Revocation of your residence permit? This is what you should know

Wednesday 12 November 2025

Are you afraid that your residence permit may be revoked? That is a nightmare for many expats in the Netherlands. If you are facing revocation of your residence permit, you will naturally experience a great deal of stress. You want to know where you stand, what you can do and what to expect. In this article, experienced solicitor Arend van Rosmalen LL.M., partner at Orion Immigration Law, describes how and when a residence permit can be revoked, what your rights are, and what you can do if your residence permit is (or may be) revoked.

Why exactly are residence permits revoked?

The Immigration Act lists eight different reasons why the Immigration and Naturalisation Service (IND) can revoke residence permits. In practice, some of these are rarely used. Below are the eight reasons for revoking residence permits:

Fraud or incorrect information: If you have concealed important information or misrepresented the facts when applying for your residence permit, this is grounds for revoking that residence permit. In practice, this is very serious. Trust in you will be seriously damaged. Revocation for this reason almost always causes lasting problems, including for subsequent applications.
Change of circumstances: If, for example, you have a residence permit that is dependent on a relationship, and that relationship ends, this is grounds for revocation of your residence permit. The same applies to highly skilled migrants who lose their jobs. Although this situation is obviously also very stressful, this type of revocation is less serious. After all, trust in you is not damaged, and you are free to reapply for a residence permit for another reason.
Relocation of your main residence: Long-term residence outside the Netherlands may be grounds for revoking a residence permit. With the entry into force of the European Entry & Exit system in 2025, the number of cases involving relocation of the main residence is expected to increase, simply because the IND will become more aware of long-term residence outside the Netherlands. Revocation for this reason is less serious than revocation for fraud, as your own credibility is not generally damaged. However, revocation of your residence permit due to relocation of your main residence does lead to practical problems when applying for a new residence permit. In many cases, a new provisional residence permit (MVV) is required.
Criminal conviction: A criminal conviction may be grounds for revocation of your residence permit. Whether this is the case depends on many factors, such as the severity of the sentence, the seriousness of the offence for which you were convicted, the length of time you have lived in the Netherlands, and the type of residence permit you have. We will write a separate article about the revocation of residence permits due to a criminal conviction.
Working when you are not allowed to: Although it is mainly employers who are punished if they allow work to be carried out when this is not permitted under the Foreign Nationals Employment Act, an employee's residence permit can also be revoked for this reason. In practice, we do not see this revocation very often. We suspect that the IND does not make this a priority.
No longer having a sponsor: In many cases, having a sponsor is an independent condition for residence. If your sponsor “deregisters” you with the IND, this is in many cases reason enough to revoke your residence permit. In practice, these situations often coincide with a change in circumstances that in itself is already a reason for revoking your residence permit. Revocation of your residence permit because you no longer have a sponsor is less serious than revocation due to fraud, and certainly does not prevent you from applying for a new residence permit for a new reason.
Failure to integrate on time. If you are required to integrate and you do not fulfil your integration obligation on time, this may be grounds for revoking your residence permit. In practice, we do not see many such revocations. Are you required to integrate, and do you not expect to be able to meet your integration obligation on time? Then read our article about switching to a voluntary integration regime by means of a change of residence.
Applying for social assistance: Many residence permits can be revoked if you have recourse to social assistance. If you want to know whether you can safely appeal for social assistance, you can consult your residence permit. We refer you to the Juridisch Loket if you are facing revocation of your residence permit for this reason.

European law: the trump card of immigration law

In general, the above grounds for revocation form the framework within which the IND assesses whether and how your residence permit will be revoked. However, not all of these grounds for revocation may actually be applied to all types of residence permits. This has to do with European law. Almost all of Dutch immigration law is governed in the background by various European directives. There is a directive on a permanent right of residence, and there are separate directives on family reunification, on residence permits for students, highly skilled migrants, scientific researchers and intra-corporate transferees. All these directives are the product of difficult negotiations, have been developed over several decades, and all formulate rules in different ways about the granting – but also about the revocation – of the residence permits to which they relate. The clear list of grounds for revocation that the Immigration Act provides, is therefore much less clear in practice, as has become apparent from case law over the past decade.

If you are concerned about the revocation of your residence permit, it is therefore wise to engage a specialist solicitor and to not blindly trust that the legal framework, as presented to you by the IND, is actually correct. For the same reason, it is advisable to seek advice from a solicitor who specialises in immigration law. A general solicitor may be able to read the grounds for revocation in the Immigration Act, but may overlook the argument with which you can successfully challenge the revocation of your residence permit.

How does the revocation of a residence permit work?

