In 2021 and 2020 we are the best-rated law firm in the Netherlands in terms of client satisfaction.

In 2021 and 2020 we are the best-rated law firm in the Netherlands in terms of client satisfaction.

Moving your main residence has consequences for your residence permit

Holders of a residence permit must have their main residence in the Netherlands. This means that they must live in the Netherlands. No longer being registered in the Municipal Personal Records Database (BRP) or reporting departure abroad to the Tax Authorities may be reason for the IND to assume that someone has their main residence outside the Netherlands. The result is that the IND can withdraw the residence permit or that the IND decides not to renew the residence permit.

It depends on the type of residence permit how long the holder can stay outside the Netherlands. The main rule for a temporary residence permit holder is that the person may stay outside the Netherlands for six months in a row or no longer than four months for three years in a row.

There are a number of exceptions to this rule. For example, holders of a residence permit as a knowledge migrant may work outside the Netherlands for a maximum of eight months every twelve months. They must ensure that they continue to meet the conditions of their residence permit during their stay outside the Netherlands. Other rules also apply to (among others) students, European Blue Card holders, employees who have been transferred on the basis of Directive 2014/66/EU and EU long-term resident permit holders.

Last year, the High Administrative Court ruled in two cases that the IND should not only look at the factual situation, but that the intention of the foreigner must also be taken into account, insofar as that intention is evident from his behavior. This has also been adjusted in the policy since October 1, 2023. For example, if the holder of a residence permit has stayed outside the Netherlands for longer than 6 months due to travel restrictions during COVID-19, the IND cannot withdraw or not renew the residence permit only based on the actual situation.

If you have any questions about having your main residence in the Netherlands or if you are unsure about the time you can stay outside the Netherlands, you can of course contact us.