IND Compliance Check: DAFT visa and Dutch Japanese Treaty visa

Since 1 April 2024, the Dutch Immigration and Naturalisation Department ("the IND") has adopted a new workflow policy. Under this new workflow policy, the IND gives the benefit of the doubt to a treaty-based applicant (eg. an American citizen under the Dutch American Friendship Treaty ("the DAFT") or a Japanese citizen under the Dutch Japanese Commerce & Navigation Treaty (日蘭通商航海条約  にちらんつうしょうこうかいじょうやく). In accordance with this new workflow policy, the IND can grant an entrepreneur permit, without having checked the issue as to whether an applicant has met all the substantive requirements beforehand. Under this new IND workflow policy, a foreign national is supposed to register their business and to make the required investment into their company within six months of visa issuance. Meanwhile, the IND retains their rights to review the issue as to whether a foreign national will have been compiling with the visa conditions retroactively. 

The new workflow policy of the IND is meant to last two years. As a governmental agency, the IND wants to evaluate the effectiveness of their workflow policy. Thus, since the end of February 2026, the IND has started sending letters to some treaty-based visa holders, asking them to provide the IND with a plethora of evidence, proving that they have been in compliance with their visa conditions. If a permit holder has received such a letter from the IND, it is important to take timely action. In general, the IND wants to receive the following documents:

(1) a recent balance sheet ("balans" in Dutch) showing that their company's capital has been well above par;

(2) a recent bank statement in the name of the company, proving the availability of the invested funds.

(3) An excerpt from the Trade Registry of the Dutch Chamber of Commerce ("Kamer van Koophandel" in Dutch);

(4) If an entrepreneur opted for a general partnership ("vof" in Dutch) or a limited liability company ("BV" in Dutch), the IND would like to receive a copy of the partnership agreement or a copy of the deed of incorporation ("oprichtingsakte") of the limited liability company. 

In the letter itself, the IND gives a permit holder two-week time to submit their documents. Normally, it is possible to ask the IND to give more time, with a view to gathering the required documents. 

Meanwhile, it is advisable to keep the evidence, showing that a treaty-based visa holder has conducted genuine business activities (eg. VAT filings, invoices sent to their clients and other commercial contracts etc.). Such evidence may also be needed for a renewal application. 

Should you have any questions about the Dutch American Friendship Treaty or the Dutch Japanese Commerce & Navigation Treaty, please feel free to book a consultation with one of our lawyers.