Self-employed residence permit — Dutch-American Friendship Treaty

Do you want to call on the Dutch-American Friendship Treaty or Dutch-Japanese Trade Treaty? These requirements apply: You meet the general requirements that apply to everyone. You have the nationality of United States of America (US) or Japan. One of these situations applies to you. You trade between the Netherlands and the United States of America or Japan. You develop and lead the business operations of a business in the Netherlands. This means that one of these situations applies to you. You represent a US or Japanese business and have a key position (very important position) at that business. You practise an independent profession. This does not apply if you work for or on behalf of the government or in the healthcare sector. You invest a lot of money (substantial capital) in your business.

You trade between the Netherlands and the United States of America or Japan. You develop and lead the business operations of a business in the Netherlands.

Do you not yet have a residence permit in the Netherlands? And are you making a first-time application based on a treaty? Then you must register with the Chamber of Commerce and make the investment within 6 months. This period begins on the date shown at the top of the letter containing the decision on your application. If you do not do this, the IND may revoke your permit.

Are you applying for an extension of your residence permit based on a treaty? The IND requires the annual accounts and a balance sheet or income statement. This is to check if the company has been active and if the invested capital remained in the business.

If you are self-employed under the Dutch-American Friendship Treaty or the Dutch-Japanese Trade Treaty:

• Documentary evidence that you have invested a substantial capital in your company/enterprise.

For a sole proprietorship, general partnership (VOF), limited partnership (CV) or private limited liability company (BV) a minimum capital of € 4,500 applies. For a public limited company (NV) a capital investment of at least €11,250 applies.

Do you have or are you applying for a residence permit for a self-employed under the Dutch-American Friendship Treaty or the Dutch-Japanese Trade Treaty?

Then your residence permit says ‘work allowed on a self-employed basis, work as an employee only allowed with a work permit’ (in Dutch: arbeid als zelfstandige toegestaan, arbeid in loondienst alleen toegestaan met tewerkstellingsvergunning (TWV)). This means that, with this residence permit, you are only allowed to work if your employer has a work permit (TWV) for you.

Your family members or relatives are allowed to work in the Netherlands without a work permit (TWV). It says on their residence permit ‘work allowed on a self-employed basis, free to work, no work permit required’

Have you worked in the Netherlands for 5 years? Then you no longer need a work permit (TWV) to work in the Netherlands.