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Investor Visa Program for The Netherlands
by Jelle Kroes, Everaert Advocaten Immigration Lawyers, The Netherlands
Dutch immigration rules for independents, business proprietors and investors are based on the concept of added value for the Dutch economy.
A points based system was introduced on 3 January 2008. The system is administered by the Immigration service (IND), an agency of the Ministry of Justice. The assessment and allocation of points is carried out by SenterNovem, an agency of the Ministry of Economic Affairs.
Processing takes some 3 to 6 months.
Applicants receive a residence permit for one year, allowing them to work within the scope of the business, renewable every year as long as the applicant keeps fulfilling the conditions. The main condition for renewal is that the holder of the permit keeps being active in the business and keeps his or her personal income up to welfare level (i.e. some € 800,- net per month). However with the new system random or even routine checks of the sucsess and development of the business and of the investments may well be taken into account.
Summary of the points system
Below is a table to give an idea of the system. Points can be earned for personal experience, business plan and added value for the Netherlands. Per category 100 points can be earned, whereas the required minimum per category is 30 points (i.e. a total of 90 points). The sub-categories investments and job creation are filled out in their entirety. Other categories are summarized.
|
|
sub-category |
max. pts |
breakdown of categories |
pts |
|
experience
(30 pts required) |
education |
40 |
e.g. Masters degree |
30 |
|
as entrepreneur |
35 |
e.g. company owner |
30 |
|
as employee |
10 |
e.g. senior > 5 years |
9 |
|
in the Netherlands |
15 |
e.g. Dutch client |
5 |
|
business plan
(30 pts required) |
commercial prospects |
50 |
market analysis + clientèle + etc |
15 |
|
unique selling pt +marketing +etc |
25 |
|
price |
10 |
|
organisation |
10 |
e.g. supporting the product |
10 |
|
financial justification |
40 |
private capital > € 10.000,- |
15 |
|
sales e.g. > € 125.000,- |
10 |
|
added value
(30 pts required) |
innovativity |
40 |
e.g. patents |
20 |
|
job creation (applicant not included) |
30 |
general positions |
0,5-2 |
5 |
|
" |
2-5 |
10 |
|
" |
5-10 |
20 |
|
" |
> 10 |
30 |
|
salary > € 45.000,- |
1-3 |
10 |
|
" |
3-6 |
20 |
|
" |
> 6 |
30 |
|
investments |
30 |
assets € 0,- to € 50.000,- |
5 |
|
assets > € 50.000,- |
10 |
|
assets > € 100.000,- |
20 |
|
assets > € 1.000.000,- |
30 |
Additional remarks
Investments in distressed businesses or in rural or high unemployment sectors or areas are not treated differently, but may lead to points being allocated more easily.
The system does not involve a finders fee or incentive.
Entrepreneurs (proprietors, etc) are considered independent if they own more than 20% of the company. The age threshold is 60 years.
Spouses, unmarried partners, and children under 18 years of age, are able to join the entrepreneur, in which case the income of the entrepreneur should be at least some € 1.400,- net per month.
USA, Japan
Nationals of the USA and Japan do not have to prove that they serve the Dutch interest, pursuent to bilateral treaties. Therefore the points system does not apply, unless it would be more favourable. The Treaty of Friendship and Trade between the United States and The Netherlands allows American entrepreneurs to obtain a residence permit, provided an element of trade between the two countries is involved in their business and a capital is invested of a mere € 4.500,-. Comparable criteria apply to Japanese entrepreneurs, based on the 1913 bilateral Trade and Seafaring Treaty. This agreement used to be ignored by the IND but was put on the map again in recent State Council case law (State Council, Judiciary dept. 8 August 2008 (200800100/1). It is, however, yet to be implemented in the policy rules.
