Permanent residence and former international students who stayed outside the Netherlands during the COVID pandemic

During the COVID pandemic, a lot of Dutch universities advised their international students to return to their home country and to follow classes online. As a result, many international students went home and stayed an extensive period outside the Netherlands. When they left the Netherlands, they may have deregistered themselves from the municipal BRP system. Their school may have reported their departure to the IND as well. Five years later, some of these (former) international students may still be living in the Netherlands and face the issue as to whether they can potentially qualify for permanent residence.

Main residence requirements

According to Dutch law, a residence permit holder must have their main residence in the Netherlands. An extensive period of absence from the territory of the Netherlands can be a ground on which the IND can revoke a residence title. Should a residence permit holder stay, longer than a  period of six consecutive months or periods of four consecutive months a year for three years in a row, outside the Netherlands, the IND will, in general, presume that one has moved their main residence outside the Netherlands, unless the exceeding of the six month period is beyond their control or they prove that the centre of their activities has not left the Netherlands. It is a mouthful!

Special main residence policy for international students who stayed outside the Netherlands during the pandemic

To simplify, during the COVID pandemic, the IND developed a special “work instruction” in relation to international students who temporarily left the Netherlands.

• Students who left the Netherlands during the period between March 2020 and 1 September 2020 must have returned to the Netherlands within 12 months.

• Students who left the Netherlands during the period between 1 September 2020 and 1 March 2021 must have returned to the Netherlands on/before 1 September 2021.

• Student who left the Netherlands after 1 March 2021 must have returned within six months.

Otherwise, the IND would presume that a student had moved their main residence outside the Netherlands, which can be a revocation ground. As a result, one would have a residence gap, resetting their pathway towards permanent residence.

Permanent residence and conditions

A former international student who has been living five continuous years or longer in the Netherlands may qualify for permanent residence. The time spent on a student permit counts 100% towards the Dutch indefinite stay, while the time spent on a student permit gets discounted at 50% for the purpose of acquiring the status of EU long term stay. There may not be a residence gap in the past. Also, an applicant for permanent residence must fulfil other requirements (such as, the income requirement and the integration requirement). For more information about the difference between the EU long term stay and the Dutch indefinite permit, please kindly refer to this article on our website.

Should you have any other questions about Dutch immigration and nationality laws, please feel free to contact Mynta Law.