In previous posts, we discussed various permits that are related to non EU citizens’ employment in the Netherlands. However, employment is not the only path to securing a permit. There are numerous residence permits without employment contract with a Dutch employer. You can find all permit types on the immigration authorities’ website. In this article, we will explore four major categories of residency rights that one can obtain without an employment contract. We’ve also added info on the rights to work in each of the residence permits without employment.
1. Study
Student visa
Non EU students at a Dutch university, institute of higher professional education (HBO), secondary school, or vocational education (MBO), may be eligible for a student visa. The primary conditions are meeting the income requirement for students. Moreover the educational institution must be recognized as a sponsor by the Immigration and Naturalization Service (IND). With a student residence permit, one can stay in the Netherlands for the duration of the studies plus three months, up to a maximum of five years. If the study takes longer than five years, the educational institution can apply for an extension of the residence permit.
Non EU students can work in the Netherlands yet under strict conditions. A valid work permit (TWV) is required and there is a restriction in hours per week ( max. 16 hours a week; or fulltime during the months of June, July and August). Moreover, students that work as self-employed individuals do not need a work permit provided that they are registered with the Dutch Chamber of Commerce (KvK). Furthermore, self employed non EU students are not limited in the number of hours that they are allowed to work.
Intra-EU mobility student (Directive (EU) 2016/801)
An Intra-EU mobility student permit is applicable for non EU students with a study residence permit in another EU country. With this permit they can study in the Netherlands for maximally 360 days. The same conditions, such as the student income requirement and recognized sponsorship, apply. The permit is issued for a maximum of 360 days.
The same rules as discussed above apply for working during intra-EU mobility.
Orientation year
An orientation year is another good example of the residence permits without employment. It is applicable to:
- Foreign (non EU) students who graduated in the Netherlands or from a top university outside the Netherlands;
- Foreign (non EU) scientific researchers who conducted research in the Netherlands.
The graduate applies for this permit immediately after graduation or within three years of graduating. No proof of the financial situation is required. The residence permit is valid for one year and cannot be extended.
A holder of an orientation year permit can work for any employer in the Netherlands as there are no requirements in terms of sponsorship or salary level.
2. Family and Partner
Verification against EU law for Union citizen family members
This procedure is applicable if your employee or a a family member is a citizen of the EU, EEA, or Switzerland and the partner and/family wishes to join her/him in the Netherlands.
With this permit, a person can work for any employer in the Netherlands as the employer does not have to be a recognized sponsor though it is always advisable to obtain this status. Furthermore, the person does not need to wait for the application to be approved; they can get a work permit stamp in their passport and start working immediately.
We often see this situation in our work. In some cases this means that your employee can start earlier. For instance, when your employee holds a non EU nationality and her/his partner has an EU passport. Your company is not yet recognized as a sponsor. Applying for that sponsorship is advisable, however the verification procedure makes it possible that your employee already starts working.
This residence permit is valid for five years and can be renewed.
Residence with your minor Dutch child (Chavez)
This type of residence permit is for a caring parent, half-sibling, or sibling with a Dutch child under 18. The Chavez permit is valid for five years and can be renewed.
A holder of Chavez permit is free to work in the Netherlands and does not need a work permit.
Partner permit
Employees with a partner with a valid Dutch residence permit can apply for a partner permit. The residence permit is issued for a maximum of five years and can be renewed.
With this permit, a person can work for any employer in the Netherlands as the employer does not have to be a recognized sponsor though it is always advisable to obtain this status. Furthermore, the partner will have to await the approval for the entry visa MVV. Upon receipt of this they get a work permit stamp in their passport and start working immediately.
3. Asylum
An asylum residence permit is required if a person needs protection due to fear of persecution in the home country based on race, religion, nationality, political opinion, or membership in a particular social group. Additionally, this type of permit might be applicable if the person fears the death penalty, execution, torture, or other inhumane or degrading treatment. Also random violence due to armed conflict in the country might give the right to asylum. An asylum permit is issued for five years and can be renewed.
Working arrangements depend on the stage of the asylum procedure the person is in. If the person has applied for asylum but their application is not yet approved, they can work only after six months have passed from the date of application. Additionally, the asylum seeker needs a work permit. However, as discussed in our previous item, the limitation on the duration of work no longer applies. The same rules apply to working as a self-employed individual.
If the asylum application is approved and the person has an asylum permit, s/he can participate in the Dutch labor market without any restrictions. The permit is issued for five years and can be renewed.
4. Humanitarian grounds
Non-temporary
Non-temporary humanitarian residence permits are issued for the protection of family and private life based on Article 8 of the European Convention on Human Rights (ECHR). This can include situations such as separating from a partner and having joint children who remain in the Netherlands. Also, children placed in foster care or an institution until they turn 18 can apply for this permit. The permit is issued for five years and can be renewed.
Holders of this type of residence permit are free to work in the Netherlands without any restrictions.
Temporary
Temporary humanitarian residence permits are available for victims of human trafficking or witnesses reporting to the police, terminally ill individuals, and those unable to leave the Netherlands through no fault of their own. Children under the supervision of a family guardian by a court can also apply, and if the child’s application is approved, their parents and siblings can also be eligible for a residence permit. Afghan minor girls attending school in the Netherlands, along with their family members, can also apply due to the risk of persecution if they return to Afghanistan.
As you can see, those eligible for temporary humanitarian residence are either children or those who find themselves in a distressing situation. Only those unable to leave the Netherlands through no fault of their own are free to work in the Netherlands. For other individuals holding a temporary humanitarian residence permit, it depends on their age and specific situation whether work is allowed. The humanitarian temporary residence permit is valid for one year. After that, one can apply for the humanitarian non-temporary permit.
Conclusion
As you can see, there are many ways to obtain a Dutch residence permit. If you would like to learn more about each type of permit or have any questions, please feel free to contact us via info.nl@anywr-group.com.
