Ministerie van Justitie, Immigratie- en Naturalisatiedienst

From now on, it will be possible for research institutions to take advantage of the accelerated procedure for scientific researchers in accordance with Directive 2005/71/EC.

On 12 October 2007, the 'Directive on a specific procedure for admitting third-country nationals for the purposes of scientific research' (Directive 2005/71/EC) was implemented in Dutch legislation. The aim of the Directive is to simplify the admissions procedure for, and facilitate the mobility of, third-country nationals (individuals who are not nationals of an EU or EEA Member State or Switzerland) for a period of stay of longer than three months for the purpose of carrying out research.

Summary
The implementation of this Directive has created a new purpose of stay on the basis of which researchers are able to come to the Netherlands in order to carry out scientific research. Any research institution that wishes to bring researchers to the Netherlands within the context of this Directive must be granted recognised status in advance.

The most important features of the new purpose of stay are:

• a work permit (for non EU subjects) is not required; 
• a guest agreement is concluded between the research institution and the researcher, however a contract of employment is not required; 
• these researchers and their family members are subject to flexible rules with regard to mobility within the territory of the EU. For instance, holders of a residence permit for researchers within the meaning of Directive 2005/71 issued by another EU Member State are exempt from the requirement to hold a provisional residence permit (mvv). 

Procedure
Any research institution that wishes to bring a researcher to the Netherlands within the context of the Directive must have recognised status.

The following public research institutions have recognised status by law:

• any public research institution that uses UFO codes for researchers in paid employment;
• any public research institution included in the Appendix to the Higher Education and Research Act [Wet op het Hoger Onderwijs en wetenschappelijk onderzoek].  

The abovementioned research institutions have recognised status by law and do not need to submit an application for recognised status to the IND.
Private research institutions must however submit an application for recognised status to the IND. A research institution can be granted recognised status if it is registered in the Dutch Research Database [Nederlandse Onderzoeksdatabank].

Before they are able to take advantage of the scheme for scientific researchers, all research institutions must inform the IND of their intention to do so using the appropriate registration form. The registration form also functions as an application form for recognised status for private research institutions. The registration form can be found on the IND Desk for Labour and Highly Skilled Migrants website.

Once the IND has processed the information and assessed the application for recognised status, the forms required in order to submit applications in respect of individual scientific researchers will, in the event that the application is granted, be sent (in digital format) to the contact person at the research institution. 
 

Conditions
In order for a person to be issued a residence permit in the Netherlands as a scientific researcher, the following conditions must be met in addition to the general conditions (valid passport, provisional residence permit, public order):

the research institution and the researcher must have concluded a guest agreement. It is only possible to enter into a guest agreement in the event that: 

• the research project has been approved by the institution, whereby an assessment has been carried out with regard to the purpose and duration of the research, including any necessary resources and the qualifications held by the researcher in light of the aim of the research, which must be supported by means of an authenticated copy of the diploma obtained by the researcher that has entitles him or her to register for Ph.D. programmes;
• the researcher has sufficient means of existence; 
• the researcher has health insurance;
• the legal relationship and terms and conditions of employment have been laid down.   

A copy of the guest agreement and a copy of the diploma that has been authenticated by a civil-law notary or municipality (in the Netherlands or abroad) must be submitted together with the application. Documents relating to the researcher’s means of existence must also be attached. There is no set form for the guest agreement, however the IND will provide a standard guest agreement with the forms.

Furthermore, the research institution must act as a guarantor in respect of any costs that may be incurred by the State and other public bodies as a result of the residence permit holder’s stay in the Netherlands, as well as any costs associated with his or her travel to a location outside the Netherlands to which he or she is guaranteed admission.