Hi all,
I am after a bit of advice concerning a situation I find myself in.
Just recently my employer has decided they wish to end my contract. I have a contract for onbepaalde tijd, and they asked me to sign an agreement stating that its not my fault, and although I do not wish to go, I will finish on the 1st of Feb 2012 (plus some money etc.) Of course, I did not agree to this and have since got an employment lawyer involved to review the case and represent my interests. I have a very strong case as I have no track record of poor performance and the employer has yet to come up with a very good reason to get rid of me. Despite this, it is going to be almost impossible to continue working for this employer.
My real question though is when does the 5 year residence start (regarding being able to apply for a PR). I arrived in the NL in April 2007 on a Working Holiday Visa. In Feb 2008, my employer changed the visa over to a Kennismigrant visa. In October 2010 my visa was renewed for a five year period. I have continuously lived in the NL since April 2007, but the first visa was for a definitive period.
The reason this information is important is that in the process of coming to a settlement my employer (or even with a judge!), I want to negotiate a longer period to have a contract and this depends on when I can apply for the PR.
My understanding is that my five year period will be completed in April (which is not too far away and a resonable amount of extra time to negotiate) However, if it is counted from Feb 2008, then the period will be completed in Feb 2013 - a little bit too far away for negotiation purposes.
A little bit more info about me - I am a NZ national, with a dutch partner (who does not meet the salary requirements for a family reunification visa) and we have a 1,5 year old daughter together. We also have a mortgage... so I feel like I have quite to lose right now.
Any help and advice is more than welcome!
Thanks in advance,
Matt
MrPot said:
My real question though is when does the 5 year residence start (regarding being able to apply for a PR). I arrived in the NL in April 2007 on a Working Holiday Visa. In Feb 2008, my employer changed the visa over to a Kennismigrant visa. In October 2010 my visa was renewed for a five year period. I have continuously lived in the NL since April 2007, but the first visa was for a definitive period.
Your years of uninterrupted legal residence started in April 2007. A working holiday residence permit is considered to be a 'temporary' purpose, and you can't apply for a permanent residence permit from one of those, but if you now have a 'non-temporary' purpose then any time you had on a 'temporary' purpose before that does count toward the five years when you apply for a permanent residence permit.
Note that the proper distinction is not whether the first residence permit was for 'a definitive period' (by which I assume you mean bepaalde tijd)-- your current residence permit (like all non-permanent residence permits) is also bepaalde tijd.
MrPot said:
Hi all,
I am after a bit of advice concerning a situation I find myself in.
Just recently my employer has decided they wish to end my contract. I have a contract for onbepaalde tijd, and they asked me to sign an agreement stating that its not my fault, and although I do not wish to go, I will finish on the 1st of Feb 2012 (plus some money etc.) Of course, I did not agree to this and have since got an employment lawyer involved to review the case and represent my interests. I have a very strong case as I have no track record of poor performance and the employer has yet to come up with a very good reason to get rid of me. Despite this, it is going to be almost impossible to continue working for this employer.
My real question though is when does the 5 year residence start (regarding being able to apply for a PR). I arrived in the NL in April 2007 on a Working Holiday Visa. In Feb 2008, my employer changed the visa over to a Kennismigrant visa. In October 2010 my visa was renewed for a five year period. I have continuously lived in the NL since April 2007, but the first visa was for a definitive period.
The reason this information is important is that in the process of coming to a settlement my employer (or even with a judge!), I want to negotiate a longer period to have a contract and this depends on when I can apply for the PR.
My understanding is that my five year period will be completed in April (which is not too far away and a resonable amount of extra time to negotiate) However, if it is counted from Feb 2008, then the period will be completed in Feb 2013 - a little bit too far away for negotiation purposes.
A little bit more info about me - I am a NZ national, with a dutch partner (who does not meet the salary requirements for a family reunification visa) and we have a 1,5 year old daughter together. We also have a mortgage... so I feel like I have quite to lose right now.
Any help and advice is more than welcome!
Thanks in advance,
Matt
Well thank goodness you had enough sense to hire a Lawyer! These people are ******** you over!
Yes you need 5 years to gain the permanent residence permit. To make it short and sweet ...
1) your working holiday visa in 2007 for 1 year will only count for a half a year.
2) You have been working fulltime since 2008 so by 2012 you will have 4 working years straight
Equals a total of 4.5 years toward your 5 year mark before you can apply for permanent residency. When you apply you must also have a current 1 year working contract at the moment you apply.
I think your best option is to get allll the money can out of your current company and them hurry and fins another job.
ouloveit3 said:
Well thank goodness you had enough sense to hire a Lawyer! These people1) your working holiday visa in 2007 for 1 year will only count for a half a year.
2) You have been working fulltime since 2008 so by 2012 you will have 4 working years straight
Not true. The 50% calculation only counts for the verblijfsvergunning voor onbepaalde tijd + EG-langdurig ingezetene. But you do qualify for a regular verblijfsvergunning voor onbepaalde tijd under the "national" (i.e. non-EU) rules and you will get it-- according to those rules residence permits for a temporary purpose count for 100%.
