# Unclarity - 5 years for Permanent Residence/When to make application



## luv_haring (Feb 7, 2014)

Dear Expats/Advisors
I entered in Netherlands on 1st Jan 2009 and logically speaking completed 5 years on 1st Jan 2014. Ik ben geslaaged met inburgerings examen.

I have Sticker on passport from 1st Jan 2009 to 1st Jul 2009 and from Verblijfsdocument for bepaalde tijd (5 jaar) 2nd Jul 2009 to 1st Jul 2014.

As per Aanvraagformulier wijziging Verblijfsvergunning regulier voor onbepaalde tijd, application can be made if "vijf jaar of langer ononderbroken en direct voorafgaande aan de aanvraag met een verblijfsvergunning regulier voor bepaalde tijd in Nederland woont (let op! een verblijfssticker in uw paspoort is geen verblijfsvergunning)" and seems that it means I can not count first 6 month for 5 years.

Q1) Is this correct?

If it is not correct then I complete 5 years on 1st Jul 2014. If I wait until 1st Jul 2014 and submit the application (voor Verblijfsvergunning regulier voor onbepaalde tijd) then after this date I dont have residence permit when application is still in progress. Which does not seems to be right.

or Q2) Can I submit the application (voor Verblijfsvergunning regulier voor onbepaalde tijd) couple of months before 1st Jul 2014. 
Q3' Will IND accept the application as I have not completed 5 year?

or Q4) Do I first need extend my current Verblijfsvergunning regulier voor bepaalde tijd. This can be submitted couple of months before.

If answer to Q4 is yes then I probably get Verblijfsvergunning regulier voor bepaalde tijd for another 5 years, then I do not need "Verblijfsvergunning regulier voor onbepaalde tijd" as it is again for 5 years.

Please advise or share if you had similar situation.

Met Heel Vriendelijke Groet


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## luv_haring (Feb 7, 2014)

Is anybody having similar situation and how it is dealt?


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## Donutz2 (Apr 14, 2014)

They start counting from the day the verblijfsvergunning (VVR) is issued. By the info you gave me that appears to be 2-6-2009. Temporary ressidence cards are usually issued for 5 years but used to be for 1 year at first and then for 5 years when applying for extention. 

The IND should sent you paperwork for extending the verblijfsvergunning well in advance of the expiration date. Such requests can be made 6 months in advance if you make the request yourself (that is what I did for my foreign girlfriend: she arrived, got the first VVR witin 2 weeks of arrival, then I applied for the 5 year extention 6 months before it would expire since the IND is sometimes slow as hell or doesn't sent the paperwork at all). 

You cannot apply for indefinate stay (onbepaalde tijd) unless you lived here legally on a VVR for 5 whole years and no a single day less. So it sounds like you can only aply for extention right now. Do so ASAP since this should be done before the current one runs out. I'd contact the IND as soon as you can. Better yet, go to one of their offices (loket) and inquire with them and get the application started. Fill in the extention papers back home and go through them with the IND staff, then hand them in. They may also advice you about other options. 

I'm not sure what happens if your current VVR runs out before the extention is granted (I forgot what happend, you can't leave the country for sure since legally you aren't allowed to stay anymore, but if there are any other conseqences I do not know, preferably you get the extention before your status runs out but that can take betwem 2 weeks and a few months too...). 

Check the Klantdienstwijzer (IND FAQ / Help ) on thw website under Klantdienstwijzer home > Verblijven in Nederland > Verlenging van verblijfsvergunning 
https://kdw.ind.nl/KnowledgeRoot.aspx?knowledge_id=MWOVerlengingVanVerblijfsvergunning
Or in English: https://ind.nl/EN/individuals/residence-wizard/other-information/extension-of-residency 


Unfortunaltly I only know about family VVRs, I wish I could help about work related VVRs. 

I strongly advice you to *go to the IND as soon as possible*, immidiatly after the weekend if you can!! Bring your paperwork. There is a unit in Amsterdam too. 

Succes!

PS: I love hering too but my girl loves it even more, soon after her immigrtion I introduced her to herring, got a few more and took them home, put them in the fridge, went away for an hour and she ate them all!!


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## Donutz2 (Apr 14, 2014)

Edit time ran out...

As I don't know a whole lot about employement VVR's, it could be that your employer is involved aswell, perhaps he has been sent the paperwork for extenting the VVR? The IND is slow but it shouldn't be the case that they haven't sent the extention papers at all or far far far too late to make it impossible to finish the papers in time. Ask your employer!

Regardless, the IND will be able to tell you that and inform you about your indefinate ressidence options aswell so go visit them this week (monday) if you can. You should be able to go there without appointment. 
https://ind.nl/EN/organisation/contact/addresses/Pages/default.aspx


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## luv_haring (Feb 7, 2014)

Thanks a lot Donutz2


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## luv_haring (Feb 7, 2014)

Just to let you know that I simply applied for normal extension 2 months before expiry and received it 40 days after the expiry.

Now I am trying to apply for naturalization and recently I went to gemeente to start naturalization process, everything else good except they found my apostilled (Issuedec, 2008) affidavit in lieu of birth certificate is not there in gemeente records. They took my apostilled affidavit in lieu of birth certificate to check with IND if it is acceptable. Now it is more than a month, no news. 

Anybody experienced such case? How long it took to get an answer? 
Did they accept the an OLD apostilled document?
I do not think that I have not given the my apostilled affidavit in lieu of birth certificate when I arrived here. If it was not done I should have recieved reminder/letter from gemeente to submit one which I never received.


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## luv_haring (Feb 7, 2014)

Is anybody having similar situation and how it is dealt?


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## Donutz2 (Apr 14, 2014)

The old document should be fine, if for some reason it wasn't you would have heard about it. Not much (nothing..) can change about a birtcertificate anyway...


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