In contrast to most of the other non-EU nationals, American entrepreneurs applying for a permit under the treaty do not need to satisfy the difficult points-based test that is often a barrier for non-EU nationals to obtain a permit as self-employed.
American citizens who want to work and live in the Netherlands are allowed to apply for a residence permit under the DAFT to start their own business, either as freelancer or as a company. The professionals that are welcome in the Netherlands under the DAFT are for example IT-specialist and computer software specialists, website developers, writers, music and video production companies, audio recording and mastering studios, designers, project managers, consultants and technical and non-technical researchers. Any service or trade is basically welcome in the Netherlands under the DAFT, except licensed professionals such as attorneys, doctors and notaries.
The financial requirements for American entrepreneurs, setting up a sole proprietorship, are a minimal capital investment of EUR 4.500 in a Dutch business bank account. A partnership or a limited corporation (Besloten Vennootschap, BV) would require at least 25% of the capital and a minimum of EUR 4.500. In the case of a public corporation (Naamloze Vennootschap, NV), there must be at least 25% of the placed capital, amounting to a minimum of EUR 11.250. These minimum funds may not be not being borrowed.
CONDITIONS TO BE MET
In order to apply successfully for a Dutch residence permit under the DAFT, the following conditions should be met:
• You start a new business, invest in an existing business, or establish a branch office of an American company, or you follow a profession in the Netherlands;
• Show a certification that the required capital investment has been deposited in a Dutch business bank account;
• You must Maintain the capital investment for at least 4 years;
• You must register a qualifying company at the Dutch Chamber of Commerce;
• You have to obtain a Dutch tax number (BSN or Burger Service Number);
• You have to sign up for Dutch health insurance and dental care;
• You have a valid passport;
• You must register at a local municipality in the Netherlands;
• You are not a risk to public order or national security;
• You have sufficient and long-term means of financial support;
• You have not previously stayed in the Netherlands without a legal status;
• You have not given false information in or withheld important information from any previous applications.
It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application.
Our firm will help navigate you through the DAFT immigration laws and procedures. We will provide you – and your family – with the necessary assistance and guidance to reach your unique personal and business goals.
Thanks to its large network our Dutch partners, based in The Hague, can also help you to find the right supplier for other services or products you need, such as a bookkeeper/accountant or tax advisor.
Our Law Firm is equipped to offer you the high-standard legal services of an attorney-at-law/barrister and to provide you with top-quality legal services. On top of that, we can supply you with all the support to make your business a success, and help guide you – and your family – in order to make you feel right at home in the Netherlands.
We can assist you with the start of your application process and help you meet all the requirements of the relevant immigration rules. We can assist you with your applications for any type of visa or permit and any form of leave to remain (or for entry clearance) under the Dutch and several other legal systems all over the European Union.
We also commits ourselves to substantiating your application with due evidence, thereby helping to assure your successful application and avoiding unnecessary loss of time and money. Indeed, our Immigration Department does its best to see that our clients comply with the immigration rules and the strict requirements of the Immigration and Naturalization Service (IND, Ministry of Security and Justice) prior to making an application, thereby eliminating much of the stress of the application process.
Thanks to our track record of success, you can be assured that the application is in safe hands and that the optimal strategy for your case will be adopted.