If you want to take effective action against the (imminent) revocation of your residence permit, the sooner you make a plan, the more effective you will be. That is why you need to know exactly how the revocation of residence permits works in practice. The process of revoking residence permits can be roughly divided into the following stages:

Stage 1: Emergence of a reason for revoking your residence permit: Depending on the reason for revoking your residence permit, this may involve the end of a relationship, the termination of an employment contract, the completion of an academic year without sufficient study progress, a long stay outside the Netherlands, a criminal conviction, and so on. The most effective action against the revocation of your residence permit is often to prevent it by applying for a new residence permit in good time on the basis of a different purpose of stay. Of course, it is best to do this before the IND actually has reason to revoke your old residence permit. Do you foresee an end to the relationship on which your residence permit depends? If you first apply for a residence permit on the basis of something else (work, study, your own business), you can prevent your family-dependent residence permit from being revoked.
Stage 2: You (or your sponsor) inform the IND: In many cases, you and your sponsor must inform the IND of any changes that affect your right of residence, such as the end of a relationship, the end of an employment relationship or insufficient study progress. The IND may also become aware of the reason for revocation in other ways, for example if you and your partner are no longer registered at the same address, or if the Entry & Exit System shows that you have been outside the Netherlands for a long time. In this stage, too, it is important to think before you act. It is certainly important that you provide the IND with the necessary information in good time, but having a plan in place when you (or your sponsor) notify the IND often makes it more effective to take action against the revocation of your residence permit.
Stage 3: The IND sends a notice of intent to revoke: If the IND concludes from the available information that there is (or could be) reason to revoke your residence permit, the IND will send you a letter. In this letter, entitled “Notice of Intent” ("Voornemen", in Dutch), the IND will explain why it believes there is reason to revoke your residence permit. This letter is not a decision yet, but a preparatory step. If you receive this letter, it is advisable to consult a solicitor. A specialised solicitor can glean a lot of important information from the content of this letter. For example, the letter clarifies the reason why the IND wants to revoke your residence permit, but also (often) which facts the IND does not consider to be significant.
Stage 4: You will be given the opportunity to submit your written statement of opinion: The intention to revoke your residence permit always gives you the opportunity to submit a so-called statement of opinion ("zienswijze", in Dutch). This is a written response in which you can explain whether or not you agree with the proposed revocation. A solicitor can help you write your points of view. At the same time, you can also use the time offered by the IND to apply for a new residence permit, if you have not already done so. In this stage, too, this can be an effective way to prevent you from ultimately having to leave the Netherlands.
Stage 5: The IND decides whether or not to revoke your residence permit: In response to your statement of opinion, you will of course receive a written decision from the IND. If the IND does indeed revoke your residence permit, the decision will clearly state the word Decision (“Beschikking”, in Dutch). In the decision, the IND will explain why your residence permit is being revoked and respond to the arguments you put forward in your statement of opinion. If you have not yet applied for a new residence permit at this stage, the decision will also state that you must leave the Netherlands. In some cases, the revocation of your residence permit will be accompanied by an entry ban. If this is the case, this will also be stated in the decision. Finally, the decision will state whether or not you are allowed to await the outcome of any appeal proceedings in the Netherlands. If you have not yet engaged a solicitor at this stage, it is highly advisable to do so quickly.
Stage 6: Objection and appeal against the revocation of your residence permit: Do you disagree with the revocation of your residence permit? You have the right to object to this. A solicitor can help you with this. Even if an objection procedure is not very promising in terms of outcome, lodging an objection can still be of practical importance. In many cases, you may await the outcome of an objection procedure in the Netherlands. You can use the extra time this gives you to apply for a new residence permit.

The importance of retroactive effect

An important aspect of the revocation of residence permits is that the IND revokes residence permits with retroactive effect. This means that if the IND actually decides to revoke your residence permit (above in Stage 6), it can determine that your residence permit is deemed to have been revoked retroactively from the moment the reason for revocation arose (above in Stage 1). The IND “corrects”, as it were, the duration of your residence permit on the basis of the changed facts. However, you yourself cannot retroactively apply for a new residence permit. The period of validity of a new residence permit will always start on the date you demonstrate, in the context of an application, that you meet the conditions for the residence permit you are applying for.

The consequence of the retroactive revocation of your residence permit is therefore very often a so-called “residence gap” – an interruption in the lawful nature of your right of residence. A residence gap does not mean an absolute end to your stay in the Netherlands – you can simply apply for a new residence permit. However, if you wish to qualify for permanent residence or Dutch citizenship at a later date, a residence gap does mean a reset. You will have to start building up your residence rights again.

This is why the most effective remedy against the revocation of your residence permit is often a timely change to your right of residence. You can certainly still apply for a new residence permit during Stages 2 to 6 above, but you can only prevent a residence gap if you do so before the IND has reason to withdraw your residence permit in the first place (Stage 1).

How can Orion Immigration Law help you?

Do you foresee the revocation of your residence permit? Orion Immigration Law can work with you to assess your situation, determine which facts are relevant, whether you can apply for a new residence permit, and whether the IND is correct in its assessment of the grounds for revocation. In any case, we will provide you with clarity about the steps you can (or must) take.

Would you like help or advice about the proposed revocation of your residence permit? Schedule a consultation with Orion Immigration Law here.

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