From privileged to a ‘normal’ residence permit? MVV visa exemption!

The State Secretary of Justice and Security announced on 19 January 2023, that former privileged foreigners and their family members will soon no longer need an MVV visa if they switch to a regular residence permit. The entry into force of this new legislation is scheduled for 1 July 2023. This means that former diplomats, accredited members of international organizations, accredited members of the administrative, technical or service staff or private servants employed by a foreign diplomatic or consular post or international organization, such as the International Criminal Court, will from that date onwards, no longer have to return to their country of origin for the sole reason of applying for an MVV visa.

Privileged people who have lived in the Netherlands for 10 years

Since 2009, this MVV exemption already existed for foreigners who had resided in the Netherlands for a period of 10 years or more with this special residence status. This is likely because after 10 years they are granted the right to a permanent residence permit. Already back then, it was apparently deemed unreasonable that former privileged foreigners who had been living and working in the Netherlands for 10 years had to travel back to their country of origin to apply for an MVV.

Now also for privileged people living in the Netherlands for less than 10 years

Now there is finally also an MVV exemption for (family members of) foreign nationals who have lost their status as privileged persons, for example due to dismissal or termination of the international agreement on which that status is based, but have not yet resided in the Netherlands for 10 years with this special residence status. It may also occur that a foreign national renounces his privileged status within 10 years and wishes to remain in the Netherlands on another basis, for example as a highly skilled migrant. Traveling back to the country of origin only to apply for an MVV is now also a thing of the past for this group. With this legislative amendment, the MVV policy has been harmonized for all former privileged persons and their family members who wish to transfer to a regular residence permit. For this purpose, the duration of their stay is no longer relevant.

Not relevant for all nationalities

A general MVV exemption already exists for former privileged foreigners with the nationality of EU and EEA member states, America, Australia, Canada, Japan, New Zealand, United Kingdom, South Korea and Vatican City. This change in the law is therefore only relevant for former privileged persons who have a nationality other than the above-mentioned countries. 

Need help?

The immigration law specialists at Kroes Advocaten Immigration Lawyers can help you and your family members’ transition from a special residency status as privileged persons to a regular residence permit. Contact us through our website so we can discuss an appropriate approach!