Best Residence by Investment Lawyers in Delft
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List of the best lawyers in Delft, Netherlands
About Residence by Investment Law in Delft, Netherlands
The Netherlands does not operate a single, broad "golden visa" program based purely on buying real estate. Instead, residence options tied to investment are typically structured around active economic contribution - for example starting or investing in a business that benefits the Dutch economy, qualifying as a recognized startup, or being admitted under special investor criteria that are tightly controlled. Residence permits are issued at the national level by the Immigration and Naturalisation Service - IND - while local formalities and daily life logistics are handled by the municipality of Delft.
In practice this means: purchasing a home in Delft by itself will not normally produce a right to live in the Netherlands. Prospective migrants interested in residence-by-investment strategies should focus on legally recognised pathways - such as entrepreneur or investor permits, startup schemes, or family reunification once an investor meets residence requirements - and ensure compliance with national immigration, tax and municipal rules.
Why You May Need a Lawyer
A specialized immigration or corporate lawyer can be essential when pursuing a residence-by-investment route in Delft for several reasons. Investment-based immigration often intersects with corporate law, tax law, municipal rules and immigration procedure - each discipline has technical requirements and strict timelines. Common situations where legal assistance is valuable include:
- Structuring an investment or business entity in a way that meets IND standards and Dutch corporate law requirements.
- Preparing and presenting a convincing business plan and economic impact evidence to the IND.
- Navigating tax residency, corporate taxation, withholding obligations and double-tax treaty issues.
- Completing property transactions while protecting immigration interests, for example, separating private wealth from qualifying business investment.
- Handling family reunification applications, work rights, and social insurance registration.
- Challenging refusals and preparing appeals or administrative review requests against IND decisions.
- Ensuring compliance with municipal registration, housing law and local permits in Delft.
Local Laws Overview
Key local and national legal points to keep in mind when seeking residence by investment in Delft:
- National immigration law and the IND - Residence permits are governed by the Dutch Aliens Act and implemented by the IND. Different permit types exist for entrepreneurs, startup founders, highly skilled migrants and certain investors. Eligibility depends on the nature of the investment and measurable economic contribution.
- Active investment requirement - Passive investments such as buying a residence or holding a passive financial portfolio typically do not qualify on their own. Permits for entrepreneurs or investors require involvement in a business or demonstrable economic benefit to the Netherlands.
- Business forms and registration - If you set up a company in the Netherlands you will usually create a private limited company - besloten vennootschap or BV - and must register with the Chamber of Commerce - KVK. Proper corporate formation affects immigration and tax treatment.
- Municipal registration in Delft - Once legally resident you must register with the Gemeente Delft to obtain a citizen service number - BSN - and be entered in the municipal population register - BRP. This registration is needed for tax, healthcare and other services.
- Housing and property law - Buying property in the Netherlands involves notary conveyancing, transfer tax and compliance with local zoning and landlord-tenant rules. Buying a house does not equal immigration rights.
- Taxes and social insurance - Becoming resident can trigger tax residency and social insurance obligations under Dutch law. Early tax planning is important to avoid surprises and to understand corporate versus personal tax consequences.
- Family reunification and permanent residence - Family members can join a permit-holder if conditions are met. After sufficient legal and continuous residence - generally five years for permanent residence - and meeting integration requirements, you may be eligible for permanent residence or naturalization.
Frequently Asked Questions
What investment options lead to residence in the Netherlands - including Delft?
There is no single purchase-based visa. Residence options tied to investment focus on entrepreneurs, recognized startups, and in some cases substantial investors who make an active economic contribution. The common route is to form or invest in a Dutch company that generates jobs, innovation or exports rather than simply buying residential property.
Can I obtain a residence permit simply by buying a house in Delft?
No. Buying residential property in the Netherlands normally does not create a right to live in the country. Residence-by-investment pathways require business activity or economic contribution that meets IND criteria.
How do I start a company in the Netherlands as part of an investor route?
You typically set up a legal entity - commonly a BV - and register it with the Chamber of Commerce - KVK. A viable business plan, proof of funding, and evidence that the business benefits the Dutch economy are important when applying for an entrepreneur or startup residence permit.
Can I bring my spouse and children to live in Delft with me?
Yes, family reunification is possible for many residence permits if the main applicant meets the conditions. Sponsors usually must show sufficient income, suitable housing, and that the family relationship is legitimate. Each family member’s identity and background will be checked.
How long does the application process take?
Processing times vary by permit type and application completeness. Simple entrepreneur or startup permits may take a few months, while complex investor cases or appeals can take longer. You should plan for several months and allow extra time for company formation, document preparation and municipal registration.
What documents are typically required for an investor-style application?
Common documents include a passport, proof of funds, a detailed business plan, company registration documents, contracts or investment agreements, proof of housing, police certificate(s), and health insurance arrangements. Exact requirements depend on the permit sought.
Will I be taxed in the Netherlands if I get a residence permit?
Possibly. Tax residency is determined by where your center of economic and personal life is located. Becoming resident in the Netherlands can create personal and corporate tax obligations. Early consultation with a Dutch tax adviser is strongly recommended.
What happens if the IND rejects my residence application?
If your application is refused you will receive a written decision that explains why and how to appeal. Appeals must follow strict deadlines and legal procedures. A lawyer can advise whether to file an objection, then an appeal to the administrative court, and can prepare supporting submissions.
Can I work for other employers if I obtain an investor or entrepreneur permit?
Work rights depend on the permit. Many entrepreneur and investor permits allow work for the qualifying business; additional permission may be needed to work for other employers. Check the specific permit conditions and consult a lawyer or the IND for clarity.
How do local Delft rules affect my residence - for example housing and registration?
After arrival you must register with the Gemeente Delft and obtain a BSN. Local rules govern housing contracts, municipal taxes, waste collection, and permits. Failure to register can affect your legal status and access to services, so prioritize municipal registration.
Additional Resources
Key Dutch institutions and sources to consult when planning a residence-by-investment path:
- Immigration and Naturalisation Service - IND - national body that processes residence permits.
- Municipality of Delft - for municipal registration, housing information and local regulations.
- Chamber of Commerce - KVK - company formation, registration and business information.
- Dutch Tax and Customs Administration - Belastingdienst - for tax residency and corporate tax matters.
- Dutch notaries - for property conveyancing and formal company documents.
- Dutch embassies and consulates - for visa formalities and pre-arrival guidance.
- Professional associations of immigration lawyers and tax advisers - for specialist legal advice and representation.
Next Steps
If you are considering residence by investment in Delft, follow these practical steps:
- Clarify your objective - do you want to start a business, invest in an active enterprise, or relocate for family reasons? Your objective determines the right legal pathway.
- Seek an initial consultation with an immigration lawyer experienced in Dutch investor and entrepreneur permits. Provide a summary of your investment plan, funding sources and intended activities.
- Prepare a detailed business plan and financial projections that demonstrate economic benefit to the Netherlands if applying as an entrepreneur or investor.
- Set up the required corporate structure with assistance from a notary and register with the Chamber of Commerce.
- Gather documentation - passports, proof of funds, bank statements, contracts, police certificates and housing documentation - and have them translated or legalized if necessary.
- Submit the appropriate application to the IND with legal support, monitor the process, and be ready to respond to requests for additional information.
- Once the residence permit is granted, register at the Gemeente Delft, obtain a BSN, arrange mandatory health insurance, and register for taxes as needed.
Working with a qualified immigration lawyer and a tax adviser will improve the quality of your application and reduce the risk of costly delays or refusals. Take early professional advice so you can build a compliant, well-documented plan before you invest or relocate.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.