Building on our article about how long you can be away from the Netherlands, we often hear questions about IND’s absence rules. What does the 8-month limit actually mean? And does it reset every calendar year?
Let’s break it down.
Calendar year or rolling period?
The IND clarified its absence rules during the COVID-19 pandemic, introducing the concept of a rolling 12-month period. This means:
You can be absent for a total of 8 months within any 12-month rolling period, regardless of whether the absence is consecutive or split across shorter trips (e.g., 3 months + 5 months). This period is not tied to the calendar year.
How long can my employee stay abroad without consequences for their residence permit?
Highly skilled migrants (HSM) and scientific researchers are allowed to be outside the Netherlands for up to 8 months in a rolling 12-month period. However, they must continue to meet the conditions of their residence permit, such as the salary criteria, while being abroad. Exceeding this limit may result in IND concluding that their main residence is no longer in the Netherlands, which could lead to revocation or non-renewal of the permit. For more details, visit the Main Residence in the Netherlands page.
In addition to IND rules, Dutch law requires all residents (including Dutch citizens) to deregister from their municipality if they plan to be outside the Netherlands for more than 8 months in any rolling 12-month period. This applies regardless of whether the absence is continuous or split across multiple trips.
This legislation ensures that social benefits meant for residents are not misused by those who are no longer living in the Netherlands but remain registered at a Dutch address.
What about your “center of life”?
A key consideration for IND is your “center of life”, also referred to as main residence. Even if you comply with the 8-month absence rule, IND may still revoke your residence permit if it becomes evident that your primary life activities (e.g., work, business, family) are based outside the Netherlands.
For example, if you are frequently abroad for work, maintain no significant ties to the Netherlands, or your family resides elsewhere, IND could determine that your main residence is no longer in the Netherlands.
Important!
IND’s absence rules are guidelines, not strict legal requirements. However, if your primary life activities clearly occur outside the Netherlands, IND can revoke your residence permit, even if you formally comply with absence limits. Challenging such a decision in court is difficult, as Dutch judges often align with IND’s holistic approach.
Key takeaways
- Rolling period: The 8-month absence limit applies to any 12-month rolling period, not a calendar year.
- Compliance: Ensure your main residence remains in the Netherlands, even when traveling extensively. Maintain ties such as employment, family, or business activities in the Netherlands.
- Deregister if needed: If you plan to be absent for more than 8 months in a 12-month period, you must deregister from your municipality and inform relevant authorities.
Final thoughts
Understanding IND’s absence rules is crucial for safeguarding your residence permit. While the 8-month limit offers flexibility, maintaining a clear “center of life” in the Netherlands is equally important. If you’re unsure about how your travel plans might impact your residency status, consult an immigration expert or refer to the IND website.
[…] What counts as your “center of life”? How do you interpret absence periods, and is this based on a calendar year? Find answers in our next article! […]
Comments are closed.