Migration law  in this day and age.

Do you want to move to the Netherlands for work or family reunification? Are you looking for advice on obtaining a residence permit or naturalisation to Dutch citizenship? Or are you dealing with the renewal or revocation of a residence permit?

When Migration Law is relevant to you

Migration law, also known as ‘aliens law’, regulates the right of residence in the Netherlands. This includes admission, residence and naturalisation as a Dutch citizen. Important topics within migration law are family reunification, labour migration and the renewal or revocation of a residence permit.

The lawyers of the Migration Law section at Delissen Martens have years of experience and are recognised authorities in this area of law. They advise individuals, companies and (semi-)governmental bodies on the regulations concerning residence in the Netherlands. Thanks to their expertise, they can quickly assess your situation and provide you with tailor-made advice. We look beyond the legal aspects and consider the full picture.

Migration law is a complex area of law, but our specialists will guide you through the procedures, whether it concerns labour migration, family reunification or other residence-related issues.

Our migration law lawyers in The Hague are at your service throughout the Netherlands

Are you looking for a migration law lawyer? You are welcome to come to our office in The Hague. Our migration lawyers have the right knowledge and expertise to assist you. Although our office is located in The Hague, we operate throughout the Netherlands. See below our team of relevant counsel
in the field of migration law .

Jeroen Maas
Questions about this area of law?
Please contact Jeroen Maas

Website ‘mvv.gezinshereniging.nl’

Looking for more information on migration law? On mvv-family-reunification.nl you will find comprehensive information and advice, specifically focused on issues related to migration law and family reunification. Visit the site for a clear overview of the main procedures and requirements.

To mvv-family-reunification.nl

Questions and answers

How do I apply for a residence permit and what are the conditions?

To obtain a residence permit in the Netherlands, you must apply to the Immigration and Naturalisation Service (IND). Depending on your situation (work, study, family reunification, etc.), there are different types of residence permit. If you are from outside the EU, you will often first need to apply for a temporary residence permit (MVV), which is a special visa to enter the Netherlands.

  1. Special conditions apply to an MVV application for family reunification:
    The person who wants to come to the Netherlands usually has to take a basic integration test at the Dutch embassy or consulate in the country of origin.
  2. Both the sponsor (the person already living in the Netherlands) and the partner or spouse must be at least 21 years old. Children must be minors at the time of application.
  3. The sponsor must prove that he or she has a sufficient and stable income to support the family members without relying on public resources such as income support.

For further information see Conditions MVV | Family reunification (mvv-family-reunification.nl)

How can I appeal against a refusal of a residence permit?

If your application for a residence permit has been rejected, you have four weeks to lodge an appeal with the IND. This period starts on the date the refusal was sent. It is important that the appeal is received by the IND within this period, otherwise it cannot be considered. The appeal must be in writing and it is recommended that you send it by post as well as by fax. The latter will give you proof of receipt, which may be necessary if the appeal is submitted on the last day of the period.

In the notice of appeal, you must state why you disagree with the decision. If you do not have all the necessary documents or arguments at this stage, you can file a 'pro forma' appeal. This means that you complete the grounds of appeal later. The IND will give you extra time to do this.

If you cannot wait for the opposition to be filed in the Netherlands, you can also apply to the court for an interim injunction. You must make this application quickly, often within 24 hours of the rejection, depending on the nature of the decision.

If the IND rejects your objection, you can appeal to the court. The court will then consider whether the IND followed the correct procedure and legal requirements.

What visas are available for entrepreneurs?

Various residence documents are available for entrepreneurs who want to come to the Netherlands:

1. Residence permit independent entrepreneur

This residence document is intended for entrepreneurs who want to set up their own business or already have a business and want to expand it to the Netherlands. One of the main requirements is that the entrepreneur must demonstrate that the business adds value to the Dutch economy. The assessment is done using a point system, where points are awarded based on your experience, the business plan and the economic importance of the business for the Netherlands.

2. Residence permit startup

This residence document is specially designed for entrepreneurs who want to set up a startup in the Netherlands. To qualify, you must work with a recognised facilitator. This is an organisation that guides you in setting up your business, for example by helping you with funding, networking and the operational side of your business. Innovation is central to this scheme, meaning that your startup must be innovative and can contribute to the Dutch economy or technological progress.

3. Visa short stay business visit

A short stay business visit visa (Schengen visa) is a permit that allows non-EU citizens to stay in the Netherlands or other Schengen countries for business purposes for up to a maximum of 90 days within a 180-day period. The visa is intended for people who want to travel to the Schengen area for business trips such as meetings, conferences or negotiations.

Team migration law

Jeroen Maas

Attorney at law/partner

Annieke Lensen

Paralegal

Mirthe Fukur

Paralegal

The latest

Up to the minute

Friday 12 April 2024

Why hire a lawyer for an MVV application?

MVV application

Applying for a residence permit for the purpose of family reunification does not require the use of an attorney. Nevertheless, it may be advisable to have a lawyer prepare and submit the application. In his blog, Jeroen Maas elaborates on the advantages of professional guidance by a lawyer.