The legal problems expats in the Netherlands face most often are a settlement agreement from the employer, a refused IND application, parental authority after a separation and contract disputes with a Dutch business partner. In each case short deadlines apply: 14 days to revoke a signed settlement agreement and four weeks to object to an IND decision.
Dutch law offers strong protection, but most of it depends on acting within these periods. Below we explain per topic what the rule is, where the risks lie and what your next step is.
Should you sign a settlement agreement from your employer?
You are not obliged to sign a settlement agreement (vaststellingsovereenkomst), and you should not sign it before it has been checked. Its wording decides whether you keep your right to unemployment benefits (WW) from the UWV.
The agreement must state that the termination is at the employer’s initiative and that there is no urgent reason (dringende reden) for dismissal attributable to you. Without that wording, the UWV can refuse benefits. Check also the end date and notice period, the transition payment (transitievergoeding) or a higher severance payment, the non-compete clause (concurrentiebeding), bonus and holiday pay, and any waiver of claims.
Under Article 7:670b of the Dutch Civil Code (BW), you may revoke a signed termination agreement in writing, without giving reasons, within 14 days of concluding it. If you received the agreement with a short deadline, such as 48 hours, you can ask for more time; the law does not require you to sign quickly.
What do you do when the IND refuses your application?
You file an objection (bezwaar) with the IND within four weeks of the date of the decision. If the objection is rejected, you can appeal (beroep) to the district court, again within four weeks.
The IND (Immigratie- en Naturalisatiedienst) decides on residence permits. The routes expats use most are:
- Highly skilled migrant (kennismigrant): the employer must be an IND-recognised sponsor and the salary must meet the threshold, which the IND adjusts every year.
- EU Blue Card: for highly qualified employment at an EU-wide salary threshold, with mobility to other EU states after 12 months.
- Family reunification (gezinshereniging): income requirements apply to the partner or parent in the Netherlands.
- Self-employment: the Netherlands Enterprise Agency (RVO) assesses the business plan on a points system.
- Long-term residence and naturalisation: in principle after five years of continuous lawful residence, subject to integration requirements.
The statutory decision period for most applications is 90 days. Applications by recognised sponsors are often decided faster. Most refusals stem from missing or incorrect documents, which a check before submission can prevent.
Who has parental authority when parents have different nationalities?
Dutch law uses parental authority (ouderlijk gezag), not custody. Married parents share it automatically; since 1 January 2023, unmarried parents also share it automatically when the father or co-parent recognises the child.
For children recognised before 1 January 2023, the parents must arrange joint authority themselves, through a registration in the custody register. After a separation, joint authority in principle continues and the parents make a parenting plan (ouderschapsplan). The court grants sole authority only in exceptional situations and always decides on the basis of the best interests of the child.
In international families, EU rules determine which court has jurisdiction and which law applies. Dutch courts generally have jurisdiction when the child has its habitual residence in the Netherlands. Moving abroad with a child without the other parent’s consent or court permission can amount to child abduction under the Hague Child Abduction Convention.
How do you resolve a business dispute in the Netherlands?
Start with the contract: a clause on arbitration or a chosen court is binding. Without such a clause, claims up to €25,000 go to the subdistrict court (kantonrechter) and larger claims to the district court.
Ordinary proceedings started by a writ of summons (dagvaarding) often take more than a year in first instance. For urgent matters, summary proceedings (kort geding) before the interim relief judge produce a provisional decision within weeks. Disputes about the management of a Dutch company or between shareholders can go to the Enterprise Chamber (Ondernemingskamer) of the Amsterdam Court of Appeal, which can order an investigation and immediate measures.
For companies entering the Dutch market, reviewing the contract before signing is the most effective step. Pay attention to applicable law, the competent court, liability caps and termination clauses.
What should you check before you act?
- The date of the document or decision: the 14-day and four-week periods run from there.
- Whether a settlement agreement contains the wording needed for WW benefits.
- Whether your IND decision states the objection period and the address for filing.
- When your child was recognised, which determines whether you share parental authority automatically.
- Which law and which court the contract designates in a business dispute.
What can we do for you with your legal problem as an expat?
We advise in English as standard, and our team also works in Spanish, Italian, Russian, Turkish and Polish, from our offices in Eindhoven ke Amsterdam.
- We review your settlement agreement and negotiate the severance and the WW wording with your employer.
- We check your IND application before submission, or draft and file the objection within the four-week period.
- Kami mengajukan banding ke pengadilan distrik jika keberatan tersebut ditolak.
- We assist with parental authority, the parenting plan and international divorce, including jurisdiction and applicable law.
- We review commercial contracts and conduct summary or ordinary proceedings in a dispute.
Ringkasan
- You may revoke a signed settlement agreement within 14 days (Article 7:670b BW); check the WW wording before signing.
- Object to an IND refusal within four weeks; appeal to the district court follows within four weeks.
- Since 1 January 2023, unmarried parents share parental authority automatically on recognition.
- In business disputes, the contract determines the forum; kort geding provides fast provisional relief.
Pertanyaan yang sering diajukan
Do I have to sign a settlement agreement if my Dutch employer sends one?
No. A settlement agreement is voluntary. You may take time to have it reviewed and negotiate the terms, and after signing you may revoke it in writing within 14 days (Article 7:670b BW).
Berapa lama proses pengajuan izin tinggal IND?
The statutory decision period for most applications is 90 days. Highly skilled migrant applications by recognised sponsors are often decided faster. Incomplete documents cause most delays.
Which law applies to a divorce between two expats living in the Netherlands?
EU rules determine jurisdiction, and Dutch courts generally have jurisdiction when both spouses habitually reside in the Netherlands. The law that applies to the divorce can differ from the law that applies to the division of assets, so have this assessed before you start proceedings.
What is the difference between a highly skilled migrant permit and an EU Blue Card?
The highly skilled migrant permit is a Dutch permit that requires an IND-recognised sponsor. The EU Blue Card is an EU permit with an EU-wide salary threshold and mobility to other member states after 12 months.
