should I inform the IND before over-staying outside the EU?

Hi and welcome to the Forum.

I've asked that the link in your post be unlocked so I can read it and comment.

Cynic
Expat Team

Hi again (and thanks to Priscilla for revealing your previous link).

Based on what you've told us, I don't think you'll have a problem.  Although your specific circumstances are not covered, they have plainly made exceptions to the regulatory requirements because of COVID.

I'm assuming that you left the Netherlands correctly and unregistered with the Gemeente before you left.  If so, my advice would be to contact them (IND - post or e-mail) and advise them of your circumstances and tell them that unless they advise differently, this is your plan to sort out the re-instatement of your EU indefinite res. permit - then explain it, simply - i.e. that you plan to return to the Netherlands as soon as travel is permitted; you will contact the IND within 5 working days to make an appointment to resolve the issue.  If this is unacceptable, can they please advise you of a suitable alternative.

It is always better to tell a regulator what action you are going to take, rather than ask him/her to tell you, it saves a lot of stress and wasted time.  Tell them that unless you hear to the contrary, you will assume this is OK and will be in contact on your return to the Netherlands.

I wish you the best of luck in your return.

Hope this helps.

Cynic
Expat Team

Thank you for unlocking my post and giving a very detailed reply, Cynic.

In fact, I have not deregistered from the Gemeente, as I did not plan to stay abroad that long.

I understand that you recommend contacting the IND. Do you think it's crucial to do so before I over-stay my 12 months? My concern is that they would get alerted and cancel my permit once I over-stay. A safer way may be to contact them about this issue when I renew my permit in 3 years' time. If they ask me about this incidence of over-staying, I can make an explanation and submit the evidences. Do you think this makes sense?

Best regards,

F

Hi again.

I still don't think this is a big deal, the Netherlands is not looking to kick out people who have a genuine reason for any issue that arises.  They have already said they are making provisions for people who have been affected by Covid restrictions, that is plainly you.

If you don't tell them, I would not recommend you doing it in 3 years time, that really sounds like you had something to hide.

Cynic
Expat Team

Cynic wrote:

Hi again.

I still don't think this is a big deal, the Netherlands is not looking to kick out people who have a genuine reason for any issue that arises.  They have already said they are making provisions for people who have been affected by Covid restrictions, that is plainly you.

If you don't tell them, I would not recommend you doing it in 3 years time, that really sounds like you
"If you don't tell them, I would not recommend you doing it in 3 years time": sorry, what do you mean? if I don't tell them now, I shouldn't tell them 3 years later either?
had something to hide.

Cynic
Expat Team

There is a very good chance they are going to flag you as being of interest when you come back through passport control at Schiphol; they will know the date you left, the system will do the maths.

Ignorance is no excuse in law, for you to mention that you did something 3 years ago when there is an absolute requirement for you to notify the IND of any changes affecting the circumstances of your stay in the Netherlands at the time (not 3 years later), will look odd and only end in further questions.

I have worked with the IND in the past and it's best to be honest.
Like Cynic said they'll make exceptions but you have to inform them before your permit expires.

Good luck.