Visa and residence permit
The Immigration- and Naturalization Office (IND) is part of the Dutch Ministry of the Interior and Kingdom Relations. The IND handles all immigration and asylum related cases and decides about all residence permit applications. The IND does this in compliance with the Dutch Immigration Policy, the Aliens Act (Vreemdelingenwet) and the Dutch Nationality Act (Rijkswet op het Nederlanderschap). These regulations are established by the Minister of Immigration and Asylum. As of October 14 2010, Gerd Leers holds this position.
Foreigners who intend to stay in The Netherlands for longer than three months have to apply for a Dutch residence permit. This application takes two steps:
1. First an application for an Authorization for Temporary Stay (Machtiging tot Voorlopig Verblijf – MVV) is submitted by the Dutch embassy in the country of origin of the applicant. After approval of the IND, the embassy will issue the MVV. This is a sticker placed in the passport of the applicant and gives the right to enter The Netherlands.
2. Within 6 months after receiving the MVV, the applicant must apply for a residence permit (Vergunning tot Verblijf- VVR) in the Netherlands.
If the intended stay in the Netherlands is shorter than three months, a tourist or business visa is sufficient. A MVV-application is not nescessary.
Because of the Free Movement of Persons Act, EU-, EER-members and Swiss nationals have other rights and do not need to apply for a MVV. They don't need to apply for a regular residence permit as well, they only have to register with the local government and with the IND in order to obtain a sticker of residence on their passports. The Alien Law makes an exception to nationals of Poland, the Czech Republic, Estonia, the Republic of Latvia, Lithuania, Hungary, Slovenia and Slovakia: they are exempted from the application of a MVV, but they have to apply for a regular residence permit after arrival in The Netherlands.
Nationals of Switzerland, Sweden, Austria, Canada, Japan, Monaco, New-Zealand, Norway, Vatican City and the United States are exempted from the MVV-application as well.
Most applications are based on:
1. family reunion;
2. employment (including high skilled migrant);
3. self-employment;
4. study.
Main Conditions:
1. valid passport;
2. no criminal record;
3. no risk to public order, national peace or security;
4. sufficient means of support;
5. positive tuberculosis inspection (exempted for EU- or EER-members or nationals of Swiss, Sweden, Austria, Canada, Japan, Monaco, New-Zealand, Norway, Vatican City and US);
6. health insurance covering The Netherlands;
7. meeting the requirements regarding to the reason of stay (this is different in each case).
Because the Netherlands have a very strict immigration policy, the legal process of an application can take a long time and is very complicated. Laws and regulations are changing constantly.
