Dutch or third-state nationality and permanent residence - NL Host Nation
5. Dutch or third-state nationality and permanent residence
5.1 General information
When an international organisation registers a staff member at the Ministry of Foreign Affairs, the Ministry determines whether the staff member holds Dutch nationality or is already permanently resident in the Netherlands.
In accordance with the applicable headquarters agreement and often, by implication, the Vienna Convention on Diplomatic Relations, staff members who are Dutch or are considered to be permanent residents are accorded fewer privileges and immunities than foreign nationals.
The term ‘permanently resident’ refers to article 37 of the Vienna Convention on Diplomatic Relations, and should not be confused with a permanent residence permit issued under the Dutch Aliens Act.
The following categories of staff members are considered permanent residents of the Netherlands for the purposes of the headquarters agreements:
As of 1 April 2016, an exception will apply to staff members of international organisations who, before taking up their position, had been residing in the Netherlands as a non-permanently resident family member under a headquarters or seat agreement. When a registered, non-permanently resident family member takes up employment with an international organisation, they will not be considered to be permanently resident.
Staff members who were not considered to be permanent residents while working for an international organisation will retain their non-permanent resident status if they take up employment with another international organisation in the Netherlands and their new contract takes effect no later than six months after their previous contract ends.
The following is taken into account when determining whether someone is considered a permanent resident of the Netherlands:
In some cases it will be necessary, pursuant to section 4, subsection 1 of the State Taxes Act (Algemene Wet inzake Rijksbelastingen), to conduct a further investigation into whether a person has permanent residence status for the purpose of fiscal privileges. The investigation will be conducted by the Ministry of Foreign Affairs.
5.2 Dutch nationals directly recruted from an EU member state
An exception is made for Dutch nationals who, prior to assuming their position with an International Organisation in the Netherlands, have lived and worked in one of the countries of the European Economic Area (EEA) or in Switzerland for a minimum of 12 months, and therefore exercised the right of free movement for workers. These persons are entitled to the same privileges and immunities as other diplomatic, technical or administrative staff members. They are given the annotation ‘/VV’ on their identity card, in addition to the regular code on the card (for example: ‘BO/VV, ‘AO/VV’).
In order to successfully establish proof of (1) residence and (2) employment in the country concerned, the International Organisation must – in each instance it submits an applicant for the ‘VV’ status – provide the following documentation:
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* In case the country from which the Dutch national has been recruited has no population register, additional proof of residency must be submitted, for instance: (i) a rental contract showing that the Dutch national has lived in that country for at least 12 months prior to moving to the Netherlands, (ii) water-, electricity-bills to that same effect, (iii) all other documents which may be helpful in establishing (former) residence in that country.
Contrary to the other privileged statuses provided by the Ministry of Foreign Affairs, dependents do not automatically follow the Dutch national’s ‘VV’ status. Separate applications must be submitted for each dependent eligible for the ‘VV’ status for assessment by the Protocol and Host Country Affairs Department. A dependent of Dutch nationality is eligible for the ‘VV’ status code addition if:
When an international organisation registers a staff member at the Ministry of Foreign Affairs, the Ministry determines whether the staff member holds Dutch nationality or is already permanently resident in the Netherlands.
In accordance with the applicable headquarters agreement and often, by implication, the Vienna Convention on Diplomatic Relations, staff members who are Dutch or are considered to be permanent residents are accorded fewer privileges and immunities than foreign nationals.
The term ‘permanently resident’ refers to article 37 of the Vienna Convention on Diplomatic Relations, and should not be confused with a permanent residence permit issued under the Dutch Aliens Act.
The following categories of staff members are considered permanent residents of the Netherlands for the purposes of the headquarters agreements:
- staff members who, at the time they were recruited by the international organisation, were in possession of a permanent residence permit issued by the IND;
- staff members who acquired a permanent residence permit issued by the IND after they have commenced employment with an international organisation;
- staff members who, at the time they began working for the international organisation, had been residing in the Netherlands for a consecutive period of longer than six months. In principle, this rule does not apply if they had previously worked for the same or another international organisation or diplomatic mission in the Netherlands without being considered permanent residents.
As of 1 April 2016, an exception will apply to staff members of international organisations who, before taking up their position, had been residing in the Netherlands as a non-permanently resident family member under a headquarters or seat agreement. When a registered, non-permanently resident family member takes up employment with an international organisation, they will not be considered to be permanently resident.
Staff members who were not considered to be permanent residents while working for an international organisation will retain their non-permanent resident status if they take up employment with another international organisation in the Netherlands and their new contract takes effect no later than six months after their previous contract ends.
The following is taken into account when determining whether someone is considered a permanent resident of the Netherlands:
- A staff member who is an EU citizen and who has a residence document under section 8 (e) of the Aliens Act 2000 will not be considered a permanent resident solely on the basis of this document. For the definition of this document see section 9, subsection 2 of the Aliens Act 2000.
- Staff members who are considered permanent residents of the Netherlands (DV status) will retain this status if they leave the Netherlands and return within 12 months.
In some cases it will be necessary, pursuant to section 4, subsection 1 of the State Taxes Act (Algemene Wet inzake Rijksbelastingen), to conduct a further investigation into whether a person has permanent residence status for the purpose of fiscal privileges. The investigation will be conducted by the Ministry of Foreign Affairs.
5.2 Dutch nationals directly recruted from an EU member state
An exception is made for Dutch nationals who, prior to assuming their position with an International Organisation in the Netherlands, have lived and worked in one of the countries of the European Economic Area (EEA) or in Switzerland for a minimum of 12 months, and therefore exercised the right of free movement for workers. These persons are entitled to the same privileges and immunities as other diplomatic, technical or administrative staff members. They are given the annotation ‘/VV’ on their identity card, in addition to the regular code on the card (for example: ‘BO/VV, ‘AO/VV’).
In order to successfully establish proof of (1) residence and (2) employment in the country concerned, the International Organisation must – in each instance it submits an applicant for the ‘VV’ status – provide the following documentation:
- an extract from the population register* of the place of residence in the country from which the Dutch National has been recruited;
- an extract from the population register of the current place of residence in the Netherlands showing that after leaving the country in question the Dutch national registered or was registered with a municipality in the Netherlands;
- an (official, signed/stamped) employer’s statement from the position held in the other country by the Dutch national directly prior to being recruited for the International Organisation in the Netherlands.
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* In case the country from which the Dutch national has been recruited has no population register, additional proof of residency must be submitted, for instance: (i) a rental contract showing that the Dutch national has lived in that country for at least 12 months prior to moving to the Netherlands, (ii) water-, electricity-bills to that same effect, (iii) all other documents which may be helpful in establishing (former) residence in that country.
Contrary to the other privileged statuses provided by the Ministry of Foreign Affairs, dependents do not automatically follow the Dutch national’s ‘VV’ status. Separate applications must be submitted for each dependent eligible for the ‘VV’ status for assessment by the Protocol and Host Country Affairs Department. A dependent of Dutch nationality is eligible for the ‘VV’ status code addition if:
- their Dutch spouse or parent, who works for an international organisation, is accorded the ‘VV’ status, as per the abovementioned conditions;
- they have lived for at least 12 months in one of the countries of the European Economic Area or Switzerland directly prior to when their spouse or parent assumed his/her position with the international organisation. In order to demonstrate proof of residence, the documentation mentioned under A and B must be included in the application.