Scheers Advocatuur is regularly asked whether a long-term resident from another EU member state is allowed to stay and work in the Netherlands. This concerns persons with a non-EU nationality who have a long-term resident permit – the EU permanent residence permit – in another EU Member State.
The answer to this question is no, at least not without a Dutch residence permit. To be allowed to work in the Netherlands, the long-term resident needs a Dutch residence permit and for the first year of paid work, the employer needs a work permit. However, sometimes having other income or sufficient resources (bank account balance) can be sufficient for a residence permit and the right to work.
However, the requirement for a work permit (twv) only applies to the first year. After the long-term resident has legally resided in the Netherlands for one year, this person may work as an employee and a work permit is no longer required. This also applies to those who have not had a right of residence in the Netherlands for a period of time after one year of legal residence, as the IND determined in a case involving a client of Scheers Advocatuur. This client had his residence permit revoked for a period in the past, after which he stayed in the Netherlands for a while without a residence permit. Subsequent applications for new residence permits have been rejected several times. The last application for paid employment was rejected because, according to the IND, the application was submitted too late and no work permit had been issued for the work in question. In its objection, Scheers Advocatuur argued that there is a right to work under both EU law and national law and that this right may not be limited. This right to work without a work permit also applies if this person has legally resided in the Netherlands for a year and after that time the residence permit is withdrawn and for a while there is no longer a right of residence. This objection has now been declared well-founded in this decision and the residence permit has been granted.
For more information about the rights of long-term residents from other Member States, please contact Scheers Advocatuur.