Voting Rights for Non-Dutch Nationals and Obtaining Permanent Residency in the Netherlands

In July 2023, the Dutch coalition government collapsed over internal disputes on migration policy. Against this backdrop, it is likely that migration policy topics will dominate campaign discussions throughout the upcoming election season, set to culminate on 22 November.

As a result, policymaking is probable to be at a standstill, postponing all major files and decisions of the cabinet related to immigration. Foreign nationals in the Netherlands may wonder what this current state of affairs will mean for them.

Accordingly, this blog explores voting rights for non-Dutch nationals, what permanent residence status in the Netherlands entails, and how to obtain and retain it.

Voting rights in the Netherlands

To vote in both the upcoming elections of the House of Representatives on 22 November and the provincial elections, the main requirement is to hold Dutch nationality. Furthermore, you must be at least 18 years old and not be excluded from the right to vote by a court ruling.

However, if you are a non-Dutch national who has been living in the Netherlands for at least five years with a residence permit, you are eligible to vote in the municipal elections.

Moreover, all legally residing non-Dutch nationals in the Netherlands may vote in the Water Authority Elections. If you are a citizen of the European Union residing in the Netherlands, you can participate in the elections of the Dutch members of the European Parliament.

How to vote in the Netherlands

About two weeks before an election, a personal voting pass will be sent to your registered address by mail. To vote, bring your voting pass and a valid document of identification, such as your passport, to your nearest polling station within your municipality. You will receive the list of candidates no later than four days before the election, including the addresses of the polling stations.

Note that if you are unable to vote yourself, voting by proxy is possible. To do so, authorise another person to vote on your behalf by using the back of your personal voting pass and providing a copy of your document of identification.

If you would like to vote in the elections of Dutch members of the European Parliament, you can register to do so by means of the ‘Y-32 form’ at your municipality.

Permanent residence status: Benefits

The Netherlands’ immigration scheme offers three types of permanent residence: the regular Dutch permanent residence permit, the EU long-term permit and the permanent residence permit for Union citizens and their families.

Holding permanent residence status does entail the right to vote for municipal elections, but there are also other benefits.

For example, your residence in the Netherlands is no longer bound by your employer, you are free to work in the Dutch labour market and you might be eligible for certain benefits and pensions.

Furthermore, the EU long-term permit has advantages when applying for permits in other EU member states and allows you to spend a significant amount of time outside of the Netherlands without losing your Dutch residency rights.

Permanent residence status: Requirements

The main requirements for permanent residence are having an uninterrupted five-year stay in the Netherlands, successful completion of the civic integration exam or proof that an exemption is applicable, and having a sufficient long-term income. The civic integration exam consists of several parts; Fragomen can assist with preparation for the exam and even share practice exams.

Other standard admission criteria include the need to have a valid Dutch residence permit during the application process, being registered in the Personal Records Database and having valid Dutch health insurance.

The two permanent residence permits for non-EU nationals have similar requirements, but there are a few minor differences: for example, the calculation of the five-year uninterrupted stay in the Netherlands. For the Dutch permanent residence status, all types of residence permits in the Netherlands are counted in full, whereas for the EU permanent residence status, some types of residence permits are only counted for 50% (such as the study permit), or not at all (such as the search year permit).

Interestingly, the same application form is used for both the Dutch and the EU long-term permits. The Dutch immigration authorities (IND) process the application by default as an application for the EU long-term permit – the type with the strongest rights.

Should you not be eligible, the IND automatically checks whether you meet the criteria for the Dutch permanent residence status. Should you not be eligible for that status either, the IND will proceed with a regular extension of your current permit, provided you do meet the criteria thereto. The IND can take up to six months to decide on the permanent residence permit application.

Key compliance considerations

The IND is extremely focused on compliance across the country’s immigration landscape; Dutch residence holders have both a right to provide information and an obligation to keep records in case they sponsor any family members in the Netherlands.

The IND actively checks whether these obligations are adhered to. Under your obligation to provide information, you must inform the IND of any changes in your situation, for example, if you become unemployed or unable to work, if you no longer meet the income requirement or, in the case you sponsor any family members in the Netherlands, if your relationship or family ties have been broken.

It is extremely important that you abide by your obligations as a Dutch permit holder. Possible consequences can be warnings, fines and even revocation of your Dutch residence permit. If you are in doubt about whether you should notify a change to the IND, or what documents you should keep in case you sponsor family members, Fragomen can provide guidance.

Need to know more?

To learn more about permanent residency in the Netherlands or for application assistance, please contact Fragomen’s Dutch Private Clients practice at [email protected].

This blog was published on 29 September 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.