Conditions
Under the Directive (EU) 2016/801, you can work in the Netherlands as a paid researcher, a PhD student or as an unpaid researcher with a grant. If you want to work as a researcher under Directive (EU) 2016/801, you need to apply for a Dutch residence permit.
Not everyone needs a provisional residence permit to apply for a residence permit in the Netherlands. Other conditions apply to persons with the nationality of an EU/EEA country or Switzerland and their family members.
Procedures
Where and how to apply
When you want to work in the Netherlands as a researcher under Directive (EU) 2016/801, your recognised research institution applies for the provisional residence permit (mvv) and the residence permit for you at the same time. Only a recognised research institution can submit an application on behalf of a researcher. Recognised employers are listed in the Public Register of Recognised Sponsors.
Documents required
To apply for a residence permit as a scientific researcher under Directive (EU) 2016/801, your research institution needs certain documents. Please check with your research institution which documents you need to submit.
You have to have official foreign documents legalised and translated into Dutch, English, French or German.
All costs for applications for visa or resident permits can be found here.
More information: Apply for a residence permit for researcher (Directive (EU) 2016/801).
Duration of validity of permits
The period of validity of your residence permit is the same as the length of your employment contract or assignment, with a maximum of 5 years.
Further requirements
Upon arrival, you must:
- make an ;online appointment to collect the residence document in person from an Immigration and Naturalisation Service desk;
- register in the Municipal Personal Records Database (BRP) in the municipality where you will be living;
- make an appointment within three months after the permit has been granted with the Area Health Authority (GGD) to undergo a tuberculosis test if required;
- take out health insurance within 4 months following your arrival in the Netherlands.
Appeals
If the Immigration and Naturalisation Service (IND) has rejected your application, this will be specified in an official letter (= Decision) from the IND. If you do not agree with the decision, you can register an objection to it or authorise someone in the Netherlands to do so on your behalf. The official letter explains how to start the procedure for this.
In some cases, the IND is not able to reach a decision in time. The IND may be in default. You can then send a written notice of default to the IND.
If after having registered an objection, the IND has stated your objections to be unfounded, it is possible for you to appeal against this decision to the Dutch court.
Further information
More on the admission as a researcher in the Netherlands under Directive (EU) 2016/801
Rights
Extension of stay
Is your residence permit, as a researcher under Directive (EU) 2016/801, due to expire soon? Apply for an extension.
Change of status
If, during your legal stay in the Netherlands, something changes in your personal situation or your purpose of stay, this could affect your current residence permit. It may be that, as a result of the change, you no longer meet the conditions under which you were granted permission to stay in the Netherlands.
When you no longer meet these conditions, the IND may consider revoking your residence permit and you will have to leave the Netherlands. If you, however, wish to stay in the Netherlands, you will then have to apply for a change of purpose of your stay. Please note that when you apply for a change of purpose, this will also be assessed as an application for an extension.
Employment
This residence permit allows the researcher to work without a work permit (tewerkstellingsvergunning, TWV). The back of the residence permit states: 'arbeid vrij toegestaan. TWV niet vereist' (Work permitted without restriction. TWV not required). However, the researcher must continue to meet the conditions of the residence permit researcher under Directive (EU) 2016/801.
Permanent residence
If you have lawfully lived in the Netherlands for an uninterrupted period of five years and you have a valid residence permit for a non-temporary purpose of stay, such as scientific researcher, you can apply for a permanent residence permit. Certain conditions will have to be met in order to be eligible for permanent residence.
Family reunification
As the holder of a residence permit to work as a scientific researcher under Directive (EU) 2016/801, it is possible to bring your spouse, (registered) partner or minor child(ren) to the Netherlands. Certain conditions will have to be met in order to be allowed to bring your family members.
Links
Mobility
Intra EU-mobility for researchers under Directive (EU) 2016/801
Conditions
For researchers (and their family members), there are 2 types of intra EU-mobility: short-term and long-term mobility.
