EU, EEA and Swiss nationals no longer required to register with Dutch Immigration Authorities

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On 16 July 2014 the Dutch Government ruled that nationals of the European Union, the European Economic Area or Switzerland are no longer required to register with the Dutch Immigration Authorities ("IND") if they wish to stay in the Netherlands for more than three months, provided they have a valid passport or identity card.

New law backdated to 1 January 2014

This change in law has been backdated to 1 January 2014, meaning that any EU, EEA or Swiss nationals who did not register during the period 1 January 2014 – 16 July 2014 will not be fined.

However, registration will still be required if a national of the European Union, the European Economic Area or Switzerland brings family members to the Netherlands, who are not themselves nationals of one of those areas.  The registration is then an indication that the EU, EEA or Swiss national resides in the Netherlands legally.

Commentary

The rule for non EU, EEA and Swiss family members could cause confusion for nationals who would otherwise not be required to register with the Dutch authorities.  Employees need to be made aware that it is their responsibility to inform their employer if their family circumstances change and they are required to register with the Dutch Immigration Authorities.

Resources

Amendment to the Dutch Foreign Nationals Act 2000 dated 8 July 2014 (in Dutch language)

For further information or to discuss the consequences of the above, please contact Wendy Terporten on +31 10 224 6 434 at Loyens & Loeff Rotterdam http://www.loyensloeff.com.

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