Lögmaður fyrir útlendinga í Hollandi: hvenær þarftu einn og hvernig á að velja?

Kona í Amsterdam

An expat lawyer in the Netherlands is a Dutch lawyer (advocaat), registered with the Netherlands Bar Association (Nederlandse Orde van Advocaten, NOvA), who advises international residents in English on Dutch law. You need one most when a deadline or your residence status is at stake, such as an IND rejection, a dismissal or a cross-border divorce; for a simple question, official sources such as ind.nl or government.nl are often enough.

Below we explain which matters typically need a lawyer, which deadlines apply and how to check a lawyer’s registration. Only registered lawyers may represent you in most court proceedings, and notarial acts such as a prenuptial agreement or a property transfer require a civil-law notary (notaris).

When do you need an expat lawyer?

You need a lawyer when a decision has legal consequences you cannot easily undo, or when a short deadline runs. The most common triggers for international residents are listed below.

  • A negative decision from the Immigration and Naturalisation Service (IND), with a four-week deadline to object.
  • A dismissal, a settlement agreement (vaststellingsovereenkomst) or a dispute about a non-compete clause.
  • A divorce or custody dispute involving more than one country.
  • A lease or purchase agreement with clauses you do not understand.
  • A court summons, which you must respond to before the date stated in it.

What can an immigration lawyer do for you?

An immigration lawyer helps with applications, renewals, changes of purpose of stay and family reunification. If the IND rejects your application, you must first file an objection (bezwaar) within four weeks under Article 6:7 of the General Administrative Law Act (Awb).

If the objection is rejected, you can appeal (beroep) to the district court, again within four weeks, and then to the Council of State (Raad van State). For mjög hæfir innflytjendur, the lawyer also checks the income thresholds and the sponsor’s obligations. Our firm handles regular migration, not asylum cases. More on the routes is in our guides to Hollensk innflytjendalög og how to immigrate to the Netherlands.

Which Dutch employment rules surprise expats most?

Dutch law has no “at-will” employment: an employer needs a reasonable ground and permission from UWV or the subdistrict court (kantonrechter), or your agreement in a settlement. After a lawful dismissal you are entitled to a transition payment (transitievergoeding) of one third of a monthly salary per year of service.

A probation period may last no more than two months, and a non-compete clause in a fixed-term contract is only valid with a written justification of the employer’s substantial business interests (Article 7:653 BW). If you sign a settlement agreement, you have 14 days to withdraw (Article 7:670b BW). Our article on Ráðningarsamningar fyrir alþjóðlega starfsmenn og okkar leiðarvísir að hollenskum vinnurétti explain the details.

The expatriate tax facility known as the 30% úrskurður is granted by the Tax Administration (Belastingdienst) and has its own conditions. Have a tax adviser check it before you change employer or agree an end date.

How does a cross-border divorce or custody case work?

The first question is whether a Dutch court has jurisdiction. Within the EU this follows from the Brussels II-ter Regulation (2019/1111), which mostly looks at the habitual residence of the spouses.

Which law applies to the property division depends on when and where you married and whether you made a prenuptial agreement. If a child is taken abroad without the other parent’s consent, the 1980 Hague Child Abduction Convention may require the child’s return. Our fjölskyldu lögfræðinga handle these international cases.

What should you know about renting and buying property?

Tenants in the Netherlands have strong protection: a landlord can only end a residential lease on statutory grounds and with court approval. Since 1 July 2024, most new residential leases are concluded for an indefinite period.

Disputes about rent levels and service costs can be submitted to the Rent Tribunal (Huurcommissie); other disputes go to the subdistrict court. When buying, the purchase agreement becomes binding once signed, with a three-day reflection period for consumers buying a home (Article 7:2 BW). Our article on Dutch real property law lists common pitfalls.

How do you check whether a lawyer is qualified?

Every Dutch lawyer must be registered with the NOvA. You can check registration and the registered fields of law in the lawyer search on advocatenorde.nl.

  • Check the registration and the lawyer’s registered fields of law on advocatenorde.nl.
  • Ask in advance how fees are charged: hourly rate, fixed fee or a combination.
  • Ask whether all correspondence and documents can be in English.
  • Check whether you qualify for subsidised legal aid through the Legal Aid Board (Raad voor Rechtsbijstand); Law & More does not work on a subsidised basis.
  • Bring your contract, permit, decision and correspondence to the first meeting.

What can we do for you as expat lawyers?

okkar innflytjenda lögfræðinga og atvinnulögfræðingar in Eindhoven og Amsterdam advise international residents in English.

  • We file the objection against an IND decision within the four-week deadline and represent you in the appeal.
  • We review your employment contract, non-compete clause or uppgjörssamningur before you sign.
  • We calculate your transition payment and negotiate the terms of your departure.
  • We assess jurisdiction and applicable law in an international divorce or custody case.
  • We review lease and purchase agreements and handle disputes with landlords.

Yfirlit

  • An expat lawyer is a NOvA-registered Dutch lawyer who advises international residents in English.
  • Against an IND decision you must object within four weeks; appeal to the district court follows within another four weeks.
  • Dutch employment law has no at-will dismissal, and a settlement agreement can be withdrawn within 14 days.
  • Check a lawyer’s registration on advocatenorde.nl and agree on fees in advance.

Algengar spurningar

Do I need a lawyer for a residence permit application?

Not always. Many applications can be filed directly with the IND, often by your employer as recognised sponsor. A lawyer is useful when the case is complex or when the IND has rejected the application, because the four-week objection deadline is strict.

Can a Dutch lawyer draw up a prenuptial agreement or will?

No. Prenuptial agreements, wills and property transfers must be executed by a civil-law notary (notaris). A lawyer can advise on the content and work together with the notary.

Can I get subsidised legal aid as an expat?

Possibly. Subsidised legal aid through the Legal Aid Board (Raad voor Rechtsbijstand) depends on your income and assets, not your nationality. Law & More does not provide subsidised legal assistance.

How do I check whether someone is a registered lawyer?

Use the lawyer search on advocatenorde.nl, the website of the Netherlands Bar Association. It shows whether the lawyer is registered and in which fields of law.

Ruby van Kersbergen
Ruby van Kersbergen er lögmaður hjá Law & More in Eindhoven og AmsterdamHún sérhæfir sig í samningarétti, fyrirtækjarétti og lögfræðiþjónustu fyrirtækja og starfar einnig á sviði útlendingaréttar.

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Tengdar greinar

Ef þú ert ríkisborgari utan ESB og vilt búa í Hollandi lengur

Ef Útlendingastofnunin (IND) hafnar umsókn þinni geturðu venjulega áfrýjað því.

Kannaðu afleiðingar þess að missa dvalarleyfi og skildu hvers vegna það skiptir máli fyrir einstaklinga

Bláa kortið frá ESB veitir mjög hæfum starfsmönnum utan ESB rétt til að búa og

Kynningarársleyfið (zoekjaar hoogopgeleiden) veitir nýútskrifuðum nemendum og vísindamönnum tólf mánaða ókeypis starfslok.

Lærðu hvernig á að vinna löglega í Hollandi með þessari skref-fyrir-skref leiðbeiningum sem fjalla um allt sem þarf.

Vertu uppfærður um hollensk lög

Gerast áskrifandi að fréttabréfi okkar til að fá nýjustu lagalegu innsýnina, reglugerðaruppfærslur og hagnýt ráð.