Lost your job while your long-term residence application is pending: what now?

What happens if you lose your job while your Dutch long-term residence application is pending? Key legal rules, income tests, and steps to protect your case.

Feb 23, 2026 · 14 min read

If you are applying for EU long-term resident status (EU-langdurig ingezetene) or Dutch permanent residence (verblijfsvergunning regulier voor onbepaalde tijd) in the Netherlands, you already know the process is evidence-heavy, especially on income.

A common stress scenario is this: you submit the application with a job contract, and then you get laid off (or your contract ends) before the IND decides.

This article explains what matters most, what the IND will look at, and what you can do to protect your case.

First anchor point: have you completed 5 years of lawful residence?

For EU long-term resident status, one core requirement is that you have lived at least 5 consecutive years in the Netherlands with a valid Dutch residence permit, subject to absence limits.

That's why the timing of job loss matters:

  • If you lose your job before you reach 5 years, the priority is often: avoid losing lawful residence (because a break can derail eligibility). There are certain administrative measures that could avoid a residence gap. If you are struggling getting a continuous residence record in the Netherlands, contact Pathway Partner.

  • If you lose your job after you have already reached 5 years, and you have submitted the long-term residence application, you may still be eligible, but you must still keep lawful residence and meet the income test at the relevant moments.

Also note: when you apply for Dutch permanent residence (in Dutch: onbepaalde tijd), the IND first checks whether you qualify for EU long-term resident status first. Only in a negative case then the IND will assess if you are eligible for the Dutch permanent residence.

Second anchor point: did you submit the application before you lost the job (or your residence permit)?

This is the "procedural" timing question in legal perspective.

If you lose the job before you submit

You usually need to rebuild your income evidence first (e.g., a new contract or alternative proof), because the IND will assess whether you meet the income requirements connected to the application. It is important to clarify whether your current residence permit links to the old job. If you lose your job you may as well lose the residence title and hence create a residence gap.

If you lose the job after you submit (application pending)

This is where many people underestimate risk. The IND can evaluate whether you still meet the requirements when the application is received, when the decision is made, and sometimes in between, depending on the type of income and circumstances.

Therefore, a job loss during processing can trigger questions about sustainability and can lead to a request for additional documents or (in the worst case) a negative decision.

The income test in Dutch law: "independent, sufficient, and sustainable"

Articles 3.73 to 3.75 of the Vreemdelingenbesluit 2000 (Vb 2000) are the legal backbone of the income assessment when it comes to EU long-term and Dutch permanent residence applications.

  • Art. 3.73 Vb: Definition of independent (zelfstandig) incomes.

  • Art. 3.74 Vb: Definition of sufficient (voldoende) incomes.

  • Art. 3.75 Vb: Definition of sustainable (duurzaam) incomes. As a main rule, the means of subsistence should still be available for at least one year at the moment of submitting the application, with specific exceptions depending on the income source.

In practice, the IND's public guidance mirrors this framework and explains what they consider "duurzaam" (sustainable) for employment income.

The "12-month contract" rule: what happens if you lose the job mid-application

For many adult applicants relying on salaried employment, the IND generally treats your income as sustainable if:

  • your employment contract still has at least 12 months remaining (probation can count) at the moment of submitting the application.

If you lose your job while your application is pending, two things often happen:

1. The IND may become aware quickly, because employers (especially recognized sponsors) have an obligation to report changes such as termination of work or insufficient income, typically within set deadlines.

2. The IND may question whether your income is still sustainable (duurzaam) and may request updated proof.

How to defend "sustainability" after job loss: the 36-month work record route

If your contract is no longer "12 months ahead," you may still be able to meet the sustainability requirement through work history.

The IND and the immigration law state that in certain situations (including permanent residence / EU long-term resident contexts), income can still be considered sustainable if you can show that you had sufficient average income over a longer period, commonly the last 3 years (36 months), with specific rules about which benefits may or may not count.

Policy also reflects that (even where a contract is shorter or flexible), past work over a three-year period can be used to treat income as sustainable, subject to conditions.

Practical takeaway

If you lose your job mid-application, your "Plan A" is often:

  • secure a new qualifying job contract quickly, and/or

  • build a clean evidence package showing you meet the 3-year average approach (pay slips, annual statements, etc.), depending on your situation.

