Permanent residence status
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When a diplomatic mission or consular post registers a staff member at the Ministry of Foreign Affairs, the Ministry assesses whether the staff member has permanent residence status (Duurzaam Verblijf, DV) in the Netherlands. Staff members of diplomatic missions and consular posts who receive permanent residence status are not entitled to fiscal and other privileges but only to functional immunities.
General information
When a diplomatic mission or consular post registers a staff member at the Ministry of Foreign Affairs, the Ministry assesses whether the staff member has permanent residence status (Duurzaam Verblijf, DV) in the Netherlands.
This terminology is derived from article 37 of the Vienna Convention on Diplomatic Relations, and should not be confused with a permanent residence permit as issued under the Dutch Aliens Act. After receiving the application for the staff member of the diplomatic mission or consular post, the Ministry, in consultation with the Tax and Customs Administration (Belastingdienst) and the Immigration and Naturalisation Service (Immigratie en Naturalisatie Dienst, IND), assesses whether the staff member concerned should be considered to have DV status. The application must contain accurate and complete information concerning previous residence or employment in the Netherlands. Incorrect applications could have retroactive implications for the fiscal privileges and status enjoyed.
Staff members of diplomatic missions and consular posts who receive permanent residence status are not entitled to fiscal and other privileges but only to functional immunities.
Permanent residents receive an annotation on their privileged person’s identity card in addition to the regular annotation on the card (i.e. the code DV). Examples are: BD/DV, AD/DV.
Staff members residing in the Net herlands prior to employment at the diplomatic mission
If a person resides in the Netherlands prior to employment at the diplomatic mission or consular post, he or she should be in possession of a valid residence permit and employment permit provided by the IND. If this is the case, the Ministry of Foreign Affairs will consider this person to have permanent residence status (DV). The person involved should also be in possession of a work permit (tewerkstellingsvergunning) from the Centre for Work and Income (Centrum Werk en Inkomen, CWI).
Right to a permanent residence permit after 10 years
Staff members of diplomatic missions or consular posts who have been legally registered in the Netherlands for a continuous period of 10 years (with either the IND or the Ministry of Foreign Affairs), and who are still employed by the diplomatic mission or consular post must apply for a permanent residence permit. This is based on chapter B12 of the Aliens Act Implementation Guidelines (Vreemdelingencirculaire). The same obligation applies to dependent family members over 18 years of age forming part of the staff member’s household.
Staff members who fulfil these criteria must apply for a permanent residence permit in the Netherlands, which will enable them to stay in the Netherlands legally after termination of their employment with the diplomatic mission or consular post.
The Ministry of Foreign Affairs and the Ministry of Finance will consider the person concerned a permanent resident (DV) from the date on which the permit takes effect, as stated in the decision, regardless of whether he or she has applied for a permanent residence permit. This means that no privileges can be enjoyed after that date.
The lawful stay requirement does not apply to staff members of diplomatic missions and consular posts who have a right to permanent residence under the applicable EU directives.
Staff members residing in the Netherlands prior to employment at the diplomatic mission or consular post
The Dutch Aliens Act applies to non-Dutch nationals recruited by an embassy or consular post in the Netherlands. This means that they remain registered with the IND and the personal records database of the municipality in which they live. Five years after their admission to the Netherlands they will become eligible for a permanent residence permit issued by the IND. It is not necessary to have been employed by the same employer for five years.
Under the Dutch Civic Integration Act (Inburgeringswet), staff members applying for a permanent residence permit may be obliged to take a civic integration exam (inburgeringstest).
For questions regarding the permanent residence permit, please call the IND helpdesk on (070) 888 0000, and select option 1.
Identity cards and DV
As a rule, staff members of diplomatic missions or consular posts who are considered permanent residents and Dutch nationals are only issued a privileged person’s identity card if the card serves to identify them as having immunity from jurisdiction and personal inviolability in relation to acts performed in the course of their official duties (functional immunity). If persons possess both Dutch nationality and a foreign nationality, they will be regarded as Dutch nationals.
As a general rule, family members of a staff member who is a permanent resident are not issued a privileged person’s identity card. For full details, see 'Identity cards', and the Addendum.
Dutch nationals receive an additional annotation on their privileged identity card alongside the regular annotation, i.e. code NL. Examples: BD/NL, AD/NL.