Netherlands: Validity of a Temporary Residence Permit after leaving the Netherlands

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

In correspondence with the Research Directorate, a senior immigration lawyer from a Dutch law firm that specializes in immigration law provided the following information:

As long as a permit has not been withdrawn, it is valid until its expiry date. However, with a Dutch temporary residence permit, residency outside the Netherlands for more than 6 consecutive months, or for 4 consecutive months over 3 consecutive years, can be grounds for withdrawal of the permit unless the holder of the permit can prove that his/her absence from the Netherlands for an extended period is caused by circumstances that are outside his/her control (incarceration/detention abroad is expressly excluded). (Senior Immigration Lawyer 31 Mar. 2017)

The page entitled "primary residence" on the website of the Netherlands Immigration and Naturalisation Service (Immigratie en Naturalisatie Dienst, IND) states that a holder of a Dutch residence permit is allowed to be abroad for short durations, as long as the residence permit holder does not move their primary residence (Netherlands n.d.a). The maximum stay allowed depends on the residence permit: holders of Dutch temporary residence permits are allowed to stay a maximum of six consecutive months within one year outside of the Netherlands (Netherlands n.d.a). Within three consecutive years, a holder of a Dutch temporary residence permit is permitted to stay outside the Netherlands for a maximum of four months per each of the three years (Netherlands n.d.a).

The same web page further states that a [translation] "holder of a Dutch residence permit" needs to have their "primary residence" in the Netherlands (Netherlands n.d.a). According to the same source, a primary residence is the location where the person resides [translation] "permanently" (Netherlands n.d.a). If the holder of a Dutch residence permit changes their primary residence to a foreign country, the residence permit will be revoked (Netherlands n.d.a).

According to the same web page, IND decides that the holder of the Dutch residence permit has moved their primary residence abroad in the following situations:

• the permit holder used their [translation] "right to remigration" upon departure from the Netherlands, for example in accordance with "the Remigration Law;"
• the permit holder has been outside of the Netherlands for longer periods than allowed (Netherlands n.d.a).

The information in the following paragraph was provided on the same IND webpage:

There are several situations that the authorities use to identify whether someone has changed their primary residence, including de-registration from the Dutch Municipal Personal Records Database [Basisregistratie Personen, BRP (Netherlands n.d.b)]. Other examples include: the residence permit holder notifying the Dutch Tax Services (Belastingdienst) of a move to a foreign country; notifying the Police Department for Foreigners (Vreemdelingenpolitie) of a move abroad; resigning from employment or workplace closure; closing of a bank account; transfer of periodic monetary benefits to an address outside of the Netherlands; cashing out of pension rights; clearing furniture from the residential home in the Netherlands and moving furniture across the border; subletting the residential home in the Netherlands to others. There may also be [translation] "other situations" in which the IND deems that a holder of a Dutch residence permit has changed their primary residence (Netherlands n.d.a.).

In correspondence with the Research Directorate, an official from the IND stated that

[w]hether or not a person has moved his or her principal residence is established by the entire body of facts and circumstances surrounding an individual situation. A brief residence abroad for purpose of employment while one's family remains in the Netherlands or for purpose of an internship will not likely lead to termination of one's lawful residence since sufficient ties with the Netherlands exist, whereas residence abroad for purpose of employment along with partner and/or children could lead to revocation since this is an indication that the core of one's activity has been moved. In addition, please note that when the holder of a regular temporary residence permit unregisters from the Municipal Personal Records Database (BRP), a revocation procedure will be triggered since that is reason for us to conclude that the foreign national has departed from the Netherlands.

In the absence of knowledge about such facts and circumstances, the [IND] assumes that principal residence has been moved after a consecutive absence of 6 months, or after a consecutive absence of four months in three consecutive years. Exceptions do apply for designated categories of foreign nationals.

…

Before a permit is revoked, we inquire with the holder of the permit whether there are personal circumstances that we should take into account. This inquiry is [not done] if we intend to revoke the permit [because] the holder is unregistered from the BRP. (Netherlands 25 Apr. 2017, italics in original)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Netherlands. 25 April 2017. Immigratie and Naturalisatie Dienst (IND). Correspondence from an official to the Research Directorate.

Netherlands. N.d.a. Immigratie en Naturalisatie Dienst (IND). "Hoofdverblijf." [Accessed 4 May 2017]

Netherlands. N.d.b. "The Municipal Personal Records Database." [Accessed 4 May 2017]

Senior Immigration Lawyer, Everaert Advocaten. 31 March 2017. Correspondence with the Research Directorate.

Additional Sources Consulted

Oral sources: Netherlands - Embassy of the Kingdom of the Netherlands in Ottawa; two immigration law firms in the Netherlands.

Internet sites, including: Netherlands - Police Department for Foreigners.