Month: January 2018

Who would take care of the children if something were to happen to both parents?

Posted on by Katerina Triantafillou

If your children are minors, living here in the Netherlands and both of you die, then a legal guardian will be appointed by the Dutch court according to either a wish by the parent(s) stated in a will/deed or filed by them with the Gezagsregister (Dutch custody register).
This law will apply from the day you move to the Netherlands and become a resident. If you are not married, live together and have children, a will and a co-habitation agreement are recommended.

You can appoint a guardian in a deed drawn up by a civil law notary or in your will or by registering your choice of guardian at the Dutch custody register. The guardian who could be a family member or someone else is the person who has authority regarding minor children and he/she raises them and represents them. He/she also administers the children’s inheritance, but in case you think that this person doesn’t have the required expertise, you can appoint an administrator. You can also appoint an executor who will take care of winding up the estate on behalf of the heirs (e.g. taking care of the funeral, paying taxes, selling the house, etc.).

Do I need a residence permit to live and/or work in the Netherlands?

Posted on by Katerina Triantafillou

If you want to stay in the Netherlands for longer than three months and you are not an EU/EEA or Switzerland citizen, you need to apply for a verblijfsvergunning (residence permit).

To obtain a residence permit, you will need to contact the Immigration and Naturalisation Service (Immigratie- en Naturalisatiedienst – IND). Please note that the requirements for a residence permit are dependent on your personal situation and circumstances. You will also find details on: ind.nl/en/stay-or-live-in-the-Netherlands.

Diplomats and international organisations’ employees obtain a special residence document, which is issued by the Ministry of Foreign Affairs (Ministerie van Buitenlandse Zaken). These are for people who are working on Dutch soil as a diplomatic or consular official, or who are employed at an international organisation. They enjoy a special ‘privileged’ status, are not considered foreigners under the auspices of the vreemdelingenwet (immigration law) and are entitled to a special residency status by law. Check out the protocol guide for international organisations published by the Ministry of Foreign Affairs.

Do I need a work permit in the Netherlands?

Posted on by Katerina Triantafillou

Whether you need a work permit depends on your residency status and nationality. Dutch work and residence permits are closely linked so your reason for moving to the Netherlands – for example, as a highly skilled worker, employee, student or family member – will determine what kind of permit you need to legally work in The Netherlands. More information can be found on the section ‘Work permits‘ of the ACCESS FAQ’s.

What is the Civic Integration Act and who does it apply to?

Posted on by Katerina Triantafillou

The Civic Integration Act stipulates that most people from non-EU countries who immigrate to the Netherlands and live in the Netherlands must learn Dutch and understand how the Dutch society works. This is referred to as inburgering (civic integration). The aim of the Dutch integration policy is to have everyone in the Netherlands, including newcomers, feel a sense of community with each other and involvement with the Netherlands. The government wants people who settle in the Netherlands to take part in Dutch society regardless of where they come from or what they believe in.

The requirements and exemptions for taking the inburgeringsexamen (civic integration examination) are amended on regular basis, you should always check the latest information provided on www.inburgeren.nl/en.

For more information about this topic visit the ACCESS FAQ’s Learning Dutch for civic integration.

Should I buy or rent a house or apartment in the Netherlands?

Posted on by Katerina Triantafillou

You may consider the following points before deciding to buy or rent a house:

  • The length of your stay: for a short period, it may be best to rent a house/apartment because of the costs associated with buying (approximately 6-7% of the purchase price) and potential renovation costs
  • Your budget: if you wish to buy, the bank will consider your income and assets to determine your maximum mortgage amount
  • Tax returns: depending on personal situation and taxable income

I want to rent or buy a property. Can you advise me how to find one?

Posted on by Katerina Triantafillou

The most efficient way to find a rental property or to buy a house in the private market is to use the services of a makelaar (real estate agent) with experience in helping expats to find one for you. Visit several agents to get a feel.

You can start by contacting the NVM – Nederlandse Vereniging van Makelaars (Dutch Association of Estate Agents) on  www.nvm.nl/overnvm/about (only a few pages in English, more information in Dutch).

NVM’s property site Funda.nl contains information about the houses in the various provinces; details can be selected by city, neighbourhood, building period, property type, size and price range. Here you will find both properties to rent and to buy (rent is called ‘huur’ and to buy is called ‘koop’)

For rental properties the site pararius.nl is a good place to start. It offers houses and apartments from real estate companies and sometimes from private owners as well.

