EU long term residence permit and Dutch permanent residence permit

Following an uninterrupted stay of at least 5 years in the Netherlands a foreigner may apply for a permanent residence permit: the EU long term residence permit or the Dutch permanent residence permit.

In order to qualify for one of these permits, a foreigner must first pass the integration exam (inburgeringsexamen). Furthermore, the 5 year ‘uninterrupted residency’ criterion is strictly adhered to, and there can be no gap in the period in which the applicant has officially resided in the Netherlands. If you have filed your renewal within 4 weeks after expiry date of your residence permit, this will not be considered as a 'gap' by the IND.

'Formal procedural stay' is also not considered an interruption when you apply for the EU long term residence permit. However, this period does not counts for the 5 years. Read more about 'formal limited right of residence'.

Besides reviewing the length of residency, the Immigration Services (IND) will also make a judgement about an applicant’s ability to financially support themself. After an uninterrupted stay of 10 years this last criteria will no longer be reviewed.

While such a residence permit is issued as indefinite, the actual document in question will be valid for 5 years. Upon its expiration a simple renewal process is required in order to receive a new one.

The EU long term residence permit versus the Dutch permanent residence permit (“onbepaalde tijd”)

In the Netherlands, there are several types of residence permits for independent and indefinite right of residence. Two of these are:

• EU long term residence permit
• Dutch permanent residence permit (“onbepaalde tijd”)

They are both permanent residence permits, and yet different requirements apply to each of them. So, which one should you apply for? The most important differences between these two permits can be summarized as follows.

Required periods of residence

Both permits require five consecutive years of legal stay in the Netherlands at the time that the application is filed.

However, whereas for the Dutch permanent residence permit, all types of different residence permits can be counted fully to reach the five years of stay, this is different for the EU long term residence permit.

In the case of the EU long term residence permit, periods of stay based on a student permit can only be counted for 50%. This means that if you have stayed in the Netherlands with a student permit for four years, that only two years will be counted towards the required five years of stay. Next to this, periods of stay based on a Search Year permit as well as an Intra Company Transfer permit are not counted at all towards the required five years of stay. The reason for this is that these are considered residence rights with a temporary purpose of stay.

Periods of stay based on other residence permits such as the Highly Skilled Migrant permit, the EU Blue Card or the residence permit for self-employment are counted fully, as these are considered permits for a non-temporary purpose of stay. If you have a residence permit for stay with your partner, then the periods of stay can also be counted fully as long as your partner or spouse has a permit for a non-temporary purpose of stay.

If you have a permit with a temporary purpose of stay, or you have previously had one of these permits, then it can take longer for you to fulfil the requirements of the EU long term residence permit compared to the Dutch permanent residence permit.

If you need an overview of your residence history in order to calculate how much time you need in order to reach the required five years of stay, then you can request this from the IND through this link.

Periods of absence from the Netherlands

Once you have obtained either of these residence permits, there are different rules that apply to you as well.

With the Dutch permanent residence permit, you are still required to keep your main residence in the Netherlands at all times. This means that you should in any case not spend more than six consecutive months outside of the Netherlands. If you do, then the IND may withdraw your permanent residence permit.

The EU long term residence permit allows you to spend more time abroad. You are allowed up to 12 consecutive months outside the EU, or up to 6 consecutive years outside the Netherlands but inside the EU.

Also, you do not need to stay registered as a resident in the Netherlands during this time.

Those periods of 12 months or 6 years of maximum stay outside the Netherlands and/or the EU are also simply ‘broken’, after which a new period of 12 months or 6 years of maximum stay outside the Netherlands and EU begins.

For example, if you travel to the Netherlands, even if only for a few days as a tourist, these periods of absence are completely reset, and you can again reside outside the Netherlands and/or the EU for a maximum of 12 months or 6 years. This way, your EU long-term residence permit remains valid.

Favourable conditions to relocate to other EU countries

Unlike the Dutch residence permit, the EU long term residence permit gives you certain advantages when you wish to relocate to another EU member state.

Once you have obtained an EU long term residence permit, then you will be able to apply for a residence permit in another EU country under more favourable conditions. Which conditions will apply exactly, depends on the specific country that you wish to relocate to.

Concluding

• The EU long-term residence permit is easier to maintain than the Dutch permanent residence permit, offering much more security and flexibility for travel and relocation.
• In practice, the EU long-term residence permit is more difficult to obtain because not every residence permit counts, or does not count fully, towards the required five years of residence.

You do not actively need to choose for either of these permits, as there is only one application form to apply for permanent residence. Once you file the application with the IND, they will first check whether you fulfil all the requirements of the EU long term residence permit. If you do not (yet) fulfil these requirements, they will automatically check whether you are eligible for the Dutch permanent residence permit.

Need assistance?

If you have any questions, or need assistance with filing the application, then please feel free to contact us!