オランダの居住許可証を失効した場合:失効の理由、手続き、そして選択肢

居住許可の喪失、移民、精神的影響

The IND can withdraw a regular residence permit, or refuse to extend it, if you no longer meet the conditions, if you gave incorrect information, if you are a danger to public order, or if you have moved your main residence abroad (Articles 18 and 19 Aliens Act 2000, Vreemdelingenwet, Vw). The most important exception to immediate loss: if you object on time against a withdrawal, the decision is in principle suspended until the IND has decided on the objection (Article 73 Vw).

Below we explain the common grounds, how the procedure works, the options to keep your stay and what permit holders and employers should each check. This page covers regular residence permits, such as those for work, study and family; asylum permits follow different rules.

On which grounds can the IND end your permit?

The grounds for refusing an extension are listed in Article 18 Vw, and Article 19 Vw allows withdrawal on the same grounds. In practice, four situations account for most cases.

  • The purpose has ended: you lost your job, your relationship ended or you stopped your studies.
  • Conditions no longer met: for example, your income or your sponsor’s income falls below the required level.
  • 誤った情報: the permit was granted on the basis of incorrect or incomplete information.
  • 治安: a criminal conviction can lead to withdrawal; the IND weighs the sentence against the length of your lawful stay.

Before deciding, the IND weighs your interests, including family life and the protection of Article 8 of the European Convention on Human Rights (ECHR). The longer you have lived lawfully in the Netherlands, the heavier your interest weighs.

What happens if you lose your job as a highly skilled migrant?

You have a search period to find a new employer that is a recognised sponsor. If you became unemployed on or after 22 May 2026 and have held the permit for two years or more, the search period is up to six months; otherwise it is up to three months.

The search period starts on the day your contract ends and cannot run beyond the expiry date of your permit. If no new employer has registered you with the IND by the end of the period, the IND may withdraw the permit. Your employer must report the end of the employment to the IND, in most cases within four weeks.

What happens if your relationship ends?

A residence permit to stay with a partner depends on the relationship. When it ends, the purpose of stay ends, and the change must be reported to the IND.

You may be able to switch to an independent residence permit, for example on humanitarian non-temporary grounds, depending on your situation. If you have held a five-year residence permit as a family member, you can apply for a permanent residence permit. Make sure an application is filed before your current permit ends.

Can you lose your permit by staying abroad?

Yes. The IND assumes that you moved your main residence out of the Netherlands if you were abroad for more than six consecutive months in a calendar year, or for more than four consecutive months in three consecutive years while the centre of your activities moved abroad.

For long-term EU residents, the thresholds are different: more than twelve consecutive months outside the EU, EEA and Switzerland, or more than six consecutive years outside the Netherlands. Stays abroad due to force majeure, such as illness, do not count. Check the rules on インド国内 before a long stay abroad.

How does the withdrawal procedure work?

The IND usually first sends an intended decision (voornemen) and gives you the opportunity to respond in writing (zienswijze). Your response is the first and best moment to submit documents.

  1. Intended decision: the IND sets out the facts and grounds; you respond within the period stated in the letter.
  2. 決定: the IND withdraws the permit or decides not to. The decision states whether you may wait for an objection in the Netherlands.
  3. 異議: you object in writing within the period stated in the decision, usually four weeks. Under Article 73 Vw, the withdrawal is in principle suspended until the IND has decided on the objection.
  4. アピール: if the objection is rejected, you can appeal to the district court. An appeal in a regular case does not suspend the decision automatically; you then need interim relief (voorlopige voorziening).
  5. Return decision: once the decision takes effect, you must in principle leave the Netherlands within four weeks (Article 62 Vw).

Since 15 April 2025, the IND no longer owes an automatic penalty (dwangsom) for late decisions. The court can still order the IND to decide within a set period, with a penalty for further delay.

What options do you have to keep your stay?

Often the best answer is not to fight the withdrawal but to apply for another permit in time. You can apply to change the purpose of your residence, for example from study to work, or from partner to highly skilled migrant.

Apply before your current permit expires: a timely application for extension or change keeps your stay lawful while the IND decides. After five years of lawful residence, check whether you qualify for a permanent residence permit or the status of long-term EU resident, which gives stronger protection. Read more on the IND page on changing the residence purpose.

許可証保持者として確認すべき事項は何ですか?

  • On which ground does the IND base the intended decision, and is the factual basis correct?
  • What is the deadline for your written response or objection?
  • Does the decision allow you to await the objection in the Netherlands?
  • Can you switch to another residence purpose or apply for permanent residence?
  • How many months have you spent abroad per calendar year?
  • Does your residence document still allow you to work during the procedure?

雇用主またはスポンサーとして、どのような点を確認すべきでしょうか?

  • Have you reported the end of employment or other changes to the IND, in most cases within four weeks?
  • Do you keep the records on the employee until five years after your sponsorship ends?
  • Does the employee’s document still allow work under the Foreign Nationals Employment Act (Wav)?
  • Is a new employer able to act as recognised sponsor within the search period?
  • Have you recorded permit expiry dates with a timely reminder?

What can we do for you when you risk losing your residence permit?

現場の声を力強いメッセージへ。 移民法 team acts for expats, family members and employers in regular migration cases.

  • We review the intended decision and draft your written response to the IND within the deadline.
  • We draft the objection and, where needed, request interim relief from the district court.
  • We assess whether you can switch to another residence purpose or apply for permanent residence.
  • We advise employers on their reporting duties and on continuing the employment.
  • We bring an appeal to the district court against a rejected objection.

製品概要

  • The IND can refuse to extend or withdraw a regular permit on the grounds in Articles 18 and 19 Vw.
  • An objection against a withdrawal in principle suspends the decision (Article 73 Vw).
  • Highly skilled migrants have a search period of three months, or six months in certain cases since 22 May 2026.
  • Staying abroad for more than six consecutive months in a calendar year can end your permit.
  • Applying in time for another residence purpose is often the most effective option.

よくある質問

Can the IND withdraw my residence permit without warning?

Usually the IND first sends an intended decision and gives you the opportunity to respond in writing. Use that opportunity to correct facts and submit documents.

How long can I stay abroad without losing my permit?

For a regular permit, the IND assumes you moved your main residence if you were abroad for more than six consecutive months in a calendar year, or more than four consecutive months in three consecutive years. Long-term EU residents have different thresholds.

What happens if I lose my job as a highly skilled migrant?

You have up to three months to find a new recognised sponsor, or up to six months if you became unemployed on or after 22 May 2026 and have held the permit for two years or more. The period cannot run beyond your permit expiry date.

Must I leave the Netherlands immediately after a withdrawal?

Not if you object on time and the decision allows you to wait in the Netherlands. Once the withdrawal takes effect, you must in principle leave within four weeks.

ルビーファンケルスベルゲン
ルビー・ヴァン・ケルスバーゲンは、次の法律事務所の弁護士です。 Law & More in Eindhoven (NAIST) と Amsterdam彼女は契約法、会社法、企業法務サービスを専門としており、移民法にも携わっている。

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この記事は一般的な情報を提供するものであり、個々の状況に応じたアドバイスに代わるものではありません。

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