We have compiled answers to some of the most frequently asked legal questions that expats encounter while living and working in the Netherlands. For inquiries related to everyday expat matters, we recommend reaching out to Expat Centre Maastricht or GrensInfoPunt.

Visas, residency and work permits

You can either lodge an objection with the IND within four weeks of receiving the decision, or you can submit a new application, addressing the reasons for the initial rejection. We recommend contacting one of our expat lawyers to assess your situation and advise on the best course of action.

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

Labour law

Yes. If your employer fails to pay your salary on time, you may be entitled to statutory compensation referred to as “statutory increase”. You can claim this compensation starting four days after the payment due date.

Note: The compensation can only be up to 50% of your outstanding gross salary; however, the exact percentage will be determined by the court based on the circumstances.

Yes. If you believe your dismissal was unfair, it is essential that you do not accept the termination and notify your employer in writing. Initially, you may attempt to reach an amicable settlement. If this fails, one of our lawyers can assist you in challenging the dismissal through the UWV (Employment Insurance Agency) or the subdistrict court, depending on the reason for termination.

An employer may only renew a fixed-term employment contract twice within a period of three years. After three consecutive fixed-term contracts or three years of continuous employment, the employer is legally required to offer a permanent contract or terminate your employment.

Family law

Yes; however, it is crucial to ensure that the wills do not contradict one another or accidentally revoke each other. It is thus advisable that you consult one of our notaries to prevent this from happening.

It depends on whether you have chosen an applicable law in your will (whether in your will executed in the Netherlands or in your country of origin). If you have not explicitly made such a choice, the law of the country in which you have habitually resided 5 years prior to your passing will be applied.

In most cases, Dutch courts recognise and uphold prenuptial agreements executed abroad, as long as they comply with basic principles of Dutch law and do not violate public policy. That said, it is advisable to have your agreement reviewed by one of our notaries to ensure its enforceability, especially if divorce proceedings or asset divisions are expected to take place in the Netherlands.

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 law

Strat 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 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.

In principle, your landlord must return your security deposit within 14 days after you vacate the property. However, if you have caused damage to the property or left unpaid rent or service costs, the landlord is allowed to deduct those costs from your deposit. In such cases, the landlord may take up to 30 days after the end of the rental agreement to return the remaining balance.

Tax law

Yes, you can file an objection within 6 weeks after the assessment date. The Belastingdienst will review your objection and issue a written response. If you are not satisfied with the outcome, you may contact one of our lawyers, who will assist you with filing an appeal with the court.

Yes. You are obliged to declare your worldwide income, including both your Dutch and non-Dutch income. However, this does not necessarily mean you will be taxed on your non-Dutch income.

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.

Business law

Generally, no. A Dutch BV is a separate legal entity, meaning directors and shareholders are not personally liable for its debts. However, personal liability can arise in cases of director misconduct, gross negligence, or if the business was not properly registered, particularly during insolvency.

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 question is not listed here, please feel free to contact us by submitting your question via our contact form. One of our specialists will contact you as soon as possible.