Who Cannot Benefit from DAFT
Under the Dutch American Friendship Treaty (the DAFT), an American citizen can obtain a Dutch entrepreneur visa. In order to obtain the visa under the DAFT, an applicant must register a business with the Dutch Chamber of Commerce and invest at least 4500 euros into the business. As explained in our earlier article, many US citizens can qualify for a two year self-employment visa under the Dutch American Friendship Treaty. After two years, the visa can be further extended for another five years. However, some applications for some professions are not as easily accepted as others.
Professions outside of the scope of the DAFT
The professions that potentially fall outside the applicability of the DAFT are those which normally require a specific license, such as practicing medicine, within the sector of public health and safety. The idea behind limiting these professions is laid out in article 7 of the DAFT in conjunction with article 8 of the Protocol.
In 2008, the Court of the Hague held that the business activities of a (sworn) translator would fall outside the scope of the DAFT. Later, this opinion was partially vacated and reversed by the Council of the State (“Supreme Court”), as the judgment given by the Court of the Hague was too broad.
When interpreting the exact meanings of article 8 of the Protocol, the Council of the State examined the Friendship Treaties that the USA signed with some other Western countries. For example, the Treaty between the USA and Belgium says that “The provisions […] do not extend to professions which, because they involve the performance of functions in a public capacity or in the interests of public health and safety, are state-licensed and reserved by law to nationals of the country.”
Therefore, the Council of State holds that only liberal professions, involving “the performance of functions in a public capacity or in the interests of public health and safety”, are excluded from the DAFT.
Mynta Law has successfully helped many US clients apply for and obtain the entrepreneur visa under the DAFT. Are you interested in moving to the Netherlands under the DAFT? Call us to schedule a consultation now.
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