Every year we are in the top 3 of the best law firms in the Netherlands in the field of client satisfaction.

Every year we are in the top 3 of the best law firms in the Netherlands in the field of client satisfaction.

Dutch American Friendship Treaty

US entrepreneurs and business proprietors benefit from a preferential immigration scheme, based on the Dutch American Friendship Treaty.

According to article II of the Friendship Treaty, US nationals are allowed to remain in the Netherlands:

a. for the purpose of carrying on trade between the USA and the Netherlands and engaging in related commercial activities, or:

b. for the purpose of developing and directing the operations of an enterprise in which they have invested, or in which they are actively investing a substantial amount of capital.

An US national has to invest the ‘substantial amount’ of EUR 4,500 in the Dutch enterprise. Applicants are considered independent entrepreneurs if they own at least 25% of (the shares of) the company. The company itself has to be registered with the Dutch Chamber of Commerce. The applicant will have to submit an opening balance for the Dutch company and a business bank account with the residence permit application. The opening balance documents must be prepared by a Dutch bookkeeper with a BECON number.

Spouses and underage children are allowed to join the entrepreneur. The spouse can work in the Netherlands for any company without a work permit, or also start to work as an entrepreneur.

Your first DAFT permit

Since April 2024, the IND has implemented a pilot policy for processing applications for self-employment permits under the Dutch American Friendship Treaty (DAFT):  first time applications for a permit for self-employment under the DAFT are granted within 4-6 weeks of the application’s submission and while the IND checks to see if the applicant has any antecedents, there is currently no review of whether the applicant meets the specific requirements for the residence permit.

Renewing your DAFT permit

However, come time to renew the residence permit, the IND checks if the applicant retroactively met the requirements for the residence permit within the 6 months after the residence permit card was issued. As a result of the pilot policy, the IND is now more closely monitoring and assessing renewal applications. If the criteria for the permit have not been met within the first 6 months, the IND can retroactively withdraw the residence permit with the consequence that the applicant loses the accrued rights of residence over that period of time.

Criteria for Renewal

To meet the criteria for renewing a residence permit for self-employment under the DAFT, aside from

  • maintaining the required registrations such as the registration in the population register, BRP, and Chamber of Commerce,

the sole-proprietor/business entity must show

  • that they have maintained the minimum required investment of capital in their business and
  • that there has been some business activity.

 

Many entrepreneurs assume that keeping a business bank balance of €4,500 satisfies this requirement. This is unfortunately not the case.

Maintaining Equity

For sole-proprietors, the amount of the invested capital is the amount of equity or assets invested in the business.  For a limited liability (B.V.) the amount of capital invested is equivalent to the amount of the (paid-up) shares and the accrued revenue minus dividends or reserves.

Equity refers to an entrepreneur’s stake in the company and represents the residual value of a company after all its debts and liabilities have been settled.  The equity in the business equals the assets minus the liabilities and/or losses. When the company, whether it is a sole proprietor or a BV (LLC) incurs more expenses than revenue, the equity will be affected and may become less than what is required by the IND.

Furthermore, when a sole proprietor withdraws cash of personal use, this will also affect the equity.

A simple example is, a B.V. has €5,000 in assets but has a tax debt of €1,000, then the remaining invested capital is only €4,000. The equity is below the IND required threshold of €4,500 at which point the criteria for the residence permit are no longer being met.

To offset the equity from falling below the required minimum threshold, the sole proprietor can transfer personal capital into their business. For entrepreneurs with a B.V., an increase in equity can be achieved by making a share premium contribution. This is an additional payment from the shareholder to their company above the nominal value of shares. It enables the company to receive equity funding without making formal share capital changes. Please do however note that there are tax consequences involved in share premium contributions.

When renewing your residence permit for self-employment under the Dutch American Friendship Treaty (DAFT), the IND asks for a recent balance and profit /loss statement. When starting your business under the DAFT, it’s therefore advisable to invest more than the required IND threshold to mitigate the impact of expenditure and debts on the equity of your business. Timely assessment and review of financial statements can influence the outcome of your renewal application.

If you need advice or assistance with your renewal application, give us a call. We work with experienced financial professionals who can also support you with this process.

Want to know more about this subject?

Sheryl can help you.

Testimonials
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Anique was een enorm fijne advocaat die niet alleen haar werk uitstekend deed, maar ook persoonlijk aanvoelde. Enorm lief, duidelijk in contact en fijn in omgang. Ik zou iedereen aanraden die door een immigratie proces gaat om bij Anique dit...
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Suzanne
12 June 2026
This was our first introduction to Kroes Advocaten Immigration Lawyers and specifically Inge te Pas. Our enquiries around visas for our relatively new business in The Netherlands were quickly understood and the options open to us were...
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Graeme Mawson
12 June 2026
Kroes Advocaten provided excellent support with the extension of my Highly Skilled Migrant visa. The process was handled professionally, clearly, and efficiently from start to finish. They communicated well, answered my questions, and made the...
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Aleksa Stojanovic
11 June 2026
Kroes Advocaten is a fantastic immigration law firm to work with, specifically, Anique van den Broek. Anique understands immigration law inside and out and she knows exactly how to counsel, prep, and position her clients to get the best...
10
Michael
10 June 2026
I am very satisfied with the support I received during my visa application process. The team was professional, responsive, and provided clear guidance throughout. Their expertise and timely communication made the process smooth and stress-free....
10
Tessei Kamijo
9 June 2026
It was lovely to engage with the firm and Inge on the process. Inge made it so much easier for us to navigate our application with expert advice.
10
Bhav
9 June 2026
Agata was so helpful, informative, compassionate, forthright and timely in helping me and my son secure our permits. We will forever be grateful. I highly recommend hiring Agata Marchwicka for any immigration needs.
10
Britt
8 June 2026
Wat ben ik tevreden en vooral blij!!! In verband met gezinshereniging heb ik medio januari 2026 Kroes Advocaten opdracht gegeven om namens mij de aanvraag voor gezinshereniging bij de IND te doen. Ik werd door Edward heel vriendelijk en vooral...
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John
8 June 2026
When I first read the document and procedure requirements for my Citizenship pursuit, I thought it would be almost impossible. Partner Advocaat Inge te Pas did a great job from the start to understand my personal situation and devise a...
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Antonius (Nito) Waals
6 June 2026
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