5.1    General information

When an international organisation registers a staff member at the Ministry of Foreign Affairs, the Ministry determines whether the staff member holds Dutch nationality or is already permanently resident in the Netherlands.

In accordance with the applicable headquarters agreement and often, by implication, the Vienna Convention on Diplomatic Relations, staff members who are Dutch or are considered to be permanent residents are accorded fewer privileges and immunities than foreign nationals.

The term ‘permanently resident’ refers to Article 37 of the Vienna Convention on Diplomatic Relations, and should not be confused with the holding of a permanent residence permit issued under the Dutch Aliens Act.  

The following categories of staff members are considered permanent residents of the Netherlands for the purposes of the headquarters agreements:

• staff members who, at the time they were recruited by the international organisation, were in possession of a permanent residence permit issued by the IND;
• staff members who acquired a permanent residence permit issued by the IND after they commenced employment with an international organisation; 
• staff members who, at the time they began working for the international organisation, had been residing in the Netherlands for a continuous period of longer than six months. In principle, this rule does not apply if they had previously worked for the same or another international organisation or diplomatic mission in the Netherlands without being considered permanent residents. 

Since 1 April 2016, an exception has applied to staff members of international organisations who, before taking up their position, had been residing in the Netherlands as a non-permanently resident family member under a headquarters or seat agreement. When a registered, non-permanently resident family member takes up employment with an international organisation, they will not be considered to be permanently resident.

Staff members who were not considered to be permanent residents while working for an international organisation will retain their non-permanent resident status if they take up employment with another international organisation in the Netherlands and their new contract takes effect no later than six months after their previous contract ends.

The following is taken into account when determining whether someone is considered a permanent resident of the Netherlands:

• A staff member who is an EU citizen and who has a residence document under section 8 (e) of the Aliens Act 2000 will not be considered a permanent resident solely on the basis of this document. For the definition of this document see section 9, subsection 2 of the Aliens Act 2000.
• Staff members who are considered permanent residents of the Netherlands (DV status) will retain this status if they leave the Netherlands and return within 12 months. 

In some cases it will be necessary, pursuant to section 4, subsection 1 of the State Taxes Act (Algemene Wet inzake Rijksbelastingen), to conduct a further investigation into whether a person has permanent residence status for the purpose of fiscal privileges. The investigation will be conducted by the Ministry of Foreign Affairs.

5.2    Dutch nationals directly recruited from an EU member state  

An exception is made for Dutch nationals who, prior to assuming their position with an international organisation in the Netherlands, have lived and worked in one of the countries of the European Economic Area (EEA) or in Switzerland for a minimum of 12 months, and thereby exercised the right of free movement for workers. These persons are entitled to the same privileges and immunities as other diplomatic, technical or administrative staff members. They are given the annotation ‘/VV’ on their identity card, in addition to the regular code on the card (for example: ‘BO/VV, ‘AO/VV’).  

In order to successfully establish proof of (1) residence and (2) employment in the country  concerned, the international organisation must provide the following documentation each time it applies for ‘VV’ status on behalf of a Dutch national: 
A.    an extract from the population register* of the place of residence in the country from which the Dutch national has been recruited; 
B.    an extract from the population register of the current place of residence in the Netherlands showing that after leaving the country in question the Dutch national registered, or was registered, with a municipality in the Netherlands; 
C.    an (official, signed/stamped) statement from the employer who employed the Dutch national in the position held by the Dutch national in the other country directly prior to their recruitment by the international organisation in the Netherlands. 

--------
* If the country from which the Dutch national has been recruited has no population register, additional proof of residency must be submitted, for instance: (i) a rental contract showing that the Dutch national has lived in that country for at least 12 months prior to moving to the Netherlands, (ii) water and electricity bills showing the same, (iii) any other documents which may be helpful in establishing former residence in that country. 

Unlike the other kinds of privileged status granted by the Ministry of Foreign Affairs, ‘VV’ status granted to Dutch nationals is not automatically granted to their dependants. Separate applications must be submitted for each dependant eligible for the ‘VV’ status for assessment by the Protocol Department. A dependant of Dutch nationality is eligible for the additional ‘VV’ status code if:  

• their Dutch spouse or parent, who works for an international organisation, is granted ‘VV’ status, in accordance with the above-mentioned conditions; 
• they have lived in one of the countries of the European Economic Area or Switzerland for at least 12 months directly prior to their spouse or parent taking up the position with the international organisation. In order to demonstrate proof of residence, the documentation mentioned under points A and B above must be included in the application.