Please note that the prices of rental properties offered on both websites are above the level of social housing.  For social housing are separate procedures and waiting lists for this are often ten years or more.
If you need a list of estate agents in your area, please contact the ACCESS Helpdesk.

Check HousingAnywhere for accommodation in:

Utrecht: https://housinganywhere.com/s/Utrecht–Netherlands

Rotterdam: https://housinganywhere.com/s/Rotterdam–Netherlands

Amsterdam: https://housinganywhere.com/s/Amsterdam–Netherlands

The Hague: https://housinganywhere.com/s/The-Hague–Netherlands

I need to find temporary accommodation for my family. Is it possible to find a short-term rental property in the Netherlands?

Posted on by Katerina Triantafillou

You can find short-term rentals with a minimum term of one week to a maximum of six months. They are nearly always fully furnished.

On arrival to the Netherlands, you need to register with the municipality. It is advisable to check with the landlord if he will allow you to register at this address. Otherwise, you can inquire with your employer if you can use their address for registration.

What is the difference between a short-stay apartment and a hotel room?

Posted on by Katerina Triantafillou

In comparison to a hotel, a short-stay apartment may offer more comfort, more space and more privacy with lower rates. Short-stay apartments are a great solution for:

  • flexible workers who are working on a project for weeks or months
  • accommodating friends and families who are visiting
  • new arrivals who first want to explore the city before renting long term
  • a temporary stay while renovating or moving

My partner and I are contemplating, registering our partnership. Can you please tell me how to go about with this and if there are any costs involved?

Posted on by Katerina Triantafillou

The registered partnership provides almost the same rights and responsibilities as marriage and they both have similar steps.

If you plan to register your partnership, you first need to inform the gemeente (municipality) of the city of residence of one of the partners involved. This is called ondertrouw (notice of intent to marry). You need to do this at least two weeks before the intended date of the partnership registration which must take place within one year of submitting the notice. If the one-year period expires, then you need to resubmit another notice of intent to marry.

The documents needed may vary depending on nationality, previous marriages and residence status in the Netherlands. It is advisable to find out well in advance what documents you need to meet the requirements by contacting your local municipality. Required documents for both partners are similar to the documents requested for the marriage.

My partner and I would like to have a religious marriage. What are the steps involved?

Posted on by Katerina Triantafillou

In the Netherlands, marriages may only be blessed by religious institutions after the civil marriage has taken place. It is up to the institutions to bless or solemnise the marriage. They are not obliged to do so. It is advisable to check with the religious institution of your choice.

Unlike a marriage, a registered partnership may not be blessed in a religious institution.

What is the applicable law in a divorce proceeding between spouses of different nationalities?

Posted on by Katerina Triantafillou

For every divorce element, different rulings determine which law is applicable. The most important divorce elements are: the divorce itself , child and spousal support, division of assets and property, children (parental authority, access rights) and pension. These rules are found in European Union regulations, conventions and the Dutch Civil Law. In most regulations, there are possibilities to opt for a certain law (for example on the divorce itself or the matrimonial regime), so be sure to get solid advice from a competent lawyer on this matter. Even if you share the same nationality, an international divorce will most likely incorporate aspects that may be subject to different national laws.

Sometimes filing a divorce in the Netherlands will suit you best; in other cases filing it abroad might be a better option.
If your partner has already filed for a divorce in any country, you cannot file for divorce anywhere else.
If you decide to file for divorce in the Netherlands, make sure that it will be recognized in your home country.

What is the jurisdiction of the Dutch Court in case of a divorce?

Posted on by Katerina Triantafillou

For two Dutch nationals, it is always possible to divorce in the Netherlands.

The Dutch Court has international competence when the two spouses live in the Netherlands, regardless of their nationality.

If only one of the spouses lives in the Netherlands and they don’t have a common Dutch nationality, the Dutch court is authorised as well, but in some cases it is necessary that one of the spouses has lived here at least one year. With ‘live’ is meant habitual residence. Only being registered in the Netherlands is insufficient to file for a divorce.

Once the Dutch Court is authorised regarding the divorce itself, the Dutch Court is also authorised regarding other divorce elements (assets, alimony, pension, etc.), except when it comes to children. Only when the children ‘live’ in the Netherlands does the Dutch Court have international competence. If not, the Dutch Court cannot make decisions about parental authority, access rights, etc.