May a foreign national holding a ‘search year’ residence permit work as self-employed while an application for a residence permit for self-employment is pending? This is a significant question, particularly because the application process often involves seeking advice from an external body—such as  RVO (Netherlands Enterprise Agency)—which frequently results in a lengthy wait for a decision. If the self-employed is not permitted to continue operating their business — often established earlier during the search year— while the application is pending, it becomes more difficult for them to support themselves and to meet the requirements for the self-employment residence permit.

Previously, this was permitted. IND work instruction 2022/2, “Guidelines for issuing labour market endorsements for stays exceeding three months,” stated that foreign nationals submitting an initial application for residence for the purpose of self-employment or a start-up were allowed to (continue to) work as self-employed while awaiting the decision on their application. However, an IND information notice (2023/89) subsequently indicated that this was incorrect and not permitted. Consequently, various self-employed individuals were issued residence stickers that did not authorize them to work during the application process.

In 2024, the court had already ruled that self-employed artists must be issued a sticker allowing them to continue working during their application process. Nevertheless, in April 2026, a client of Scheers Advocatuur—who had launched an innovative start-up with the assistance of a facilitator—was issued a residence sticker that did not permit self-employment during the application process. The objection filed by Scheers Advocatuur against that labour market endorsement has now been declared well-founded (see IND’s decision on the objection), confirming that the client may continue to work as a self-employed person during the application process. A new work instruction (2026/27, ‘Guidelines for issuing labour market endorsements for stays exceeding three months’) has since been issued, explicitly stating that (self-employed) work is indeed permitted during the application process.

It can therefore be worthwhile to carefully check the details stated on the IND residence sticker. If the sticker indicates that self-employed work is not permitted, a timely objection can be lodged —within four weeks of the sticker being affixed.