The “temporary” pilot that quietly continues after April 2026
In 2024 we wrote that the DAFT pilot was back. At the time, the Immigration and Naturalisation Service (IND) introduced a temporary working method for so‑called treaty applications, including the Dutch‑American Friendship Treaty (DAFT) and the Dutch‑Japanese trade treaty. This pilot started on 1 April 2024 and was initially expected to run for two years, until April 2026.
We are now long past that original end date – and the pilot has quietly been extended. In practice, the IND simply continues to apply the same working method for DAFT and other treaty‑based applications, without a major public update or a clear new end date. For the time being it seems that the IND has adopted what was initially a pilot as its regular mode for handling DAFT applications.
For American and Japanese entrepreneurs this is good news, but the same warning still applies: the six‑month rule after approval remains crucial.
What the DAFT pilot changed – and why it matters
Under the DAFT pilot, the IND introduced a different approach to first‑time treaty‑based residence applications. In short, for first applications:
- The IND no longer requires all treaty‑specific conditions are met before granting the residence permit.
- The IND does still check the general conditions, such as public order and national security.
- The IND can still decide to perform a full substantive check up front if it sees reason to do so.
- This approach was intended to make DAFT and similar applications faster and more workable in practice. Instead of proving every treaty requirement before arrival, most US and Japanese entrepreneurs now receive their residence permit earlier and get time in the Netherlands to arrange their business and practical matters.
Now that the pilot has been quietly extended beyond April 2026, this more flexible practice simply continues. For DAFT applicants, the front end of the process remains relatively accessible – but the real test comes afterwards.
The six‑month rule remains: register and invest in time
The key element that has not changed is the six‑month compliance period after the DAFT permit is granted.
Within six months after the residence permit is issued, the entrepreneur must:
- register the company in the Dutch Chamber of Commerce (KvK), and
- contribute the required capital into the Dutch business.
If this is not done (in time), the IND can withdraw the residence permit with retroactive effect. The IND may also perform random checks after six months and send a “herstel verzuim” letter asking the entrepreneur to prove that:
- the company is indeed registered in the KvK, and
- the required capital has been deposited into the business.
So, although the pilot has been extended and the application process remains more flexible at the start, the six‑month rule is still strictly applied. The residence permit gives you an opportunity – but not a guarantee – to stay if you do not meet the DAFT conditions in time.
Quiet extension: what this means for DAFT and other treaty applicants
The fact that the pilot continues past April 2026 without much publicity has some practical consequences:
- Entrepreneurs who are now applying under DAFT can still benefit from the more accessible application phase.
- The same risks apply: if you do not organize your KvK registration and capital contribution within six months, your right of residence remains vulnerable.
- Because there is no clear new end date, it is wise to assume that the IND can always adjust its practice again in the future.
In other words: the DAFT route remains attractive for many American entrepreneurs, but it requires careful planning – not only for the application itself, but especially for the period after approval.
How Arslan | Lit Advocaten can assist with DAFT
At Arslan | Lit Advocaten we guide DAFT entrepreneurs through both phases that are now essential:
The application phase
- Assessing whether DAFT (or the Dutch‑Japanese treaty) is the best route.
- Structuring your business set‑up and documentation for the IND.
- Preparing for the possibility that the IND still wants a full check up front.
The six‑month compliance phase
- Mapping out a realistic timeline for KvK registration and capital contribution.
- Checking whether your structure and investments meet the DAFT requirements.
- Responding to IND correspondence, including “herstel verzuim” letters or questions about your business activities.
Are you considering applying for a residence permit under DAFT, or are you already in the Netherlands with a DAFT permit and unsure whether you meet the six‑month conditions? We are happy to review your situation, your business plan and your timing, so that you can make use of the extended pilot without running unnecessary risks for your residence status. Feel free to call us at 0031202232466, or send us an email at usdesk@arslanlitadvocaten.nl.
