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FAQ · continued work rights

If you applied in time, you usually keep the rights of your previous permit.

Article 14 of the Vreemdelingenwet (Vw) and IND working-instructions establish that an applicant who filed for an extension or change of permit before the previous permit expired generally retains the rights of that previous permit during the IND's processing. Work, healthcare, BRP registration, public services, all continue. The mechanism is called "voortgezet verblijf in afwachting van de beslissing" and the proof is the IND's confirmation of timely receipt.

Vw 14 · continued residence rights during processing of a timely application

The basic rule

Under Vw 14 and IND Werkinstructie practice, if the IND received your extension or change-of-permit application before your previous permit expired, you retain the lawful-residence status that previous permit gave you, during the IND's processing. This includes the right to work (if the previous permit allowed it), to healthcare under the basic insurance, to remain in the Netherlands, and to use public services.

The key is "in time". Filed one day before expiry: you keep your rights. Filed one day after expiry: a more difficult "no-fault residence (buiten schuld)" or new-application route applies.

What "in time" means

The proof

The IND issues an automatic confirmation of timely receipt (the "ontvangstbevestiging" with a tijdig-indiening notation) when the application is filed on time. This is the document an employer or healthcare provider asks for as proof of continued rights. Some IND units also issue a sticker in the passport confirming the extension is pending; others operate paper-only. The Mijn IND portal shows the same information online.

Work specifically

Previous permitWork right during pending extension
Highly-skilled migrant (Kennismigrant) / EU Blue CardYes, with the same employer or sponsor
ICT permitYes, with the same intra-corporate sponsor
Family-reunification permitYes, same scope as the original permit
Asylum permit (verblijfsvergunning asiel bepaalde tijd)Yes, free labour-market access continues
Student permitYes, with the same student-work restrictions
Naturalisation (no underlying permit change)Permit holder continues working under that permit; naturalisation does not affect work

Healthcare and other services

Exceptions and edge cases

What if the IND takes too long?

The continued-work rights persist for the entire processing period, regardless of how long the IND takes. The applicant is not penalised for the IND's delay. The Notice of Default route applies in parallel: the procedural lever pressures the IND to decide, while the applicant continues working under the previous permit. The two run independently.

Where MigrationProvision sits

We do not provide HR or employment-law advice. What we do: when a highly-skilled migrant or family-reunification extension is past the IND's statutory term, we file the Notice of Default within 24 hours of the file being opened, so the procedural pressure begins immediately. The continued-work rights remain in place throughout. The €8.75 file fee covers the audit, the Notice, and the registered mail.

FAQ

Frequently asked questions.

Can I keep working while my IND extension is pending?
Yes, if you applied before your previous permit expired. Under Vw 14, the previous permit's rights continue during the IND's processing. The IND's confirmation of timely receipt is the proof for your employer.
What if I applied one day late?
Continued-work rights end with the previous permit. The IND may apply the "hersteltheorie" if the delay was excusable, but this is not guaranteed. A late application opens a more difficult procedural path.
Does my health insurance continue?
Yes. The basisverzekering continues as long as your residence right continues. Notify the insurer of the pending extension; they update their records.
Do I still have a BRP registration?
Yes. The BRP entry stays as long as you remain lawfully resident. The pending extension counts as continued residence.
What proof do I show my employer?
The IND's confirmation of timely receipt (the ontvangstbevestiging) plus the Mijn IND printout showing the application is in behandeling. Some IND units also issue a sticker in the passport.
Can I travel while the extension is pending?
Travel within Schengen is usually possible with the previous permit (until expiry of the underlying passport). Travel outside Schengen requires checking your visa requirements for the destination.
What if the IND takes a year to decide?
Your continued-work rights persist for the entire processing period. The Notice of Default route applies in parallel: it pressures the IND to decide while you continue working.
Can my employer dismiss me if the IND delays?
Dutch employment law applies. The employer cannot dismiss solely because of an IND delay if the continued-work rights are in place. Specific dismissal questions go to an employment lawyer.
Does the daily penalty affect my work rights?
No. The daily penalty is a separate financial penalty against the IND. It does not change your residence status or your work rights.
What if the IND ultimately refuses the extension?
Your continued-work rights end on the refusal date. A bezwaar (objection) suspends the obligation to leave until an objection-decision, but does not always restore work rights. The route depends on the permit type.
Related reading
for highly skilled migrantsfor employers hr residence permit delayind decision overdueNotice of Default (ingebrekestelling) immigration

Extension delayed and worried about your work rights?

The continued-work rights are statutory. The Notice of Default forces the decision in parallel. €8.75 for the file.

Open a file · €8.75