Tozo measure; your permit is safe

Recently our firm posted an article in which we warned about the possible dangers an appeal to the corona support measure for entrepreneurs could have for your residence permit.

Much to our, and likely that of many of our clients, relief the government has announced in a letter to parliament of April 17th that applying for the so-called Tozo facility (see our post of April 14th) will not have consequences for the residence permit. The State Secretary declares in her letter:

“An exception is made for foreign nationals with a regular temporary residence permit under the limitation ‘work as self-employed person’ who make use of the Temporary Bridging Scheme for Self-Employed Entrepreneurs (TOZO). In view of the special circumstances and the temporary nature of the scheme, recourse to this scheme will have no consequences for the foreign national’s right of residence.”

This is very reassuring for persons aiming to apply for the Tozo facility. However, no mention is made by the State Secretary how she views any claims by foreign entrepreneurs to one of the other facilities such as TOGS (again see our previous post). We believe that in the light of the background of the Tozo facility, which is essentially making use of a welfare benefit, an appeal to any of the other facilities will not have an adverse effect on one’s continued residence rights. That would be inconsistent with the reasoning of the State Secretary as quoted above.

Also unanswered is the question whether an exception will be made for the annual income requirement of approx. €21.000 for entrepreneurs who are not American or Japanese nationals. Will the IND also show leniency in this regard. We will continue our efforts to get this cleared up.

For questions or assistance with your permit and the corona crisis feel free to call (0031206161487) or email (info@altadvocaten.nl) us. We are happy to help!

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