Residence permit for essential start-up personnel
Requirements
The residence permit for essential start-up personnel is a pilot project. This pilot project runs from 1 June 2021 to 1 June 2025. The residence scheme will continue for 1 year after the pilot project. The following requirements apply to you and your employee:
- You and your employee meet the general requirements that apply to everyone.
- You have an innovative start-up company with scalable activities. This means that your company can grow along with the demand for the product or service. The start-up is innovative in the following situations:
- The product or service is new to the Netherlands.
- The start-up uses new technology in its production, distribution and/or marketing.
- The start-up has a new manner of working and organising.
- A maximum of 15 employees work at the start-up.
- The start-up can apply for a residence permit for essential start-up personnel, for 5 foreign employees at most.
- The employee is an expert in a special field that the start-up needs in this start-up stage.
- The employee has an employment contract with the start-up.
- The employee meets the income requirements.
- The employee will be given at least a 1% share in the company (employee participation). The employee will be given:
- Shares in the company.
- Depositary receipts for shares in the company.
- Share options. These give the employee the right to purchase shares in the company. The price of these shares is agreed in advance.
- The employee will be given the shares within up to 3 years after the contract started. The employee will always be entitled to shares. No requirements apply to this, such as achieving certain accomplishments.
Advice of the Netherlands Enterprise Agency (RVO)
The IND will ask the Netherlands Enterprise Agency (in Dutch: Rijksdienst voor Ondernemend Nederland or RVO) for advice. RVO gives advice on:
- The start-up and innovative nature of the company. This advice is valid for 3 years from the start date of the first employee receiving a residence permit for essential start-up personnel.
- Which major role the employee will have at the company. And whether the employee will get an employee participation scheme.
Does the same start-up submit a new application for essential start-up personnel within 3 years? Then the IND will ask the RVO only for advice on the employment contract. RVO uses the assessment framework for essential start-up personnel (only in Dutch).
Process and costs
These are the steps in the application process for the residence permit:
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1. Check requirements open minusA valid provisional residence permit (MVV) is needed for this application
Make sure you meet the requirements.
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1. Check requirements open minusMake sure you meet the requirements.
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2. Collect documents open minusThe application form lists which documents you need. Collect all documents before you apply.
Have official foreign documents legalised and translated into Dutch, English, French or German.
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2. Collect documents open minusThe application form lists which documents you need. Collect all documents before you apply.
Have official foreign documents legalised and translated into Dutch, English, French or German.
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3. Apply open minusYou can submit the application in writing by post. Apply for the MVV and the residence permit at the same time.
The employee can also submit the application on their own at the Dutch representation abroad.
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3. Apply open minusYou can submit the application in writing by post.
The employee can also submit the application on their own.
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4. Pay for application open minusThe application costs € 405,00. For all fees and exceptions, visit our web page Fees: costs of an application.
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4. Pay for application open minusThe application costs € 405,00. For all fees and exceptions, visit our webpage Fees: costs of an application.
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5. Wait for decision on application open minusThe 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, because the application is not complete. In that case, the IND will send you a letter.
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5. Wait for decision on application open minusThe 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, because the application is not complete. In that case, the IND will send you a letter.
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6. Decision on application open minusYou will receive the decision in a letter. The decision will be positive or negative.
- Positive decision: your employee will get an MVV and a residence permit.
- Negative decision: your employee will not get an MVV or residence permit. You can object against this decision.
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6. Decision on application open minusYou will receive the decision in a letter. The decision will be positive or negative.
- Positive decision: your employee will get a residence permit.
- Negative decision: your employee will not get a residence permit. You can object against this decision.
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7. Make appointment for MVV visa sticker and travel to the Netherlands open minusYour employee can travel to the Netherlands with the MVV.
Make appointment within 3 months of decision
Your employee will have to make an appointment at the Dutch representation. This is the embassy or consulate that you filled in on the application form. Your employee has to make the appointment within 3 months after the IND has taken a decision on your application.
Biometrics
Your employee must provide biometric data during the appointment at the Dutch representation. Your employee will put a signature and the Dutch representation will take fingerprints. Your employee also needs to bring 1 new passport photo. Go to netherlandsworldwide.nl for information on requirements for ID photos.
Valid passport required
Your employee's passport must be valid for at least another 6 months when the Dutch representation places the MVV visa sticker in the passport. The MVV is valid for 90 days.
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7. Collect residence permit open minusWhen the residence 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 the residence document.
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8. Collect residence permit open minusWhen the residence 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 the residence document.
Application forms
Download the right form. Fill in the application in writing and send it by post.
Written application forms
Written application forms
The residence permit
Find out what else you need to know about the residence permit.
TB test
Did you indicate at the time of the application that your employee will take a TB (tuberculosis) test? Then have your employee schedule an appointment at the Municipal Health Service (in Dutch: Gemeentelijke Gezondheidsdienst or GGD). The employee must do this within 3 months after your they received their residence permit. Your employee must take to the appointment:
Working with the residence permit
It says on the back of the residence permit whether there is an employment status. 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). This means that you do not need a work permit (in Dutch: tewerkstellingsvergunning or TWV) for your employee. Does the employee want to work at a company other than your start-up? Then the other employer will need a TWV.
Legal obligations
A sponsor has an obligation to provide information and an administrative obligation. An employee only has an obligation to provide information.
Read more about the legal obligations of the sponsor and the foreign national’s obligation to provide information.
The IND checks whether you meet your obligations. If you do not, you may get an administrative fine.
Validity of the residence permit
The term of validity of the residence permit depends on the term of the employment contract. The residence permit is valid for a maximum of 3 years. Afterwards you can extend the residence permit.
Type of residence permit
The residence permit is type I, temporary regular residence permit.
Other applications
Replace the residence permit
Has the 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
Will the residence permit expire soon? Then you can extend the residence permit. The allowed extension period depends on the term of the contract and has a maximum of 3 years.
Apply for a different residence permit
Has the pilot project ended? Or does the employee no longer work at the start-up, but the employee wants to stay in the Netherlands? Perhaps the employee can apply for a different residence permit.
Permanent residence permit
Have the 5 years in which a Dutch residence permit is valid expired? Meaning that your employee has been in the Netherlands for 5 years? Then the employee can apply for a permanent residence permit.