Migration law

All our lawyers are specialists in the field of migration law.

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Migration law private persons

To be eligible for a residence permit in the Netherlands you have to meet a number of conditions. There are general conditions that apply to virtually all applications. Next to that, each residence permit has its own specific conditions. All residence permit require that you have a valid passport. In addition, you may not pose any danger for public order or security. This will be assessed by checking if you have come into contact with police or justice officials in the past.

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Relatives and family

Do you want to live in the Netherlands with your partner or spouse? Or do you want to live with your child in the Netherlands or as a child with your parents in the Netherlands? This is very common in the current open world. Each case has separate conditions and possible alternatives.

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The basic principle is that it is a fundamental right to be with your family. There are, however, a number of conditions that are related to integration and income. In addition, stay can be refused when public order objects to it. Each situation has its own conditions and possibilities/impossibilities.

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We advise you in and guide you through the possibilities that (international) migration law offers. We do that by looking at all the possibilities so that you can reach your goal. Preference is given to successful application. However, should the application be rejected we can litigate – up to the European Court of Human Rights, if necessary.

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Study

If you want to undertake studies in the Netherlands as a foreigner you should have a visa, unless you are a EU-citizen. This visa should be applied for by the institute where you wish to study. There are possibilities if you should want to stay in the Netherlands after you have finished your studies. For example, when you start working or want to stay with a partner in the Netherlands.

Together with you we will look for the best option and guide you during a new application.

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Medical

In a number of cases it is possible to receive a residence permit or postponement of departure with regard to a medical treatment. It must be a necessary treatment and in some cases even a matter of a life threatening situation. Another condition is that the medical treatment cannot be performed in the country of origin, for example because the knowledge or skills are absent there or because it is not possible to travel to one’s own country because of the medical situation.

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No-fault

A residence permit based on no-fault can be applied for if you are in the Netherlands and you cannot return to the country of origin through no-ault of your own. The majority of the cases will be about people who have come to the Netherlands as asylum seekers and are subsequently unable to return. This is not a simple procedure and the requirements are very strict. The proof of burden lies with the applicant; it is up to him/her to demonstrate that s/he has tried everything to return but failed. For example, getting into contact with her/his own embassy, writing to official authorities in the country of origin and deploying third parties to gain information.

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Honour-related and domestic violence

This residence permit can be applied for if you do not have a resident permit yet and if you are also not eligible for a resident permit but there is a serious threat in the Netherlands and in the country of origin. For example, threats of violence against yourself or your children.

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Asylum

If you have justifiable reasons to fear persecution in your country of origin or if you await an inhuman treatment or punishment, you can apply for asylum in the Netherlands.

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Short stay

Many cases require an application for a Short stay visa if you wish to stay in the Netherlands for a short time for a family visit, holiday or because of a business meeting. You should make it plausible that there is no risk of settling illegally in the Netherlands.

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Naturalisation

When you have more than five years of legal residence based on a non-temporary resident permit or a residence permit for an indefinite period of time and you do not have a criminal record and you are sufficiently integrated, you can become eligible for naturalisation to become a Dutch citizen. In some cases this can be done sooner.

 

Rates

When it comes to the costs we will always look if you are eligible for state-funded legal aid and what your costs will be then. We can apply this for you at once. Even if you are not eligible for state-funded legal aid we will try to be clear about the costs in advance. Our minimum fee is € 235,- / hour VAT included.

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Migration law business

As migration law specialists we can advice your company about the stay of your employees and yourself in the Netherlands.

We can accompany your company to become an acknowledged sponsor at the Immigration and Naturalisation Service (IND). In the event of problems with a residence permit or a fine from the Arbeidsinspectie (Labour Inspectorate) we can litigate for you and limit your damages.

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We have experience with the following residence permits:

• Highly skilled migrants

• Work permits

• Start-up permit

• EU Blue card

• Intra-Corporate Transfer permit

• Self-employed persons

• American self-employed persons

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Gelijk Advocaten works on the basis of an attractive hourly rate. It is also possible to agree on a fixed price so that you know exactly where you stand.

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Highly skilled migrant

An employee of a company that is a recognized sponsor has the possibility to bring employees to the Netherlands who are able to obtain a residence permit as a highly skilled migrant. In order to qualify as a highly skilled migrant the migrant should meet the salary criterion which is based on the gross monthly salary. The required level of this salary is determined by the IND each year.

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Work permits

An employer who wants to bring persons for paid employment from outside the EU to the Netherlands can apply for the so-called ‘Combined permit for Stay and Work’ (GVVA / paid employment). This is a residence permit and work permit for persons from outside the European Economic Area in one. The IND will seek advice from the UWV (Employee Insurance Agency) about this application. The UWV will then assess if the employer has made a sufficient effort to find suitable staff in the European labour market and if there is an availability of employees within the European Union (EU) and European Economic Area (EER). The salary offered should be in conformity with the market.

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Start-up permit

With a residence permit as a 'start-up', ambitious starters are given one year to start an innovative enterprise in the Netherlands. One condition is that they have to be supervised by a reliable supervisor (facilitator) in the Netherlands. Netherlands Enterprise Agency (RVO) assesses if the enterprise is innovative.

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EU-Blue Card

The EU Blue Card is a work and resident permit for highly trained work migrants from outside the European Union. The most important criteria are the gross salary and education level. The EU Blue Card has a limited measure of work mobility within the EU.

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Intra Corporate Transfer (ICT)-permit

Managers, specialists and trainees of multinational corporations with a branch in the Netherlands, may perform activities via an Intra Corporate Transfer in the Netherlands. This permit can be granted for a maximum period of 3 years. One condition to be eligible for the ICT-permit is that the employment contract between the employee who is transferred and the branch from outside of the EU continues to exist and has existed for 3 months at the time of application. 

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Self-employed persons

The starting point during admission as a self-employed entrepreneur is that a material Dutch interest has to be served by the company. Netherlands Enterprise Agency (RVO) assesses this based on an elaborate points system where, among others, the personal background of the entrepreneur, the business plan and the economic contribution to the Netherlands are of importance.

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American self-employed persons

As a result of the Friendship Treaty between America and the Netherlands it is considerably easier for American entrepreneurs to obtain a residence permit as a self-employed entrepreneur. The most important conditions are that an enterprise actually has to be started and registered in the trade register of the Chamber of Commerce. A substantial capital of at least € 4.500 has to be invested in the own company as well

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Recognized sponsor

A company has to be recognized as a sponsor by the IND before it can attract highly skilled immigrants. The recognized sponsor may use the accelerated admission procedure which means that the application is decided upon within 2 to 3 weeks. The reliability of the company is assessed at the time of an application as recognized sponsor. The company is also assessed on continuity and solvability via a points system by the Netherlands Enterprise Agency (RVO).

 

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