Post: #1

I'm sorry to have just posted this in the Latvia thread on residency - it provoked my research BELOW - but I then realized that this information is so useful to many that it deserves it's own thread so that it's searchable and can be discussed directly)


NEED legal residency in the Schengen Zone for up to 2 years? Are you an American? Do you have $6,000 in capital to put toward your self-employment? Or else towards buying a business in the Netherlands?

That's basically all you need (oh and about two months bureaucracy-time, plus fees for official translations of your relevant documents into Dutch - and a non-hotel address) under DAFT (the Dutch/American Friendship Treaty)! Anything like art, freelancing, etc, (but NOT law or medicine).

After two years, it can be renewed - if you get to five years, you can apply for citizenship (whose only important stipulation is demonstrating basic Dutch language skills - only one of the easiest languages for English speakers).

Oh - and you will have to pay taxes on the business income from that $6,000 you've invested.

Here's at least two women who've done it quite recently, Shannon (30 years old with a Dutch BF) and Susan (near retirement age with husband) :

http://playmeahappysong.blogspot.com/search/label/DAFT

HERE'S a briefer Dutch law office's outline, without the play-by-play
http://www.expatlaw.nl/dutch_american_fr...treaty.htm

Shannon decided to simply ask officials for help, using her BF as a translator (when English didn't suffice).

THIS ought to be comforting option for many here who seek to extend there stays in the Schengen Zone - by doing it street legal!

Post: #2

(07-04-2014 03:36 AM)Orson Wrote:  Oh - and you will have to pay taxes on the business income from that $6,000 you've invested.


HERE'S a briefer Dutch law office's outline, without the play-by-play
http://www.expatlaw.nl/dutch_american_fr...treaty.htm

Just out of curiosity since i'm not from the USA; What happens if you business fails to make any profits?

Post: #3

Why would you engage in a business without profit?

Post: #4

It doesn't have to be profitable as long as you maintain capital above the legal requirement.

Post: #5

This will only give you legal residence in the Netherlands, not the rest of the Schengen zone.

Quote:The holder of a long-stay visa or a residence permit issued by a Schengen country is entitled to move freely within the other states which comprise the Schengen Area for a period of up to 90 days in any 180 days

If you're planning on staying in other countries in a "street legal" way (i.e. not legal at all), you might as well avoid the bureaucracy and just say you've been in Poland: /thread-31412.html

Also, Dutch naturalisation law requires that applicants renounce any other citizenships which they hold.

Post: #6

(07-04-2014 08:12 PM)DaveR Wrote:  This will only give you legal residence in the Netherlands, not the rest of the Schengen zone.

Quote:The holder of a long-stay visa or a residence permit issued by a Schengen country is entitled to move freely within the other states which comprise the Schengen Area for a period of up to 90 days in any 180 days

If you're planning on staying in other countries in a "street legal" way (i.e. not legal at all), you might as well avoid the bureaucracy and just say you've been in Poland: /thread-31412.html

Also, Dutch naturalisation law requires that applicants renounce any other citizenships which they hold.

Not legal residence in Schengen, only in the Netherlands? AGREED.
One could domicile elsewhere, however, so long as one maintains a legal residence back in Holland.

A Dutch-resident friend who doesn't mind hosting as your drop-box, for instance. (Although here is where a lawyer seems advisable, unless you're cheap and simply imitating another who's been successful at working this angle and don't mind the risks.)

American Jesus seems to have a handle on some of these details, HERE /thread-8357-p...#pid771503

"Once you've been granted a permanent residency permit in an EU country, you could use that permit to settle in other EU countries, except for a few which have blocked this provision such as the UK, Ireland, and possibly Denmark."

Post: #7

(07-05-2014 06:27 AM)Orson Wrote:  Not legal residence in Schengen, only in the Netherlands? AGREED.
One could domicile elsewhere, however, so long as one maintains a legal residence back in Holland.

A Dutch-resident friend who doesn't mind hosting as your drop-box, for instance. (Although here is where a lawyer seems advisable, unless you're cheap and simply imitating another who's been successful at working this angle and don't mind the risks.)

American Jesus seems to have a handle on some of these details, HERE /thread-8357-p...#pid771503

"Once you've been granted a permanent residency permit in an EU country, you could use that permit to settle in other EU countries, except for a few which have blocked this provision such as the UK, Ireland, and possibly Denmark."

Domicile doesn't change anything, unfortunately. Residence permits only permit a stay of 90 days in each 180 in the rest of the Schengen zone. It would be possible spend half the year in the Netherlands and half in the rest of the Schengen zone, but not more than 90 days out of any 180-day period in the Schengen-excluding-Netherlands area.

In addition, residence permits are cancelled automatically if the holder spends more than 183 days of the year outside of the country of issue.