Can you use savings?

Yes, but usually only in a very specific way

Many people assume "I have a lot of money in the bank, so I'm fine." The IND's approach is more technical. Under the income framework, "income from own assets" (in Dutch: eigen vermogen) can be relevant, but the IND generally:

  • counts the income generated by the assets (e.g., interest, investment returns, rent),

  • and expects that the source of the assets is not depleted (the capital itself should not shrink as your "income strategy").

For sustainability, IND guidance indicates that income from own assets is sustainable if (among other things) you have been receiving it already for a period (e.g., at least a year) and you still receive it at the relevant moment of assessment.

Practical takeaway

Savings can help if they reliably generate income and you can document it properly (often through tax and financial documentation). Pure "cash sitting in an account" with minimal interest could be risky to pass the income requirement on its own, unless the amounts are sufficient. For that, consult Pathway Partners for a bespoken case study.

Do not ignore your current work-based residence permit: lawful stay still matters

This part is critical and often overlooked: your long-term residence application does not automatically "freeze" the rules for your current permit. If your residence permit is tied to work (for example, as a European blue card holder/ highly skilled migrant/ regular employment), losing your job can endanger your lawful stay unless you act within the allowed timeframe.

For highly skilled migrants, the IND explains that after unemployment you generally have up to 3 months to find a new qualifying job, and if no new employer is registered in time, the IND may withdraw the permit. For European blue card holders it could be up to 6 months under certain conditions.

This is separate from the long-term residence assessment, but it can indirectly affect it: if your lawful stay is interrupted, you may lose eligibility built up over years.

What you should do immediately

If you lose your job while your long-term residence application is pending, act fast and methodically:

1. Confirm your key dates

  • end date of employment / salary payments

  • expiry date of your current residence permit

  • any "search period" rules (especially if you are a highly skilled migrant or European blue card holder)

2. Collect evidence before it gets messy

  • termination letter / settlement agreement (in Dutch: vaststellingsovereenkomst)

  • recent payslips + annual statement(s) (in Dutch: jaaropgave)

  • employment history evidence for the last 36 months (if relevant)

3. Build a replacement income strategy

  • new contract with sufficient remaining duration, or

  • a three-year dossier,

  • asset-based income evidence

4. Assume the IND will learn about it

  • Employers have reporting duties, and the IND can request updated documents. The worst approach is to do nothing and hope it won't surface.

Each case can differ: get it assessed before you make a wrong move

Two people can lose their job on the same day and end up with completely different outcomes, depending on:

  • the exact residence permit category,

  • how close they are to the five-year threshold,

  • whether the application was already submitted,

  • what alternative income evidence is realistically available,

  • and whether lawful stay remains secured during processing.

If you want clarity on your situation, Pathway Partners can review your case and give you a free initial legal assessment, including a risk scan and a practical action plan tailored to your permit type and timeline.

Frequently Asked Questions

What happens to my long-term residence application if I lose my job while it is being processed?

The IND may question whether your income is still sustainable. They can assess your financial situation at the time the application was received, at the time of the decision, and sometimes in between. A job loss during processing can lead to requests for additional documents or, in the worst case, a negative decision.

Can I still qualify for EU long-term resident status if I lose my job after completing 5 years of residence?

Yes, it is possible, but you must still meet the income requirements at the relevant assessment moments and maintain lawful residence during the process. Losing your job does not automatically disqualify you, but you need to provide alternative income evidence promptly.

What is the 36-month work record route for proving sustainable income?

If your current employment contract no longer has at least 12 months remaining, you may still demonstrate sustainable income by showing sufficient average earnings over the last 3 years (36 months). This requires documentation such as payslips, annual statements, and employment records covering that period.

Does having savings in my bank account count as income for the IND assessment?

Not directly. The IND focuses on income generated by your assets (such as interest, investment returns, or rent), not the savings balance itself. The capital source should not be depleted as an income strategy. Savings may help if they reliably produce documented income over a sustained period.

How long do I have to find a new job if I lose my current work-based residence permit?

For highly skilled migrants, you generally have up to 3 months to find a new qualifying employer. For European blue card holders, the search period may be up to 6 months under certain conditions. If no new employer is registered within the applicable timeframe, the IND may withdraw your current residence permit, which can also affect your long-term residence application.

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