Legal FAQs for Expats Based in the Netherlands

Moving to a new country brings unique challenges. We’ve compiled answers to the most common legal questions for Expats in the Netherlands to help you navigate your new home with confidence.

For general relocation support, we recommend contacting the Expat Centre Maastricht or GrensInfoPunt. For specific legal advice, our expert team is here to help.

Visas, Residency & Work Permits

The new immigration law is aimed at simplifying and modernizing the residence and work permit system. It’s designed to make it easier for skilled foreigners to live and work in the Netherlands.

You have four weeks from the decision date to lodge an official objection with the IND. Alternatively, you can submit a new application that addresses the specific grounds for rejection. We recommend consulting our expat lawyers immediately to protect your right to stay.

Tip: Always adhere to the legal deadlines to preserve your right to appeal.

You have four weeks from the decision date to lodge an official objection with the IND. Alternatively, you can submit a new application that addresses the specific grounds for rejection. We recommend consulting our expat lawyers immediately to protect your right to stay.

Tip: Always adhere to the legal deadlines to preserve your right to appeal.

Dutch Labour Law for Expats

Yes. If your employer is late, you can claim a “statutory increase.” This penalty starts accruing four days after the due date and can reach up to 50% of your gross salary, depending on the circumstances.

Yes. If you believe your termination is unfair, do not sign any settlement agreements immediately. Notify your employer in writing that you disagree. Our lawyers can help you challenge the dismissal through the UWV (Employment Insurance Agency) or the subdistrict court.

In the Netherlands, an employer can typically only offer three consecutive fixed-term contracts over a maximum of three years. After this, they must either offer a permanent “indefinite” contract or end the employment.

Yes, foreigners can retire in the Netherlands, but there are conditions. You generally need a valid residence permit if you are not an EU/EEA or Swiss citizen, proof of sufficient income or savings to support yourself, and health insurance. EU/EEA and Swiss citizens have more straightforward rights to live in the Netherlands after retirement.

Dutch Family Law & International Wills

Yes, but they must be carefully drafted so they don’t accidentally revoke each other. This is a common expat question—our notaries can ensure your international assets are protected without conflict.

If you haven’t specified a preference in your will, the law of your “habitual residence” (usually where you’ve lived for the last 5 years) typically applies. To avoid surprises, you can explicitly choose the law of your nationality in a Dutch will.

Usually, yes, provided it doesn’t violate Dutch public policy. However, to ensure it holds up during a divorce or asset division in the Netherlands, you should have it reviewed by a Dutch notary.

No. A valid will executed in your country of origin will generally be recognised in the Netherlands, provided it does not conflict with the national standards. However, it is advisable to contact one of our notaries to review your will after relocating, especially to confirm whether the governing law of your estate is clearly stated.

Note: Without a choice of law clause, Dutch inheritance law may apply by default.

Property & Rental Law for Expats

Start by submitting a complaint to your landlord in writing. If this does not resolve the issue, you can escalate the matter to your landlord’s complaints committee or the municipal reporting point. If the issue remains unsolved, you can contact one of our legal experts to assist you with filing a complaint with the Rent Tribunal (Huurcommissie) or initiating legal proceedings through the district court.

Yes, your landlord may increase your rent, usually once every twelve months. However, the maximum permitted increase depends on the type of rental property (social housing, middle rental properties, or free sector rentals).

Note: Rent increases must be properly communicated in writing at least one month in advance.

The deposit should be returned within 14 days of you vacating. Deductions are only allowed for documented damages or unpaid bills. If there are deductions, the landlord has up to 30 days to settle the balance.

Dutch Tax Law

Yes. You have 6 weeks from the date of the assessment to file an objection. If the Tax Authorities reject your objection, we can assist you in filing a formal appeal with the court.

Yes. As a Dutch tax resident, you must declare your worldwide income. This doesn’t always mean you’ll be double-taxed, but reporting is mandatory. This is one of the most frequent legal questions for expats in the Netherlands.

Tip: If you are unsure of your tax residency status or your obligations regarding non-Dutch income, it is advisable to consult one of our lawyers.

Expats in the Netherlands can pay less tax if they qualify for the 30% ruling, which allows 30% of their salary to be tax-free.

The 30% ruling in the Netherlands is a tax advantage for highly skilled employees recruited from abroad. It allows up to 30% of their gross salary to be paid tax-free to cover extra costs of living and working outside their home country, generally for up to five years, reducing their taxable income.

The 5-year rule in the Netherlands usually refers to the maximum duration of the 30% ruling for expats. Under this rule, the tax-free allowance for extraterritorial costs can be applied for up to five years, after which standard Dutch tax rules apply.

Business Law & Entrepreneurship in the Netherlands

Generally no, as a BV is a separate legal entity, protecting your personal assets. However, you can be held personally liable in cases of “director’s misconduct,” gross negligence, or if the company wasn’t properly registered.

Yes, it is possible, but it requires several administrative and legal steps. You must register the new business structure with the Dutch Chambers of Commerce (KVK), notify the Dutch tax authorities (Belastingdienst), and inform any financial institutions, including your bank. Any existing business permits must be amended or reissued, and contracts signed under the former legal entity may need to be renegotiated and signed under the new entity.

Tip: To ensure all legal and administrative requirements are properly addressed, consult one of our legal experts for tailored advice.

If your business is struggling to meet its financial obligations, you may consider negotiating a repayment plan with your creditors. If this is unsuccessful, you can apply to court for a suspension of payments. If granted, this allows your business temporary relief from its payment obligations while attempting to restructure or recover outstanding debts. If financial difficulties persist after this period, and your business is unable to meet its obligations, the court may declare your business bankrupt.

If your specific concern isn’t covered in these legal FAQs, please reach out via our contact form. One of our English-speaking Lawyers specialising in Expat legal matters will get back to you shortly.