Conviction, penalty, or fine: what does this mean for your residence status?

Have you been convicted of an offence or received a fine? Worried about how this affects your immigration status in the Netherlands?

A conviction can have serious consequences. But it does not automatically mean that:

• your residence permit will be withdrawn, or
• you cannot apply for a stronger residence permit later.

Type of penalty matters
The IND looks at the penalty you received. For example: a fine, prison term, or a conviction without a penalty. They also consider the maximum prison term for the offence.

Withdrawal, refusal of extension or permanent residence
If you received a prison sentence for an offence with a maximum penalty of six years or less, the IND may apply a sliding scale. This compares your sentence with how long you have lived in the Netherlands.

In short: the longer you have lived here, the higher the penalty threshold before it affects your right to stay.

• Example: If you have lived in the Netherlands for 5–6 years, you could be sentenced to up to 15 months in prison before the IND may withdraw your permit or refuse an extension.

Similarly, the IND should only reject an application for Dutch permanent residence or EU long-term residence if you:

• received one of the specific penalties listed in Dutch immigration legislation, or
• the application of the ‘sliding scale’ leads to rejection.

If you received a fine, whether this will have consequnces will depend on the amount of the fine.

Naturalisation
The rules for naturalisation are much stricter. Even a fine of €900 or more in the 5 years preceding the application, or multiple fines of €450 in that same 5-year period, can be grounds for rejection of your application.

Need advice?
Every case is different. Our team can review your situation and explain your options. Contact us!