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Filed: AOS (pnd) Country: Netherlands
Timeline
Posted

I wanted to reply to a thread in here from a Japanese person wanting to move to Europe but that thread is over a year old so I decided to just open a new one because I couldn't find anything about it through the search and some people might be interested!

 

I moved to the US from the Netherlands but before that I filed for a resident permit for my American husband in The Netherlands and 2 extensions (nearly 10 years total). The permit we got is literally the easiest way to move to Europe but it has its cons! But depending on your situation it might just be exactly what will work for you, it worked for us!

 

You can easily move to The Netherlands through the DAFT (Dutch American Friendship Treaty) or the DJTA (Dutch Japanese Trade Agreement). If you meet all the requirements your visa will NOT be denied and you can start your life in The Netherlands pretty quickly. But it has the downside that you need to provide for yourself either with your savings or with the revenue of the business you will set up there. In our case my husband had enough savings and I worked. I just couldn't file for a family based permit back then because I did not meet the income threshold back then, so this was the best option for the initial permit and the 1st extension, we changed it to family based with the second extension when I was financially stable.

 

This process is perfect if you are an entrepreneur and would love to start your business in Europe. Unlike The United States, you do not have to invest a lot. All you need to invest is 4500 euros and keep that in your bank account, should never get under!! If you are already making money now and you can work from anywhere in the world, all you would have to do is set it all up and move your income to the Netherlands and you're set. You can file for Dutch citizenship after 5 years. Be aware though (certainly as an American, not sure about Japanese) that you might not appreciate the income tax rate in The Netherlands or other costs of living! I am just explaining the possibility for those who would like to move to Europe (The Netherlands in this case).

 

Below some links with information. Once in The Netherlands you can freely move and stay up to 90 days per 180 days in any of the Shengen countries: https://ind.nl/en/travelling-within-the-schengen-area-with-a-residence-permit-or-visa

 

So it's financially not for everyone. It is an expensive permit (was around 1275 euros back in 2013, not sure how much it is now but probably close to 1500 euros) plus the costs for your business startup (won't break the bank but will add up to the rest), housing costs and the 4500 (approx. $4800) you will have to let sit in your bank account for all the years you are there on that particular permit without being able to touch it. You will not be able to get any government benefits and you are not able to work, except in your own business.

 

So 'easy' is maybe not the right word, but for those with loved ones in Europe who are inadmissible to the USA or can not move to the USA (yet) for other reasons, and might not meet the income threshold (yet) for a family based permit this might be a way to be together.

Or for those who are born entrepreneurs and are confident that they can build something to support themselves, it is a great option. I am posting it because this option is not promoted (at least not when we started the process), you have to know about it because someone told you. So here you go.

 

Some information from the IND (Dutch USCIS) website:

 

 

Requirements of the Dutch-American Friendship Treaty or Dutch-Japanese Trade Treaty

Do you want to call on the Dutch-American Friendship Treaty or Dutch-Japanese Trade Treaty? These requirements apply:

  • You meet the general requirements that apply to everyone.
  • You have the nationality of United States of America (US) or Japan. 
  • One of these situations applies to you.
    • You trade between the Netherlands and the United States of America or Japan. 
    • You develop and lead the business operations of a business in the Netherlands. This means that one of these situations applies to you.
      • You represent a US or Japanese business and have a key position (very important position) at that business. 
      • You practise an independent profession. This does not apply if you work for or on behalf of the government or in the healthcare sector. 
      • You invest a lot of money (substantial capital) in your business. The level of this sum depends on the form of your business. For most forms, the IND requires a minimum investment of €4,500. See the rules on substantial capital investment (only available in Dutch).

How we process your application per April 2024

Are you making a first-time application based on a treaty? Register with the Chamber of Commerce within 6 months after you received your residence permit. If you do not do this, the IND may revoke your permit.

Are you applying for an extension of your residence permit based on a treaty? The IND requires annual accounts of you and a balance sheet or income statement. This is to check if the company has been active and if the invested capital remained in the business.

 

 

https://ind.nl/en/residence-permits/work/residence-permit-self-employed-person#requirements

 

 

There is some information on sites of immigration lawyers about how you need a business plan and you need to trade between the US - Netherlands or Japan - Netherlands and that it must benefit Dutch culture, but that was not true for us. Unless that has changed (although that info was already floating around back then), this is all not needed. We opened a simple computer business, had no business plan and did not trade between the US and The Netherlands. In fact, we ha a pretty low revenue because for us it was mainly to add enough to my salary and not our only source of income. All we had to show with the extension was a statement by an accountant that the 4500 bucks was always the minimum in the bank account and was never spent. Other than that and a bunch of fresh paperwork, we had no issues getting the second 5-year permit. So do not believe everything you read, if you have an average IQ I am going to assume you will be able to handle this process easily yourself.

p.s. I have no idea how it works if you do it as a family! But I am sure there is some info to be found on that.

 

I hope it's useful to someone! I know I was happy back in 2012-2013 that someone told me about it o I am just paying it forward!

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Very helpful thread for those potentially interested.  Thanks for expending the effort to type it all up.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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