What is a residence gap?
A residence gap is a disruption in the legal residence in the Netherlands. During this period, a person stays illegally in the country, often unintentionally. A residence gap can range from a few days to months or even years.
How does a residence gap occur?
A residence gap kan arise in the following ways:
- The residence permit is not renewed or amended in time. This is the case when an application for extension or modification is submitted after the expiration date of the residence permit.
- The requirements of the residence permit are temporarily not met. If a person temporarily fails to meet the conditions of his or her residence permit, this may result in an interruption of the right of residence. This is the case, for example, if a highly skilled migrant is temporarily unemployed.
- Relocation of main residence. In case someone resides outside the Netherlands longer than allowed, the IND assumes a relocation of the main residence. Relocation of the main residence may result in revocation of the residence permit. In the main rule, the principal residence is relocated if someone stays outside the Netherlands for six consecutive months within a year (this does not apply to highly skilled migrants). Main residence is also displaced if someone stays outside the Netherlands for more than four months for three consecutive years.
What are the consequences of a residence gap?
A residence gap can have far-reaching consequences. Due to a residence gap, the residency rights accumulated in the years preceding the disruption become void. This can particularly affect those wishing to apply for permanent residency or naturalization. For such procedures, it is required that someone has had a continuous period of three to five years of lawful residence in the Netherlands. If there is a residence gap, this period of lawful residence starts over.
Extension within 4 weeks
For about a year, the IND has implemented a new policy regarding extension applications. According to the new policy, an application for renewal or a change of residence purpose can be submitted up to four weeks after the expiry date of the residence permit without creating a residence gap. If an application is submitted after this 4-week period, the IND will assess whether the delay can be justified.
Tips to Avoid a Residence Gap
Preventing a residence gap is crucial for maintaining legal residence and residency rights in the Netherlands. Here are some actionable tips to help you avoid this situation:
- Stay Informed about Expiration Dates: Regularly check the expiration date of your residence permit.
- Apply Early: Whenever possible, submit your application for renewal or change of residence purpose well before the permit expires. Doing this can safeguard against any unforeseen delays. An application can be filed three months before the residence permit expires.
- Document Your Circumstances: If you foresee any potential for delay in your application, gather relevant documents that might justify your situation. This will be helpful in the justification assessment, if needed.
- Main residence in the Netherlands: Make sure you do not stay outside the Netherlands for longer than the permitted period of six consecutive months. This will prevent a revocation of the permit.
Justification of a delay
Exceeding the expiration date does not always lead to a residence gap. In the event of a delay, there is often an opportunity to provide reasons that justify the late submission. There are cases where the individual is not responsible for the residence gap. The assessment of the excusability considers not only culpability but also the duration of the gap and personal circumstances of the applicant.
Conclusion
A residence gap can have unpleasant consequences and should be avoided as much as possible. If a residence gap occurs, it is crucial to take immediate action to close the gap and ensure lawful residence.
If you are facing (a potential) residence gap or have questions about your specific situation, feel free to contact us. You can call us at +31(0)20 223 24 66 or send an email to info@arslanlitadvocaten.nl. We are happy to help!
Author: mr. J. van Putten
