it is not entirely unconditional. Your permit can be revoked under certain circumstances:

• If you leave the Netherlands for an extended period.
• If you commit a serious crime or pose a threat to public order.

Revocation of EU Long-Term Residence Permit Due to Extended Absence

If you hold an EU long-term residence permit, your permit may be withdrawn if:

• You have been outside the EU, EEA, or Switzerland for more than 12 continuous months. A short return of a few days does reset this period.
• You have been outside the Netherlands for more than six continuous years while staying within the EU, EEA, or Switzerland. A short return of a few days does reset this period.

Deregistering from the Dutch Personal Records Database (BRP) usually has no consequences for your status as an EU long-term resident.

Revocation of Permanent Residence on National Grounds to Extended Absence

If you hold permanent residence on national grounds, your permit can be revoked if:

• You have been outside the Netherlands for more than six continuous months, and your stay outside was due to your own choice, not due to force majeure (for example: emergency situations).
• During three consecutive years, you have been outside the Netherlands for more than four continuous months per year. The IND counts each year separately (from January to December) and does not add up separate periods of absence.

Need Assistance?

If you have any questions regarding permanent residency in the Netherlands or your specific situation, feel free to contact us.

Contact us