Foreign Investor

In recent years is has become possible for a foreign investor  and his/her family members to be admitted into the Netherlands.

The main admission requirement is that the foreign investor invests a capital of at least € 1.250.000 in Dutch society. The capital of the foreign investor should directly or indirectly be invested through a private equity fund, a so-called seed fund or a consortium of investors.

Requirements

The National Office for Entrepreneurial Netherlands (Rijksdienst voor Ondernemend Nederland or ROM), a directory of the Ministry of Economic affairs, will assess on the basis of a points system if the investment made ​​in a company (or companies) has an added value for the Dutch economy. A total of 30 points must be gained in this system in order for the ROM to assume an added value for the Dutch economy with the intended investment. Aspects that play a role are:

  • innovativeness of the company
  • employment creation
  • non-financial contribution of the investor, for example in the form of knowledge, networks, customers, and active involvement

Important to know is that if a foreign investor invests in in so called participation fund which is member of the NVP (Dutch private equity and venture capital association) an added value for the Dutch economy is assumed and therefore a residence permit  as a foreign investor is relatively easily obtained.

As of July 1, 2016 the policies for the foreign investors visa have been relaxed somewhat.

The reason for the change in policy is that the Secretary of State noticed that there was very little interest for this residence permit since the introduction on October 1, 2013 for this new residence option. Therefore, in a letter dated January 8, 2016 the Secretary of State announced to loosen up the rules for foreign investors on two accounts.

The first amendment concerns the duration of the issued residence permit. Initially, the residence permit was issued for one year after a positive decision of granted This will be incremented to 3 years as of July 1st 2016. So when granting the application, the foreign investor will receive a residence permit for the duration of 3 years instead of 1 year. This is partly chosen because in other EU countries with similar schemes this is already very common.

The second change concerns the requirement of an accountant’s statement. This requirement will be abolished. The State Secretary noticed an accountant’s provides a high degree of (false) security about the origin of the capital, while it hopes to create for both the government and the company high degree of certainty. The auditor sector has also indicated that it cannot properly investigate the origin of the money. Nevertheless the IND will have the origin of the capital verified by the Financial Intelligence Unit (FIU).

The foreign investors visa application is a very complex  and intricate application procedure. Our firm possesses the required expertise to ensure you a successful application. We realize very well that this application requires a multiple disciplinary approach, not only legal expertise is needed but amongst others financial and fiscal knowledge is a must. Our network of reliable and respectable specialists in their respective fields will be at your disposal, giving you the full service your application needs.

For questions or assistance in applying for a residence permit as a foreign investor, please contact one of our attorneys, call (020-6161487) or by email (info@altadvocaten.nl).