09. The calculation of “consecutively staying in the Netherlands for 5 years” (March 2024)
In this post, regarding calculating one’s consecutive stay
for 5 years in the Netherlands, 2 following issues will be addressed:
1. From which one day on one is considered staying in the Netherlands?
2. What does the word “consecutive/consecutively” mean?
ISSUE 1:
From which day on one is considered staying in the Netherlands, in terms of calculating the consecutive stay for 5 years?
According to a chat with a staff member from IND (simply “IND”, henceforth), the calculation will be elaborated as follows.
IND:
One needs to have a valid permit for at least 5 years, AND he/she/they
also needs to be registered for at least 5 years. Both these situations are
being counted.
It depends on when one has collected the permit and when one
has registered himself/herself/themselves in the BRP (Basisregistratie Personen,
English: Personal Records Database).
The later date of these two is the one he/she/they needs to
keep in mind.
I offer an example of myself:
1. I physically entered NL from Schiphol Airport on 6
August 2021 for my master’s study and currently holding my “orientation year”
residence permit; I have been consecutively staying in NL since then.
2. I went to the municipality on the same day (6 August
2021) to register myself.
3. I collected my residence permit for my master’s study on 4 September 2021 at the university’s front desk when IND set a stand on campus for the convenience of the students.
4. On my previous residence permit for my master’s study, 2 important dates were mentioned: (1) “ingangsdatum verblijfrecht”: “01 09 2021”, (2) “datum and plaats van afgifte / date and place of issue”: “23 07 2021 ‘s-Hertogenbosch”.
Multiple date are here. However, only 2 dates are taken
into account by IND:
(1) The date that I registered myself in the BRP: For me, it
was 6 August 2021.
(2) The date that I collected my first Dutch residence permit: For me, it was 4 September 2021.
Between the 2 dates, 4 September 2021 is the later date.
Therefore, I am considered staying in the Netherlands from 4 September 2021 on.
If I consecutively stay in the Netherlands until 4 September
2026, IND will acknowledge that I will have been staying in the Netherlands
consecutively for 5 years.
ISSUE 2:
What does the word “consecutive/consecutively” mean?
In what scenarios, one is considered consecutively staying in the Netherlands, even if he/she/they does not have a valid (i.e., not expired at that moment) Dutch residence permit for a period of time?
According to a chat with a staff member from IND (simply “IND”,
henceforth), the calculation will be elaborated as follows.
IND:
As long as one’s permit is valid or one applies for a new
permit before the end date of his/her/their current permit, this person has a
consecutive stay in the Netherlands.
If one has a valid residence permit or if there is a pending
application, this person can stay in the Netherlands.
I offer an example of myself:
After I received my last one grade on Osiris (the student
information system and educational administration system for Dutch
universities), which meant that I finished my master’s study, I immediately applied
for my current “orientation year residence permit” on 7 July 2023.
My current “orientation year residence permit” will expire at
23:59:59 of 6 July 2024.
If I want to do my 2nd master’s programme in a Dutch university from September 2024 on:
(1)
AS LONG AS the university (where I do my 2nd master’s programme) applies for a new residence permit for me BEFORE 23:59:59 of 6 July 2024, I can stay in the Netherlands during this period (i.e., July and August 2024) AND will be regarded as consecutively staying in the Netherlands.
(2)
AS LONG AS I graduate AFTER 00:00:00 of 4 September
2026, by IND, I will be acknowledged staying in the Netherlands consecutively
for 5 years.
NOTES:
It also means that in that case, if “being recognised by IND
as consecutively staying in the Netherlands for 5 years” per se is the goal I
want to directly achieve, I should deliberately extend my study for several
weeks.
As of March 2024, “consecutively staying in the Netherlands
for 5 years” indirectly leads to the “Dutch permanent residency” which is the critical step
towards the Dutch citizenship. If immigrating to the Netherlands is one’s
ultimate goal, “consecutively staying in the Netherlands for 5 years” is one of
the mandatory steps.
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