Self-employed artist allowed to continue working during residence permit proceedings

A self-employed artist who had applied for a residence permit to work as a self-employed person after her orientation year residence permit (“search year visa”) has been granted the right by the court to continue working while her application is being assessed.

Our attorney, Dilara Karasahin, successfully represented the artist in this case.

The court ruling shows that a pending residence permit application for self-employed work does not necessarily mean that an independent artist must temporarily stop working.

What was the case about?

The case concerned a British independent artist. She is living in the Netherlands on a residence permit for the orientation year for highly educated persons, and applied on 8 October 2026, to change her residence permit status into a residence permit for self-employed work (self-employed person).

While awaiting a decision on her application, she received a residence endorsement sticker from the Immigration and Naturalisation Service (IND) stating:

“Work permitted; work permit required.”

This labour market notification meant that she is not permitted to work as an entrepreneur (self-employed professional) while the IND is assessing her application. This application procedure can take from 6 to 9 months. For an independent artist, this is naturally problematic. Such artists frequently work for various clients on a project-by-project basis, and this restriction to work effectively prevented her from earning any income at all.

Consequently, Dilara Karasahin filed an objection against this labour market notification on the residence endorsement sticker and simultaneously requested an interim measure from the court. She asked the court to rule that her client is allowed to continue working as a self-employed artist, during the objection proceedings. The court handled the matter expeditiously, issuing a court ruling within one week.

The court gives the green light

The IND indicated that the IND would not oppose the requested interim measure. On November 4, 2026, the judge at the District Court of The Hague (sitting in Amsterdam) granted the request.

This means that Dilara’s client can continue to work as a self-employed artist until the IND has reached a decision on the objection filed against the residence endorsement  sticker regarding the labor market notification.

Why is this ruling important?

The issue extends beyond this individual case. In previous proceedings, independent artists have encountered the same problem: they were not automatically permitted to continue working as self-employed professionals while their residence permit applications to work as a self-employed person were being assesed by the IND.

This can have significant consequences. An independent artist who must wait months for an IND decision may miss out on commissions, exhibitions, and collaborations during that period. Furthermore, the loss of work can have an immediate impact on their income and the ongoing development of their career in the Netherlands.

The court ruling demonstrates that, in such a situation, there are indeed ways to continue working while the application procedure is underway.

What does this mean for other self-employed artists?

This court ruling does not mean that every artist who has applied for a residence permit as a self-employed person is automatically permitted to work while their application is being processed. The ruling concerns a specific case decided by a court.

Furthermore, the Immigration and Naturalisation Service (IND) has not yet reached a final decision regarding the objection filed, or on the application for a residence permit to work as a self-employed person.

Nevertheless, the ruling is practically relevant. If a self-employed artist receives a residence endorsement sticker during the application procedure that includes a labour market notification —effectively preventing them from working as a self-employed person—they do not necessarily have to accept this. It is possible to file an objection and request that a court rules in favour of allowing to continue working while the application for a residence permit as a self-employed person is pending.In such situations, it is important to act quickly, especially when specific commissions, projects, or exhibitions are already scheduled.

In summary

If you applied for a residence permit to work as self-employed person following your orientation year permit (‘search year visa’), and you are, because of the IND residence endorsement sticker,  temporarily no longer permitted to work:

• Have your situation assessed to find out whether an objection and interim measure at the court, could be an option.

Please do not hesitate to contact us, if you find yourself in this situation!