Residence permit under EU-UK Trade Agreement
Requirements
These requirements apply to you.
- You meet the general requirements that apply to everyone.
- You need to be in the Netherlands temporarily to supply your services.
- You supply services in a sector mentioned in Annex 22 to the Trade and Cooperation Agreement on the website of the European Union.
- You, or your employer in the UK, have concluded a contract for services for a maximum of 12 months. The contract was concluded with the client of the service supplier in the Netherlands. The client is the person, organisation or company to which you supply services.
- Your contract was not concluded via an agency for job placement and staffing.
- You supply your services directly to the client of the service supplier in the Netherlands.
- You have a degree from a university or university of applied sciences when you apply. Or proof that your knowledge is on the same level. And you must be working in a role at that level.
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Extra requirements for an independent professional (independent service supplier)
- You are established in the UK as an independent service supplier.
- You do not have a branch in the Netherlands.
- Your income in the Netherlands is at least equal to the statutory minimum wage. You can find out what the amount is of the Dutch minimum wage on the website of the Dutch Government.
- You meet the requirements set by law (professional qualifications) to perform your services in the Netherlands.
- You have had at least 6 years’ experience at the time you apply. This is in the sector specified in your contract for services.
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Extra requirements for a contractual service supplier
- You work in paid employment for an employer established in the UK.
- Your employer in the UK does not have a branch in the Netherlands.
- Immediately before you applied, you supplied the same type of services for your employer in the UK for at least 1 year.
- You are going to earn an income in line with the market rate. Salary criteria for a highly skilled migrant are at the least in line with the market rate. In line with the market rate means that you earn the same as what people in the same job earn on average.
- You do not receive any other income in the Netherlands.
- You have at least 3 years’ experience at the time you apply. This is in the sector specified in your contract for services.
Process and costs
These are the steps in the application process for the residence permit.
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1. Check requirements A valid provisional residence permit (MVV) is needed for this application
Make sure you meet the requirements.
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1. Check requirements Make sure you meet the requirements.
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2. Collect documents The application form and accompanying form lists which documents you need. Collect all documents before you apply.
Have official foreign documents from abroad legalised and translated into Dutch, English, French or German.
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3. Apply Independent professional
Are you an independent professional? If so, you apply for a regular temporary residence permit. The permit will have the restriction ‘residence as an independent professional under the applicable Trade Agreement.” It means that the permit applies only to the practice of that specific profession.
You can submit the application in writing by post.
Contractual service supplier
Are you a contractual service supplier? If so, your client can apply for a single permit (in Dutch: gecombineerde vergunning verblijf en arbeid or GVVA). This is also possible if you are not yet in the Netherlands. Your client submits the application in writing by post. Or you apply to the IND yourself.
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2. Pay for application
The application costs € 423,00. For all fees and exceptions, visit our web page Fees: costs of an application.The IND will send a letter explaining how you can pay.
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4. Pay for application The application costs € 423,00. For all fees and exceptions, visit our web page Fees: costs of an application.
The IND will send a letter explaining how you can pay.
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5. Wait for decision on application The IND must take a decision within 90 days. This is called the decision period.
We can extend the decision period if it takes longer to decide. For example if the application is not complete. Then the IND will send a letter.
If the application is complete, a target period of 7 weeks applies to the decision.
Advice from UWV
The IND asks the Employee Insurance Agency (in Dutch: Uitvoeringsinstituut Werknemersverzekeringen or UWV) for advice on the labour market aspect. The IND needs this advice to take a decision. UWV assesses whether the work meets the requirements of the Foreign Nationals (Employment) Act (in Dutch: Wet arbeid vreemdelingen or Wav). What if UWV needs more information? Then UWV will contact your client directly. UWV has a statutory period of 5 weeks for the advice process.
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6. Decision on application You will receive the decision in a letter. The decision will be positive or negative.
- Positive decision: you will get a regular temporary residence permit or single permit.
- Negative decision: you will not get a regular temporary residence permit or single permit. You can object against this decision.
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7. Collect residence permit When the regular temporary residence permit or single permit is ready at an IND desk, you will receive a letter. You must make an appointment to collect it. Make an appointment to collect your residence document.
The GVVA consists of a residence document and an additional document. Your client will receive a copy of the additional document.
Application forms
Download the right application form. An accompanying form also belongs to each application form. Fill in both forms and send them by post.
Written application forms
The residence permit
Other things you need to know about the permit:
Working as an independent professional
The back of your resident permit states: ‘Work permit is not required for specific work, other work is allowed if a work permit has been granted’ (in Dutch: TWV niet vereist voor specifieke arbeid, andere arbeid toegestaan mits TWV is verleend). It means that you are allowed to work as an independent professional without a work permit. However, you do need a work permit for other types of work.
Working as a contractual service supplier
The single permit (GGVA) consists of a residence permit and an additional document. The residence permit says ‘Work allowed in accordance with the additional document’ (in Dutch: Arbeid toegestaan conform aanvullend document. The additional document specifies for which client you are allowed to work. It also says under which conditions you are allowed to work. With the residence document and the additional document, you are allowed to live in the Netherlands and work for your client. Your client will receive a copy of the additional document.
Legal obligations
As a sponsor, your client has an obligation to provide information and an obligation to keep and retain records. And as a recognised sponsor also a duty of care. You as a service supplier only have an obligation to provide information.
Read more about the legal obligations of the (recognised) sponsor and the foreign national’s obligation to provide information.
The IND checks whether you meet your obligations. What if you do not? Then you can get an administrative fine.
Validity of your residence permit
Your residence permit is valid for the duration of your contract and for a maximum of 12 months.
Type of residence permit
The residence permit is type I, temporary regular residence permit.
Family reunification
Family reunification is not allowed with this residence permit.
Other applications
Replacement of the residence permit
Has your residence permit been damaged, lost or stolen? Then have the residence permit replaced. Visit the web page Residence permit damaged or change of personal details or Residence permit lost or stolen.
Extend the residence permit
Was your residence permit valid for less than 12 months and will it expire soon? Then you or your employer can extend the residence permit up to the maximum of 12 months.
New residence permit
Have you reached the maximum period of 12 months, and do you want to work for the same employer in the same role? You can apply for a new residence permit after a period of 12 months.
Are you going to do different work or work for a different employer? You can apply for a new residence permit.