Dutch American Friendship Treaty (DAFT)

12 thoughts on “Dutch American Friendship Treaty (DAFT)”

    1. Our lawyer does not have a set fee but charges by the hour. We had a very complicated situation so most people would incur less legal fees. For a more typical situation, I’d budget a couple thousand dollars for legal fees.

      1. You mention that Dutch Immigration requires an FBI criminal check, but nowhere and no one else has ever mentioned this as a requirement and I can find nowhere at IND’s website where relative to DAFT this needs to be submitted. Did you need to submit this and if so was it because of the specific business/profession that you intended to do, i.e. working with children so they wanted to make sure you weren’t a sex offender or something?

        1. Hi Michael,
          There are general conditions set forth by the IND for all immigrants, see https://ind.nl/en/Pages/General_conditions.aspx. One of these requirements is to provide a signed antecedents certificate stating that among other things, the applicant has no criminal record. Our immigration lawyer required us to provide him with the FBI “no criminal history” summary, see https://www.fbi.gov/services/cjis/identity-history-summary-checks as documentary evidence of our lack of criminal history for our DAFT application. I am not sure if it is considered to be mandatory, but one thing I have learned about the Netherlands is that what is required often changes without notice. When we submitted our DAFT application, the FBI form had to be submitted by mail, so there was a processing time of several months. In our case, it was critical that we got a quick approval so that we could start working in our business very quickly once we arrived in the Netherlands. You are not allowed to work at all until your DAFT application is approved. We submitted the application while still in the US, and it was approved before we arrived in the Netherlands.

          Given that there is really no way for the IND to check on an applicant’s criminal history in their home country, it seems logical to ask for proof of this, particularly given the increasingly strict immigration policies under consideration in most countries. Since the FBI document may now be obtained electronically much more quickly, it may not be so much of an issue if it is requested by the IND.

          I hope this helps. If you have any other questions, just let me know.

  1. Hi Jilian,

    Thank you for sharing. I got the impression from googling that the applicant has to be in the Netherlands physically during the 3 months application phase, which is not your case.

    How did you manage completing the following by being overseas during the application: 1) submitting required documents in KvK, IND and Gemeente; 2) providing a Dutch residential address (did you rent just to have an address to fill the IND and Gemeente application) 3) obtaining a local bank account

    I am struggling with the above by being overseas while preparing my relocation plan and would appreciate your help. If a Dutch lawyer would help with the above, please do drop me an email with his/her contact. Thanks!

    1. Hi Rebecca,
      We visited the Netherlands about 3 months before we made our move here. We met with our immigration lawyer, Patrick Rovers, and he gave us specific instructions about what agencies to visit in a certain order so that everything could be accomplished and we could return to the US until time for our move. He instructed us to bring our apostilled documents (birth certificates, divorce decree, name change documents, etc.) to that meeting. We had to make an appointment with the bank to set up a Dutch bank account. We opened one personal bank account that we used for the transfer our investment capital into the Netherlands. It took a few days for the appointment, so be sure and call to book it when you first arrive in the Netherlands.

      Next we made an appointment and visited the KvK to register our business and the activities that our business would undertake. This is where the circular thing happens that they want you to to be registered with the Belastingdienst (tax office) but you can’t do that until you are registered at the KvK! They had to call our accountant (who was arranged by Patrick) and get assurances that things would be handled with the tax office.

      It took around 5 weeks after we left the Netherlands and our complete application was submitted by our lawyer for our residence permits to be approved. Once we arrived in the Netherlands, we made an appointment with IND to get photographed and fingerprinted, and the actual residence permits came in the mail about 4 weeks later.

      I’m sure our lawyer could help you with this. His name is Patrick Rovers, info@roversmoffat.com. I would not have wanted to do this without his help.

      One other thing to be aware of is that the bank allowed us to open an account without a BSN number, but they have a 30 day limit on providing this information to them. We didn’t get our BSN numbers in time, so they froze our bank account. When we arrived, I just had to call them with our BSN numbers to get our account active again.

  2. Hi there 🙂

    I’ve read a few posts on DAFT lately and I always wonder what type of business the writers were approved to have in The Netherlands. Is there a particular job list or established income goal that you have to achieve through Dutch clients? For example, could a blogger with income through their website be considered, or are there specific goods that would need to be sold?

    1. My understanding is that any type of business may be allowed except for a law or medical practice. There is no set threshold of income that is required, but the IND must be satisfied that the business is a legitimate one. The more practical rule is that you must be able to support yourself on the proceeds of your business and not draw any bijstand (welfare) from the Dutch government. For an answer specific to your particular situation, you may contact my immigration lawyer for a free initial consultation. Hope this helps!

  3. Hi, I am an American citizen and thinking of applying for DAFT visa. My question is what happens after the initial 2 years when your business didn’t generate any income. will that be a problem in renewing the DAFT visa or is it okay with if I keep 4500 euros in the bank account? Regards James

    1. Hi James,
      I think that it could be a huge problem if the business did not generate any income. However, if there were reasons, such as the business generating a fair amount of sales volume but there is a need to reinvest that capital back into the business, that may be a different situation from the IND’s point of view. The business must be a legitimate one, or the IND has no reason to extend your residence permit to do business in the Netherlands. If there is no or very low sales volume, I very much doubt the initial investment will save you when it comes to renewing the residence permit. However, I am not an expert in Dutch immigration, so contacting an immigration lawyer with your specific concerns in probably a good idea.

      1. Hi Jillian,
        Thank you so much for your kind input. How about the issue of low or no sales with KVK (chamber of commerce). I heard that they will close your company registration if there is not enough sales after 1 year. Any truth to that statement?

        Best and kind regards

        James

        1. Hi James,
          I really don’t know about the KvK issue. I do know that the company must continue to file regular VAT returns even if there are no sales. You could certainly ask that question during your initial appointment with the KvK to find out their policy. I found them to be quite helpful.

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