For US citizens applying for, or living on, a Dutch-American Friendship Treaty (DAFT) residence permit. Answered by AZ Legal’s immigration team in Leiden. Last checked: 4 November 2026.
My DAFT application was refused by the IND. What can I do?
If the IND refuses your DAFT application, you may have the right to challenge the decision by submitting an objection (bezwaar).
The first step is to carefully review the refusal letter and understand the reasons for the negative decision. The IND may refuse an application because of missing documents, insufficient evidence of business activities, failure to meet the investment requirement or other eligibility issues.
The decision letter also says whether you may wait for the outcome in the Netherlands. If you may not, you can ask the court for a provisional ruling, within 24 hours of receiving the decision.
The IND decides on an objection within 6 to 19 weeks.
If the objection is declared unfounded, you can appeal to the court.
In certain circumstances, it may also be possible to submit a new application instead of challenging the previous decision. The best approach depends on the reasons for refusal and your individual circumstances.
How can AZ Legal help?
Our legal consultants can review the IND’s decision, assess the reasons for refusal and advise you on the available options. Where appropriate, we can assist with preparing and submitting an objection or a new residence permit application.
My business isn’t making much money yet. Will my DAFT renewal be refused?
Not necessarily: A business does not always generate substantial profits during its first years of operation. However, when applying for a DAFT residence permit extension, you must demonstrate that you continue to meet the applicable residence permit requirements; specifically whether your business has been active, the €4,500 you invested stayed in the business, and from about month seven you must show a personal income of around €1,767 a month (2026).
For this reason, proper bookkeeping and financial documentation are particularly important.
Supporting documents may include:
- Annual financial statements and balance sheets.
- Invoices and records of payments.
- Bank statements.
- Evidence of ongoing business activities.
- Other financial documents requested by the IND.
If your business has generated limited income, it is important to review your financial situation and the applicable extension requirements before submitting the application.
How can AZ Legal help?
We assist clients with reviewing their business activities, preparing the required documentation and submitting DAFT extension applications. Our accounting and tax services can also help ensure that the financial records are properly maintained.
My DAFT permit expires in two months. How do I renew it?
You can normally submit your DAFT residence permit extension application during the three months before your current permit expires. However, we recommend starting preparations early, particularly because the IND may require financial statements and evidence of your business activities.
The extension process generally involves reviewing your current residence permit, confirming that you still meet the DAFT requirements, collecting supporting financial documents and submitting the application to the IND.
The IND fee for an extension is €423 (2026), the same as a first application.
If your permit has just expired, apply no later than four weeks after the expiry date. Later than that you may have a gap in your residence, which delays permanent residence and Dutch citizenship.
The first DAFT permit is generally issued for up to two years. If you continue to meet the applicable requirements, you may apply for an extension.
After five years of legal residence you may also become eligible for permanent residency or citizenship, provided that you meet the relevant conditions.
How can AZ Legal help?
We can review your current residence status, prepare the extension application, coordinate the required financial documentation and handle correspondence with the IND until a decision is issued. Contact us when your permit has 6 months left, so there is time to prepare the necessary documents.
Can I bring my spouse and children on my DAFT permit?
Yes: your spouse or registered partner and your children under 18 can get a residence permit to live with you. Family members may apply together with the main applicant or join them later, provided that the applicable family reunification requirements are satisfied. An important advantage is that family members who receive the appropriate residence permits may generally work in the Netherlands without a separate work permit.
Depending on your family situation, the IND may request:
- Valid passports.
- Marriage certificates or evidence of a durable relationship.
- Birth certificates for children.
- Evidence of the family relationship.
- Other documents required for the residence applications.
Foreign official documents may need to be legalised or apostilled and translated, depending on the country of issuance.
IND fees in 2026: €423 for you, €254 for a spouse or partner, €85 for each child under 18.
How can AZ Legal help?
We assist with residence permit applications for both individual entrepreneurs and families. This includes reviewing family documents, preparing the applications and coordinating IND appointments.
No bank will open a business account for the €4,500. What now?
Under the IND’s pilot program, first-time applicants can apply before the €4,500 is in a Dutch business account and then have six months to register the business, open the account and make the deposit. However, opening a Dutch business bank account can sometimes be challenging for American citizens, especially when they have not yet obtained their Dutch residence permit or completed their business registration.
It is important to understand that the €4,500 is not a payment to the IND or to your legal consultant. It is capital invested in your own Dutch business.
