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.

Visa and Schengen Visa

For visits to the Netherlands shorter than three months, or for tourism a Schengen visa needs to be applied for.

A Schengen visa can be applied for in the country of residence/origin at the local Dutch Embassy or Consulate. At the time of application evidence of the purpose and length of travel must be provided. In general proof of health insurance is also requested.

The Schengen area comprises all countries of the European Union plus Norway, Iceland and Switzerland but excluding Great-Britain, Ireland, Bulgaria, Romania and Cyprus.

In some cases the local Dutch authorities will deny a visa application. The most frequent reason for the denial of a Schengen visa is insufficient evidence of economic or social ties to the country of origin/residence. The assumption being that the applicant will settle in the Netherlands (or one of the Schengen countries) upon arrival – which is not the purpose of the Schengen visa.

In practice it has been proven that an objection to the denial is worthwhile. More often than not the visa denials have been shown to be unsubstantiated.

Kroes Advocaten can file a notice of objection on your behalf.

Stay of 90 out of 180 days (Schengen days) in the Schengen area

Foreign nationals not requiring a visa may stay in the Netherlands or another country, or countries in the Schengen area for a maximum of 90 days in a period of 180 days. They do not need to be in possession of a Schengenvisa. The 90-day period starts to run from the day of first entry into the Schengen area.

Foreign nationals who must be in possession of a Schengenvisa may stay in the Netherlands and the other countries of the Schengen area as long as the Schengenvisa is valid. Here too, the main rule remains that the stay may not exceed 90 out of 180 days.

See here which countries are part of the Schengen area.

The European Commission has created a Schengenvisa days calculator that calculates how many days are left of the 90 days in the 180-day period.

Application for residence permit or in proceedings against rejection of application

This period of 90 days out of 180 days does not apply to foreign nationals who have submitted an application for a residence permit. They may legally reside in the Netherlands because they have submitted an application. Even if the stay is longer than 90 days. Foreign nationals who have objected to the refusal to grant a residence permit also do not fall under the 90 out of 180 days rule. They may also await this procedure in the Netherlands.

Traveling outside the Netherlands during the application for a residence permit or objection procedure?

Has an application for a residence permit been submitted? Or is there a procedure against the refusal of a residence permit? In that case, foreign nationals who are subject to a Schengenvisa requirement need a return visa if they want to travel. This return visa can be applied for at the IND. Foreign nationals will no longer be able to enter the Netherlands without this return visa.

Foreign nationals who do not require a Schengenvisa are not required to have a return visa. Practice shows that a return visa is not even granted by the IND to these foreign nationals. Not even, if it is explicitly requested by the foreign national who does not require a visa, but wishes to have one to avoid any issue with returning to the Netherlands.

Court ruling 90 out of 180 days in proceedings against a refusal of a residence permit

A client of our law firm had a notice of objection procedure pending against the refusal of an application to grant a residence permit. He had left the Netherlands during this objection procedure. He holds the British nationality and therefore did not need a return visa to re-enter the Netherlands. On his return journey at Schiphol, he was nevertheless refused entry to the Netherlands. The reason for refusal was that he would have exceeded (by far) his 90 out of 180 days. In addition, the Netherlands border police (Foreigners police) included the days that he had stayed in the Netherlands during the application for his residence permit and the period the notice of objection was pending, in the 90 days period.

Our attorney-at-law Irene van der Fluit immediately submitted an interim measure to the court to ensure that the client could quickly re-enter the Netherlands. With succes!

The court ruled in favor of Irene van der Fluit and ruled that the 90-day Schengenvisa day period had not started to run, precisely because an objection procedure had been lodged against the refusal of the residence permit. The court even ruled that the Schengenvisa Code is not correctly converted by the IND into the Aliens Act.

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Testimonials
Be in Good Company. Our clients appreciate our excellent and client-oriented service.
10
Navigating the complexities of immigration law can be overwhelming, but Jelle made the process seamless. From our first consultation, it was clear Jelle possesses exceptional knowledge and expertise. He thoroughly understood our situation,...
10
Masha
12 July 2024
As soon as my legal matters were in the hands of Pieter Krop I felt confident and assured that everything was going to work out for the best. Pieter is clearly a specialist his subject matter and consistently proved that throughout the process...
10
James Langley
11 July 2024
We originally obtained the services of Mr. Sander Groen from Kroes Advocaten in 2020 to apply for my European Blue Card for me and my family. Mr. Sander Groen is very systematic in following the procedures and is very friendly. Our...
10
Rajagopal
10 July 2024
I worked with Inge te Pas and Dilara who were responsive and professional from the first consult to the end process of swearing-in and passport application. As a lawyer myself, I appreciate the follow up and thoughtful suggestions made by Inge...
10
Brett
8 July 2024
I am so grateful that Dilara took over my case, as I had a tough situation with my residence permit. Dilara made a step-by-step plan and explained everything I needed to know regarding the application process. Her professionalism and attention...
10
Viktoriia Belskaia
8 July 2024
I got in contact with mr drs Sheryl Goldberg regarding to my complex residence issue. She was the whole time very responsive, even during her holiday time. I am high grateful. During our meetings, she always heard me through carefully and gave...
10
Liang
6 July 2024
I had the pleasure for cooperating with Sander Groen more over 8 years, and I deeply appreciate his professional and invaluable assistance throughout. I highly recommend Sander Groen for all immigration cases
10
Summer
5 July 2024
Inge was so incredibly helpful in my goal of attaining Dutch citizenship. She was kind, informative, and easy to communicate with. I wouldn’t hesitate recommending Inge te Pas with any issues regarding Dutch citizenship.
10
Jordan
2 July 2024
Wij zijn overgestapt naar Kroes Advocaten om bijgestaan te kunnen worden door Anique van den Broek. Haar kennis op het gebied van TEV (voormalig MVV) is subliem. Dossiervorming en punctualiteit is uitmuntend. De aanvraag is tot in het kleinste...
10
Benjamin
1 July 2024
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