Hi,
I called IND and they said that I have a gap somewhere around 2011, specifically I have a 5 month gap, normally every year my permit ends at 31 Dec so we send extension before the date. Also, it's my employer who does the residence permit since it was agreed and even stated on the contract that my employer will make sure that he applies for it. During the 2010-2011 period, I've called my employer number of times making sure that my residence permit is extended, I always got the same reply that he's working on it.. and also during this period he had a cancer so he's been treated with chemo amongst other things.. And then he discovered around Feb 2011 that he forgot to send the forms, then we received another letter for missing contract information around May causing the huge gap.
Eventually they approve my permit but it was granted and started on May 2011. And the decision was finalized around Nov 2011 so they didn't give me the verblijfsdocument but i have verblijfsvergunning.
Also, they put in bold letters that this could affect my application for permanent residence since I didn't submit the application on time and it is the employee's responsibility to renew the permit and not with employer. It's only after this stint that I started to pay attention to this matter since before I just assume that it everything will be taken care of the employer, i think it's also my fault also not to be better inform with this matter (IND things).
My employer is planning to send a letter to IND giving all evidence that this wasn't intentionally done and due to medical condition that he wasn't able to send it properly. Do you think this is a good idea? Would it futher affect my future residence application, if they get annoyed by us? Btw, I already have a new residence permit till 2013. We just trying whether there's still a way to rectify this mistake. Any thoughts, advice ??
janderich said:
Hi,
I called IND and they said that I have a gap somewhere around 2011, specifically I have a 5 month gap, normally every year my permit ends at 31 Dec so we send extension before the date. Also, it's my employer who does the residence permit since it was agreed and even stated on the contract that my employer will make sure that he applies for it. During the 2010-2011 period, I've called my employer number of times making sure that my residence permit is extended, I always got the same reply that he's working on it.. and also during this period he had a cancer so he's been treated with chemo amongst other things.. And then he discovered around Feb 2011 that he forgot to send the forms, then we received another letter for missing contract information around May causing the huge gap.
Eventually they approve my permit but it was granted and started on May 2011. And the decision was finalized around Nov 2011 so they didn't give me the verblijfsdocument but i have verblijfsvergunning.
Also, they put in bold letters that this could affect my application for permanent residence since I didn't submit the application on time and it is the employee's responsibility to renew the permit and not with employer. It's only after this stint that I started to pay attention to this matter since before I just assume that it everything will be taken care of the employer, i think it's also my fault also not to be better inform with this matter (IND things).
My employer is planning to send a letter to IND giving all evidence that this wasn't intentionally done and due to medical condition that he wasn't able to send it properly. Do you think this is a good idea? Would it futher affect my future residence application, if they get annoyed by us? Btw, I already have a new residence permit till 2013. We just trying whether there's still a way to rectify this mistake. Any thoughts, advice ??
First off, I am sorry about your having cancer .. hope everything is okay now. 
Secondly, yes it is your responsibilty to keep current on renewing your Residence Permit. So if they are now reporting a 5 month 'gap' and they at least warned you that this may affect your application for a
Permanent residence permit (I am surprised they even did that!) .. then you are SOL.
This means your 'clock' for counting down to your 5 year mark to apply for permanent residency has now been reset to the day after this 5 year gap ... and you have lost all that built up time prior to this point.
There is a 'window' however, I believe of about 28 days when you can log a dispute and try to get that time back.
If I were you, I would hire a lawyer and have him look into having this corrected .. based on severe health reasons.
Again, this is time-sensitive because after (I think) 28 days or a month .. you cannot no longer lodge a dispute and that reset 'clock' is indeed ... carved in stone.
Lastly .. word to the wise .. you should neeeeever depend on the employer to ensure that '' things are alright''. Never.
They may ensure that you get your Residence permit (which is really a KM permit) because this ensures you can work for them ... but this looking ahead business of your 5 your 'clock' working toward permanent residency - well, I doubt they are even aware of this.
They are just thinking - hey, we finally managed to get your Residence Permot renewed ... and that is the main thing. So this 'gap' that you may incur .... is probably not even on their radar.
janderich said:
Hi,
I called IND and they said that I have a gap somewhere around 2011, specifically I have a 5 month gap, normally every year my permit ends at 31 Dec so we send extension before the date. Also, it's my employer who does the residence permit since it was agreed and even stated on the contract that my employer will make sure that he applies for it. During the 2010-2011 period, I've called my employer number of times making sure that my residence permit is extended, I always got the same reply that he's working on it.. and also during this period he had a cancer so he's been treated with chemo amongst other things.. And then he discovered around Feb 2011 that he forgot to send the forms, then we received another letter for missing contract information around May causing the huge gap.
Eventually they approve my permit but it was granted and started on May 2011. And the decision was finalized around Nov 2011 so they didn't give me the verblijfsdocument but i have verblijfsvergunning.
Also, they put in bold letters that this could affect my application for permanent residence since I didn't submit the application on time and it is the employee's responsibility to renew the permit and not with employer. It's only after this stint that I started to pay attention to this matter since before I just assume that it everything will be taken care of the employer, i think it's also my fault also not to be better inform with this matter (IND things).
My employer is planning to send a letter to IND giving all evidence that this wasn't intentionally done and due to medical condition that he wasn't able to send it properly. Do you think this is a good idea? Would it futher affect my future residence application, if they get annoyed by us? Btw, I already have a new residence permit till 2013. We just trying whether there's still a way to rectify this mistake. Any thoughts, advice ??
Sorry but the law allows only a 28 day period to appeal the issuance date of a residence permit. So the time for appeals and an employer letter are long gone. As a practical matter, the IND does not routinely excuse the permit holder in cases like this where the responsibility for immigration was delegated to someone else.
Unfortunately, mistakes by an employer in this situation don't constitute an excuse for the immigrant employee, who is always primarily responsible for the acts of his or her advisors. At least you only lost a few years of credit, other people have found themselves deported because of mistakes made by their employers.
Christian Barth, Attorney