The investment must be properly documented, and you must continue to satisfy the applicable capital requirements.
How can AZ Legal help?
We have an established network of banking partners in the Netherlands, allowing us to assist American clients with opening Dutch business bank accounts as part of their DAFT visa process.
I’m a US freelancer on the DAFT. Who handles my Dutch and my US taxes?
American citizens living and operating a business in the Netherlands may have tax obligations in both countries.
In the Netherlands, your tax obligations depend on your business structure, activities, income and personal circumstances.
For example, entrepreneurs operating through a sole proprietorship may need to file Dutch personal income tax returns and VAT returns. Entrepreneurs operating through a BV may have additional corporate income tax and payroll obligations.
At the same time, American citizens generally remain subject to US federal tax reporting obligations, even while living abroad. Tax treaties and applicable foreign tax relief provisions may help prevent or reduce double taxation.
Proper coordination between Dutch and US tax reporting is therefore important.
How can AZ Legal help?
AZ Legal provides Dutch bookkeeping, accounting and tax compliance services alongside immigration assistance. This allows us to support clients with both their residence permit requirements and ongoing Dutch business obligations.
For US federal and state tax matters, we work with our US-based partner, who provides professional assistance with tax compliance and related obligations.
How much does it cost to have a DAFT visa application handled for me?
The total cost of a DAFT application depends on several factors, including whether you apply individually or with family members, which business structure you choose and what additional services you require.
The main costs generally include:
- IND application fees: Government fees payable for the residence permit application; for 2026, €423 for the main applicant, €254 for a partner, €85 for each child under 18.
- Business investment: The required €4,500 investment in your own Dutch business.
- Business registration: Costs associated with establishing your sole proprietorship or BV.
- Professional service fees for IND application: Our professional fees cover legal consultancy, preparation and submission of the DAFT application, regular follow-ups, handling all necessary correspondence with the IND, and arranging required appointments, including biometrics and residence permit collection.
Example for one applicant: the service fee, plus €423 to the IND, plus €4,500 into your own business.
How can AZ Legal help?
We provide clients with a clear service proposal outlining the scope of assistance and applicable professional fees. Based on the clients’ requests, our services can cover the DAFT application, business establishment, communication with the IND and additional post-incorporation support.
Do I need a lawyer for a DAFT visa, or can I do it myself?
You can apply for a DAFT permit independently.
However, applicants should carefully understand the immigration requirements, business registration procedures, investment obligations and supporting documentation.
Although the DAFT procedure offers certain advantages compared with the regular self-employed residence permit route, an incomplete or incorrectly prepared application may result in delays or refusal.
Professional assistance can be particularly useful when establishing a BV, applying with family members or dealing with a complicated immigration situation.
How can AZ Legal help?
Our legal consultants guide clients through the application process, review supporting documents and maintain communication with the IND. We also assist with business registration and related Dutch legal and tax matters.
Should I use an immigration lawyer or a relocation agency?
A relocation agency generally helps with finding accommodation, arranging registration, helping newcomers settle into the country and other practical steps.
An immigration lawyer or legal consultancy firm focuses on immigration requirements, residence permit applications, legal documentation and communication with the relevant authorities.
For entrepreneurs moving under the DAFT, additional assistance with company formation, tax registration and accounting may also be necessary.
Why choose AZ Legal?
AZ Legal is a Dutch legal consultancy firm providing immigration, corporate and tax-related services. We assist American entrepreneurs not only with their DAFT residence permit applications but also with establishing and maintaining their businesses in the Netherlands.
This allows clients to receive coordinated support for several important aspects of their relocation and business activities.
How do I choose a lawyer or agency for a DAFT application?
When selecting a professional service provider for your DAFT application, it is important to consider their experience, scope of services, transparency and understanding of Dutch immigration requirements.
Before engaging a consultant or agency, you may wish to ask whether they have experience handling DAFT applications, what services are included in their fees and whether they can assist with business registration and ongoing compliance.
Why work with AZ Legal?
AZ Legal Services B.V. assists international entrepreneurs with Dutch immigration procedures, company establishment and ongoing legal and tax compliance. Whether you are preparing your first DAFT application, applying with family members or renewing an existing residence permit, our team can assist you at each stage.
Finally, the most important thing: our professional service fees are payable only after the residence permit application is approved.
AZ Legal Services B.V., Bargelaan 200, 2333 CW Leiden. Book a free consultation: we reply by e-mail within 24 hours.
