Renew your residence permit on time and prevent a residence gap
Three months before a residence permit card expires you can apply for an extension. The extension application must be received by the IND before the residence permit has expired. If the application is not submitted to the IND in time, a residence gap may arise. In that case, the new residence permit will not be granted immediately after the old one, but will enter into effect on the day that the IND has received the application.
If the new permit card has not been consecutively issued, a residence gap has arisen. There is then a day or more between the end date of the old permit and the start date of the new permit. This means you no longer have an uninterrupted stay.
The consequences of a residence gap
A residence gap has consequences for, for example, applying for a permanent residence permit or for becoming a Dutch national through naturalisation. The years of lawful residence start counting again as of the new residence permit. A residence gap therefore has major consequences for the accrued right of residence because you will lose the years before the residence gap.
Four week term
Since last year, the IND has become more lenient if you have submitted your extension application too late. The IND assumes that you cannot be blamed for submitting the application too late if the application was submitted within four weeks after the expiry of the old residence permit. Provided, of course, that the conditions for extending the residence permit are met. The new residence permit will then still be granted following on from the old residence permit. This relaxation is also included in the policy.
Even after the four-week period, it may sometimes be advisable to challenge the IND’s decision and the residence gap. Our firm has successfully pursued several application for review and appeal procedures to repair client’s residency gaps.