Do you want to stay for a maximum of 180 days (in a period of 360 days) in the Netherlands to carry out research? You can make use of the short-term mobility. You do not have to apply for a separate Dutch residence permit.
Do you want to stay in the Netherlands for more than 180 days? You can make use of the long-term mobility. You have to apply for a Dutch residence permit. For more information about the long-term mobility, check Researcher.
Short-term mobility for researchers under Directive (EU) 2016/801
Do you want to carry out research in the Netherlands for a maximum of 180 days (in a period of 360 days). You do not need a Dutch residence permit if you meet the following conditions:
- you hold a valid residence permit for research (whether or not under Directive (EU) 2016/801 or 2005/71/EC), issued by another Member State of the European Union (excluding Denmark and Ireland),
- you will be conducting research at a research institution in the Netherlands. This research institution is a recognised sponsor by the Immigration and Naturalisation Service (IND), Recognised employers are listed in the Public Register of Recognised Sponsors,
- you have a hosting agreement with a Dutch research institution,
- the mobility does not last longer than 180 days (in a period of 360 days). The mobility falls within the validity of the residence permit issued by the first Member State,
- you or an authorised research institution in the Netherlands has submitted a notification and supporting documents to the IND,
- there is no proof or severe and objective reason to determine that your residence in the Netherlands serves or would serve another purpose,
- you have sufficient means to support your stay in the Netherlands and pay for your return trip,
- you do not represent a threat to public order or national security.
Family members of a researcher (short-term mobility)
Do your family members hold a valid residence permit, issued by another Member State of the European Union, for stay with you as a partner or minor child? Then they can come with you to the Netherlands. In that case, your family members do not need a Dutch residence permit. However, being their sponsor, you will have to submit a notification and supporting documents, to the IND.
The mobility of your family members does not last longer than 180 days (in a period of 360 days). The mobility falls within the validity of their residence permit issued by the first Member State.
Procedure
Submitting a notification
Are you a researcher and do you want to make use of the intra EU-mobility? You have to submit a notification and supporting documents to the IND. This can be done in 2 ways:
- you authorise the recognised research institute in the Netherlands to submit the notification and supporting documents for you. This is an efficient way of doing things. Most institutions have a lot of experience with submitting notifications. Has the authorised institution been recognised as a sponsor by the IND? Then the institution is allowed to use their own attestations.
- You submit the notification and supporting documents yourself. You are responsible for submitting the notification and supporting documents in time.
Submitting a notification for family members of a researcher
You are a researcher and want to bring your family member(s) to the Netherlands. You are the sponsor of your family members. Being their sponsor, you have to submit the notification and supporting documents to the IND.
Checklist documents
You will find all necessary supporting documents in the notification form.
Costs
This procedure is free of charge.
Registration with the municipality
If you and your family member(s) are staying in the Netherlands for more than 4 months, you have to register in the Municipal Personal Records Database (BRP) in the municipality you are going to live. To register with the municipality, your family member(s) need a valid legalised and translated birth certificate. Take this therefore with you when you travel to the Netherlands.
Take out health insurance
Anyone living in the Netherlands must take out health insurance. You do this within 4 months following your arrival in the Netherlands.
Right to work
Are you staying in the Netherlands within the context of incoming short-term mobility for researchers? Then the following employment status applies to you: 'Arbeid vrij toegestaan. TWV niet vereist'. This means that you are free to work in the Netherlands and that your employer does not need a working permit (TWV). However, as a researcher, you must continue to meet the conditions of short-term mobility.
Family member of a researcher
Are you staying in the Netherlands within the context of incoming short-term mobility as a family member of a researcher? Then the following employment status applies to you: 'Arbeid niet toegestaan'. This means that you are not allowed to work in the Netherlands.
Termination of right of residence
If you no longer meet the conditions, then you or the authorised research institute will receive a letter from the IND. In this letter, it will say that your right of residence within the context of incoming mobility has ended. You will then be ordered to leave the Netherlands immediately and return to the first Member State. If you do not obey this order or in case that your immediate departure is deemed necessary, the IND can impose a return decision.