Living in NL, but want to be away for > 90 days

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Member since 10 May 2021

PoliteClamMember11 May 2021 00:34:21

Hallo,

I'm a retired Brexit refugee. I have no income outside of the UK, and pay all my taxes there.
I will have lived in NL for 5 years as of Feb.2022, at which time I will apply for permanent resident EU status; and shortly afterwards I will apply for Dutch citizenship via naturalisation.
Until then, I have a provisional certificate, currently getting modified under the WA.
Before I came to NL, I was living in Germany, and clocked up 10 years there.

The Problem: I really need to be in Germany this summer for several months, possibly up to 6 or 7 (too complicated to explain). I do NOT want to jeopardise my residency status. The couple I am house-sharing with have offered to cover for me, ie forward my mail, field phone calls, etc. I am sure this can't possibly be legal, but cannot find anything on the interwibble that specifically addresses this situation (apart from "Thou Shalt Not Stay More Than 90 Days In Any 180").

Question 1: I do not want my friends to get into trouble on my behalf. Can anyone tell me what is the absolute worst that could happen to them? One is a Dutch national; her husband is a naturalised Dutch citizen, holding dual nationality with the UK.

Question 2: What is the absolute worst that could happen to me? Once Jun.30.2021 comes and goes, the die is cast. If NL decides I am not suitable resident material, my goose is not so much cooked as burnt to a cinder.

One solution that has crossed my mind is to also apply in Germany for permanent residency under the WA, and then retract it later. However, them computers ain't half ubiquitous...

stumpy Laos Expert

Member since 27 November 2009

stumpyLaos Expert11 May 2021 02:45:45

17987

@Marjut Santoni

How about supplying the information here so that others can benefit from it.

Also a short introduction about yourself would help too.

I would definitely not be sending my email address to a complete stranger.

The message system on this forum is for the exchange of contact details etc.

MartijnR Active member

Member since 19 December 2014

MartijnRActive member11 May 2021 06:05:37

Hi PoliteClam,

According to the IND website they state:
Temporary residence permit
You may stay outside the Netherlands for a maximum of 6 months in a row. Or 3 years in a row each calendar year for a maximum of 4 months in a row.

The 90 - 180 ruling applies to a short-stay visa and not to the temporary residence permit.

Also see: https://ind.nl/en/pages/main-residence.aspx

Answer 1: As far as I know nothing will happen to your friends.
Answer 2: You can lose your residence permit if you stay longer outside the Netherlands than the mentioned period.

PoliteClam Member

Member since 10 May 2021

PoliteClamMember11 May 2021 06:19:15

Hi MartijnR,
Yes, I saw that, and it confused the wotsit out of me. How does that sync with (eg) Germany's requirement that after 3 months (a) one be angemeldet and (b) have health insurance ? It don't make no sense to me, 'cos when you register, your "Land" is switched. Also, you can't get health insurance w/o registering.
It would make more sense if one didn't register, and also carried one's NL health insurance with one for the 6 months. Otherwise, es macht kein Sinn!
Do you understand this? Or perhaps know something I don't ?
–-
Btw I assume "in a row" means consecutive?
Also: since I'm now (woe) a 3rd-world citizen due to Brexshit, does that have a knock-on effect on my provisional permit, ie it becomes more of a visa-like entity?

MartijnR Active member

Member since 19 December 2014

MartijnRActive member11 May 2021 09:39:38

Hi PoliteClam,

As I see it is as follows:
You have a temporary residence permit now for the Netherlands.
Because of this you have to follow the rules for the Netherlands to keep your residence permit.
If you would unregister from the Netherlands then you will lose your residence permit for the Netherlands.
I agree that the explanation on the IND website is not very clear. But consecutive in my opinion means "in a row".

I have no experience with the rules in other countries, maybe ask in the Germany part of this forum for your case.
I also do not know what you can do with regard to living in the Netherlands and working in Germany with a temporary residence permit.

Sorry that I cannot help you further.

(I am registered on this forum because I have a partner from China and we are in the process to getting here here to the Netherlands. I am from the Netherlands myself)

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