In the Netherlands, long-term or permanent residence generally falls into two (and the hidden third) categories:
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Dutch national permanent residence permit, also known as regular permanent residence (onbepaalde tijd), and
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EU long-term residence permit (EU langdurig ingezetene).
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Duurzaam verblijf (exclusively for EU citizens and their family members)
Because various explanations circulate about their eligibility rules, application procedures, and distinctions, this article by Pathway Partners aims to offer a clear and accurate overview to help readers understand how the two types differ.
Dutch Permanent Residence (Onbepaalde tijd)
To apply for the Dutch national permanent residence permit, a person must usually have lived in the Netherlands for five years, meet income requirements, and pass the civic integration exam. All years of lawful residence count toward the five-year total, whether the residence permits held were temporary or non-temporary (unlike the rules for EU long-term residence discussed later).
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Temporary permits include student visas, search-year permits, working-holiday visas, au-pair, and ICT permits (and their family members' permits).
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Non-temporary permits include most work-related permits such as highly skilled migrant (HSM) permits, GVVA permits, orientation-year permits, self-employment permits, and the corresponding family members' permits.
Although all these permits count toward the five-year requirement, the IND strictly reviews whether the residence has been continuous. Any interruption, known in Dutch as a verblijfsgat (residence gap), may cause the application to be refused.
A residence gap occurs when there is a period between the expiry of an old permit and the start date of the new one. Examples include:
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A highly skilled migrant switches employers but the new employer submits the new application late, resulting in a gap.
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A student finishes university but delays applying for a new residence permit (e.g., search-year visa), causing a lapse in lawful residence.
You can usually check for potential gaps by reviewing current and past residence cards. If you are unsure, Pathway Partners provides free preliminary assessments to help identify possible issues. A more detailed explanation of gap types appears below.
If a residence gap has occurred, the applicant must accumulate a new five-year period of lawful residence before becoming eligible for permanent residence again.
Additional Limitations of Dutch Permanent Residence
- Strict main-residence requirement
Holders must stay registered at a Dutch municipal address and may not live outside the Netherlands for over six consecutive months per year, or more than four consecutive months per year over a three-year period. Violating this rule can result in revocation.
- Limited mobility within the EU
Dutch national permanent residence does not grant long-term residence rights in other EU countries. To stay longer than three months in another EU Member State, the holder must apply for a local residence permit using their passport, with no special privileges apart from being allowed to apply from within the EU.
EU Long-Term Residence (EU Langdurig Ingezetene)
For EU long-term residence, only years spent under non-temporary residence permits count fully (e.g., GVVA, HSM, self-employment, researcher permits, etc.).
Time spent under temporary-type permits may be partially counted or excluded entirely. For example:
- Student permits: only 50% counts (e.g., four years of study count as two years).
- Search-year permits: do not count at all.
Applicants should therefore check eligibility carefully, especially if they previously held temporary permits. Pathway Partners can conduct detailed eligibility assessments when needed.
Although the calculation of qualifying years is stricter for EU long-term residence, the rules regarding continuity of residence are more flexible. What practitioners call soft gaps do not necessarily prevent approval.
Hard vs Soft Residence Gaps
Hard Gap Example
Mr. A held an HSM permit that expired. He found a new job two months later. Those two months were spent without any lawful status. This is a hard gap, and none of the previous years can count toward permanent residence or naturalization.
Soft Gap Example
Ms. B's HSM permit expired in July. She enrolled in a university program starting in September. The university submitted her student-permit application in early July, before her previous permit expired. During the application process, she legally remained in the Netherlands under “formal limited stay” (formeel beperkt verblijf). Although she temporarily lacked a physical permit, her stay was still lawful. This is a soft gap and does not affect her eligibility for EU long-term residence (but it does affect Dutch permanent residence and naturalization).
The gap period itself does not count toward the required five years, but it links the two lawful residence periods without breaking continuity.
Other Advantages of EU Long-Term Residence
- More flexible EU mobility
Holders may live in other EU Member States for up to six consecutive years without losing their status. When staying outside the EU, they must re-enter the EU at least once per year to maintain their main-residence requirement.
- Easier relocation to other EU Member States
Under Directive 2003/109/EC, EU countries must offer facilitated immigration procedures to EU long-term residents. For instance, someone holding an EU long-term permit issued by Italy, Spain, or Hungary may apply for a Dutch residence permit under the “economically non-active” category if they have adequate financial resources.
EU Member States may restrict employment during the first year of residence, but the Netherlands does not. Thus, after obtaining a Dutch residence card, EU long-term residents may immediately work in the Netherlands.
Directive 2004/38 Permanent Residence (Duurzaam Verblijf)
Beyond the two types above, the Netherlands also issues a third type of long-term residence under EU Directive 2004/38, known as duurzaam verblijf. This applies only to EU citizens and their non-EU family members who have exercised free-movement rights.
EU nationals may live, work, and study freely in any EU country without a residence permit. Their non-EU family members (e.g., a Chinese spouse of a German national living in the Netherlands) must hold a residence card. After five years of continuous residence with the EU sponsor, those family members may apply for the 2004/38 permanent residence permit.
Key differences
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Dutch citizens and their non-EU family members cannot apply for this status; it applies only to EU citizens who moved from another Member State.
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No Dutch-integration exam or income requirement applies.
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The IND will review whether the family complied with EU family-reunification rules during the past five years (e.g., sponsor's financial sufficiency and employment history).
Holders of the 2004/38 permanent permit may stay outside the Netherlands for up to two years without losing the status. However, they cannot independently move to another EU country; they must relocate together with the EU sponsor. Those seeking an independent status may consider applying for EU long-term residence under Directive 2003/109.
Key Differences
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Dutch citizens and their non-EU family members cannot apply for this status; it applies only to EU citizens who moved from another Member State.
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No Dutch-integration exam or income requirement applies.
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The IND will review whether the family complied with EU family-reunification rules during the past five years (e.g., sponsor's financial sufficiency and employment history).
Application Support
Under Dutch immigration law, the IND may take up to six months to process permanent-residence applications. If you prefer early submission or professional review, the legal team at Pathway Partners can assist with preparing and filing your (EU) permanent residence application.
If you need help assessing eligibility, preparing documentation, or if you currently hold EU long-term residence from another Member State and plan to move to the Netherlands, feel free to contact Pathway Partners at:
Tel / Whatsapp: +31 6 3805 6718
Email: [email protected]