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 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.