Permanent residence permits are granted only after living in the country for five years in most circumstances. American Jesus was referring to a special provision for people of Lithuanian origin, which allows them to use a more liberal set of rules.

Post: #8

To me, I have always wanted to live in Europe and enjoyed my visits to Holland.

It would definitely be a better base of operations than being on the west coast of the US.

It is too bad that one cannot hold dual citizenship.

Time to take a look at cost of living in Holland.

Can anyone say stroopwafel? Pretty tasty, just don't eat too many.

Post: #9

(07-05-2014 09:37 AM)DaveR Wrote:  

(07-05-2014 06:27 AM)Orson Wrote:  Not legal residence in Schengen, only in the Netherlands? AGREED.
One could domicile elsewhere, however, so long as one maintains a legal residence back in Holland.

A Dutch-resident friend who doesn't mind hosting as your drop-box, for instance. (Although here is where a lawyer seems advisable, unless you're cheap and simply imitating another who's been successful at working this angle and don't mind the risks.)

American Jesus seems to have a handle on some of these details, HERE /thread-8357-p...#pid771503

"Once you've been granted a permanent residency permit in an EU country, you could use that permit to settle in other EU countries, except for a few which have blocked this provision such as the UK, Ireland, and possibly Denmark."

DaveR - THANKS for the clarification. To repeat, your point is that this freedom only come with PERMANENT RESIDENCY - a temporary permit does not.

Obviously, IDEALLY, someone would share the benefit of legal advice here. Instead, we kibitzers here are trying to piece together actionable plans - then go out and test them ourselves.

It therefore sounds like the Latvian residency through business or property investment (requiring 6-figures more or less) suffers from the same defect? I've read it spun both ways - that the required time in Lavia is only limited (and therefore one needn't physically stay there), or that it doesn't allow more than the standard 90-day Schengen stay outside of Latvia.

Obviously, if the latter is true - and one really wants to stay in that Baltic state, then no problem! - otherwise, it is much less attractive.

In related news, I read from a Maltese news source that the much rumored Montengro investor residency leading to citizenship plans have been killed. Allegedly, the Lords of the EU were too concerned about abuse from organized crime. Another option is dead.

Domicile doesn't change anything, unfortunately. Residence permits only permit a stay of 90 days in each 180 in the rest of the Schengen zone. It would be possible spend half the year in the Netherlands and half in the rest of the Schengen zone, but not more than 90 days out of any 180-day period in the Schengen-excluding-Netherlands area.

In addition, residence permits are cancelled automatically if the holder spends more than 183 days of the year outside of the country of issue.

Permanent residence permits are granted only after living in the country for five years in most circumstances. American Jesus was referring to a special provision for people of Lithuanian origin, which allows them to use a more liberal set of rules.

Post: #10

(07-05-2014 02:25 PM)Orson Wrote:  It therefore sounds like the Latvian residency through business or property investment (requiring 6-figures more or less) suffers from the same defect? I've read it spun both ways - that the required time in Lavia is only limited (and therefore one needn't physically stay there), or that it doesn't allow more than the standard 90-day Schengen stay outside of Latvia.

There isn't much point in Latvian residency for those who already enjoy visa-free access to the EU. It doesn't require that any time is spent in Latvia, but it also doesn't give free access to the rest of Europe - only 90/180 days, the same as a tourist visa or visa-free provisions give.
I think that scheme was designed for Russians and Chinese who need an escape plan in case they have problems at home. Usually residency is cancelled automatically if the person doesn't spend at least half the year in the country, but not under the Latvian scheme - they only need to own a house or apartment which they don't rent out (it must be kept available for themselves).

The Malta scheme was not cancelled as far as I know, but the requirements were tightened up slightly and the required investment amounts increased.

Ideally you would get an EU citizenship as quickly and cheaply as possible, because it offers the most flexibility and freedom of movement. If that isn't possible, residency is the only option and you'll have to take into account where you wish to live, cost of living, ease of getting residency, etc.

Czech Republic is relatively easy for independent people - ask Korben Dallas as I believe he's recently been through it. A lot of info is available at the following site, but I can't vouch for the company as I haven't used them personally: http://alexio.cz
The rules are very similar in Slovakia.

Poland is also quite easy on a temporary basis (see the link I posted earlier), although you won't have official residency status and there is no path to citizenship. Not having official residency status makes it very difficult to get any kind of credit or to register a car.

It's also possible to get a permit for "elective residence" on a yearly basis in Italy, France or Spain (intended mainly for retirees, but anyone can use it). You'll need to have a reasonable bank balance or passive income (probably $50k per year, but I'm not up to date with the rules).

If you marry an Italian citizen, you can become an Italian citizen yourself. It takes about 4-5 years from the date of the wedding. You don't have to live in Italy and there is no language requirement.

The DAFT scheme that you found is still likely very useful to some people here - the Netherlands isn't a bad place to live by any means.