Consequences for right of residence when applying for public funds

There are endorsements, written in Dutch, on the back of your residence document. They say whether an application for a benefit can end your residence in the Netherlands. These are the endorsements:

• An application for public funds can have consequences for your right of residence (in Dutch: Een beroep op de algemene middelen kan gevolgen hebben voor het verblijfsrecht). 
• An application for more than a supplement from public funds can have consequences for your right of residence (in Dutch: Een meer dan aanvullend beroep op de algemene middelen kan gevolgen hebben voor het verblijfsrecht).

Are you an EU/EEA or Swiss citizen? Then you do not always have a residence document.

There are different benefits from public funds that can end your right of residence. For example, the benefits that are paid under the following laws:

• Participation Act (in Dutch: Participatiewet). This was formerly the Work and Social Assistance Act (in Dutch: Wet werk en bijstand or Wwb).
• Income support for people who have reached state pension age (in Dutch: Aanvullende Inkomensvoorziening Ouderen or AIO).
• Disablement Assistance Act for Handicapped Young Persons (in Dutch: Wajong).
• Social Assistance Self-Employed Persons Decree 2004 (in Dutch: Besluit bijstandsverlening zelfstandigen 2004 or Bbz 2004). 
• Older and Partially Disabled Unemployed Workers Income Scheme Act (in Dutch: Wet inkomensvoorziening voor oudere en gedeeltelijk arbeidsongeschikte werkloze werknemers or IOAW). 
• Older and Partially Disabled Former Self-Employed Persons Income Scheme Act (in Dutch: Wet inkomensvoorziening oudere en gedeeltelijk arbeidsongeschikte gewezen zelfstandigen or IOAZ). 
• Supplementary Benefits Act (in Dutch: Toeslagenwet or TW), implemented by the Employee Insurance Agency (UWV). 
• Interim Invalidity Criteria (Impact on Income) Act (in Dutch: Tijdelijke wet beperking inkomensgevolgen arbeidsongeschiktheidscriteria or WBIA). 

This list is not complete. Benefits from public funds can also  end your residency under other laws.

The local council of the city or town where you live determines whether you get a benefit from public funds. The local council will let the IND know about your application for the benefit. The IND assesses whether your residence will end. Will you withdraw the application for the benefit? Then the IND will also no longer be informed.

Supplementary benefits have no consequences for your right of residence

An application for a rent, healthcare or childcare benefit and child-related budget will not end your residence. The Dutch Tax and Customs Administration (in Dutch: Belastingdienst) determines whether you have a right to a benefit. Read more information about benefits on Belastingdienst.nl. Also, your residence will not end when you receive energy benefit from your municipality.

You are an EU/EEA or Swiss citizen. Or you are their family member with a different nationality. An application for a benefit from public funds may end your residency. This depends on the period that you have lived in the Netherlands with a valid residence permit.

Permanent residence

If you have lived in the Netherlands with a valid residence permit for 5 years or more, you usually have permanent residency. Your application for the benefit will not end your residency.

Non-permanent residence

If you do not have permanent residency your right of residence can stop. Then the IND will assess your situation and examines the amount of your income. Different rules can apply to income. The rules depend on your situation and whether you are economically active or economically inactive.

Economically active

Do you still carry out genuine and effective work? Genuine and effective work means that you work at least 40% of a normal working week. Or that you earn at least 50% of the statutory assistance criterion. Then your application for the benefit will not stop your right of residence.

Economically inactive

If you have no paid work or you are a student, you must have enough money to support yourself. This applies to you and the family members who live with you. You meet the income requirement if your income is equal to the Dutch minimum wage (with holiday allowance).