Treaties
Family members of entrepreneurs with residence permits based on the DAFT, the Japanese-Dutch Trade Agreement, or Turkish entrepreneurs’ families are free to work in the Netherlands as of January 1, 2020, and they are able to accept any position. Contact Vera Kidjan or Elles Besselsen if you still hold a residency permit with a limited labor market notification.
Dutch American Friendship Treaty (DAFT)
You can take advantage of very favorable regulations to work and live in the Netherlands if you are a US citizen and you want to start a business there. No work permit is needed.
The Dutch American Friendship Treaty aims to boost the economies of the United States of America and the Netherlands as well as to encourage bilateral trade and business.
American nationals receive favorable status when opening businesses in the Netherlands. American business owners applying under the Dutch American Friendship Treaty do not have to pass an extremely challenging points-based test or demonstrate that their company has an innovative value, unlike the majority of other non-EU nationals who wish to launch their own companies.
The Dutch Chamber of Commerce must have the firm registered, and there must be a minimum capital commitment of EUR 4,500 in a Dutch business bank account before the US businessperson can establish a sole proprietorship. A minimum of 25% of the capital and EUR 4,500 would be needed to form a partnership or limited company (Besloten Vennootschap, BV). A public corporation (Naamloze Vennootschap, NV) is required to have at least 25% of the capital put, which equates to at least EUR 11,250. Additionally, the money cannot be borrowed and must belong to the person.
When the initial two years were up, the residence permit would be renewed for an additional five years. The Netherlands would also allow you to live there with your spouse and kids.
If you and your spouse decide to apply for a permanent residence permit or a Dutch passport after five years of lawful and uninterrupted stay in the Netherlands, the language test will be necessary. However, you and your spouse are exempt from learning the Dutch language and passing a Dutch civic integration exam.
Turkey
Association Treaty
Turkish citizens and their families (whether Turkish or not) are covered by this Association Treaty. the following family members are:
- married or registered partners: spouses of Turkish workers in the Netherlands, spouses of Dutch nationals, or spouses of non-Dutch nationals holding a residence permit in the Netherlands.
- Children and grandchildren, regardless of nationality, under the age of 21 of the Turkish national or the married or registered partner. The age restriction does not apply if the child is financially dependent on a parent who works in the Netherlands.
- regardless of nationality, the parents or grandparents of the Turkish national or the de-married/registered partner
- A permit that enables you to work in the Netherlands can be obtained in a number of ways.
However, there are some unique, more advantageous rules surrounding (self)employment that are applicable to Turkish citizens and their family members.
Entrepreneurs
Turkish nationals do not need to adhere to the point-based system in order to open a business in the Netherlands. However, they must adequately substantiate the application, including by providing a strong business and financial strategy, among other things.
After three years of running their own business, Turkish nationals are no longer required to have a separate work visa (TWV) for any type of work in the Netherlands; they are now free to choose any job.
Highly skilled migrants
In order to work as highly skilled migrants, Turks or family members of Turks are not need to have a so-called recognized sponsor. They can submit their own application for a highly skilled migrant permit. In reality, applications with a reputable sponsor are handled more quickly.
Regular employment
Turkish nationals and their family members may work for the same Dutch employer for an additional year with a valid residence permit without needing a work permit.
A work permit is no longer necessary for those who have worked for the same employer for three years; they are then free to find employment.
You are a family member who wants to come to the Netherlands
There are many exceptions to the regular family reunion laws that apply to family members of Turkish nationals with rights of residence in the Netherlands:
- Instead of 21, 18 is the minimum age for married and registered partners. The standard minimum age of 21 years applies to unmarried partners.
- passing the Basic Civic Integration Exam Abroad is not required
- In the Netherlands, completing the Civic Integration Examination is not necessary to be eligible for a permanent residence visa or a humanitarian non-temporary residence permit after five years of cohabitation.
- a reduced government filing fee (this is also the case with other applications on the ground of the Association)
- Family members are eligible for a residence permit after three years of lawful presence in the Netherlands. There is no specific reason for your stay that this permission is related to, and you do not need to have a work permit in order to work in any capacity or have a set level of income.
Japanese-Dutch Trade Agreement
To be eligible for an entrepreneur residence permit, Japanese nationals must invest a minimum of €4.500 in the firm they intend to start, grow, or manage in the Netherlands.
Japanese business owners are exempt from the regular, stricter point-based system for business owners. They are not required to provide evidence that the planned commercial operations will be innovative or will otherwise benefit the Dutch economy.
The residence permit
The first permit is issued for a period of two years, and upon renewal, a permit with a five-year term is issued.
All requirements must still be satisfied, and the capital investment must remain at the same level, at the time the permit renewal application is submitted.
The permit enables the entrepreneur to only work for his or her own business. A work permit is required for any other sort of job, such as regular employment.
Family members are eligible for a dependents’ permit with the same period and no need for a work permit.
About the Treaty Database
Information on the treaties to which the Kingdom of the Netherlands is a party may be found in the Treaty Database. The details include the date and location of the treaty’s signing, the day it went into effect, the location of the text, and the parties (countries, territories, and international organizations) https://treatydatabase.overheid.nl/