Inburgering: What Is It?

Inburgering is the process of civic integration in the Netherlands. Depending on your nationality, there are two stages to Inburgering, each requiring its own exam. This article focuses on the second stage, the Inburgeringsdiploma, but it is worthwhile to make the distinction between them clear:

1. Basisexamen Inburgering Buitenland (Basic Civic Integration Examination Abroad)

• Mandatory for non-EU/EEA nationals from countries who require an authorization for temporary stay (MVV); nationals from an EU/EEA country, Australia, Canada, Japan, New Zealand, South Korea, Switzerland, United States of America, and Vatican City are exempt.
• Exam is taken in the country of ongoing residence before moving to the Netherlands.
• Exam assesses basic knowledge of the Dutch language and society.

2. Inburgeringsdiploma (Civic Integration Certificate)

• Applies to non-EU/EEA nationals who have received a residence permit after 31 December 2012 and who are inburgeringsplichtig  – obliged to pass the civic integration exam. There are, of course, exceptions and exemptions.  Consult Mijn Inburgering (my integration) to check whether you are inburgeringsplichtig and what the naturalisation process is specific to your situation. 
• Passing the exam gives you the right to obtain a permanent residence permit and eventually to apply for citizenship.
• You can only apply for a Dutch passport, after 5 years of living in the Netherlands with a valid residence permit. You may need to renounce your current citizenship when you apply for your Dutch citizenship.

If you are inburgeringsplichtig, and fail to register for the exam before the deadline, you will be fined.  The hefty boete (fine) could be up to €1250. After paying the fine you are given two more years in which you need to pass the exam.                              

Inburgeringsdiploma: A Closer Look

Obtaining your Inburgeringsdiploma requires passing an exam that will test your knowledge of the Dutch language, Dutch geography and culture, and the Dutch labour market. There is also a final participation statement.

Language Level and Fluency:

Your Dutch language skills will be tested in four categories: reading, writing, speaking, and listening. In order to pass, you need to be fluent at level A2. From January 2021, (according to the updated information), the pass rate will be raised to level B1.

There’s also a new procedure coming (such as a personal inburgering plan and obligatory language courses) together with the level upgrade, but till that time the existing procedure is in place.  Further information can be found at Rijksoverheid.

Kennis van de Nederlandse Maatschappij (KNM):

This section assess your cultural and geographical knowledge of the Netherlands and Dutch society.   

Orientatie op de Nederlandse Arbeidsmarkt (ONA)

This section refers to your understanding of the labour market and usually takes the form of role play where you apply and are interviewed for a job. Fortunately, from April 2019, non-EU nationals who work at least 48 hours per month, for 6 months, are exempt.

Participatieverklaring

The participation statement is to be signed at the gemeente (municipality) where you live within a year of registering your address.  The aim is to familiarise you with the civic values of the Netherlands. This is applicable to non-EU/EEA nationals who arrived after October 2017.

I worried whether my family was fluent enough in Dutch when we did the inburgeringsexamen but we passed with flying colours by making the most of the available resources.

Preparing for the Exam 

There are many resources available to help you improve your taal vaardigheden (language skills).  Naar Nederland  is a great website to help you prepare for the exam.

Join a  language school where you do not only learn Dutch but where you prepare for the KNM and ONA sections of the exam.  There are even more online resources available and, what I realized while preparing for our inburgering, is that you can learn Dutch for free…well, almost.   

The official site, inburgering.nl, is a most valuable tool as it offers examen oefenen ( practise questions) and score your answers which help you to assess your knowledge level.

You are sure to have enough reading practice with all the Dutch mail you’ll receive! Keep a dictionary handy to help you make sense of the written correspondence. Make sure you practice your writing skills by writing een brief, email, of kaartje (letter, email or card) which will be tested in the written assignments.

Check if there is a Kennis van de Nederlandse Maatschappij (KNM) course offered locally or read a KNM book. I found the KNM topics overview, and Dutch education system inforgraphic helpful. You also need to know the geography of the Netherlands and a fun way to learn it is to use these puzzles.

I worried whether my family was fluent enough in Dutch, when we did the inburgeringsexamen but we passed with flying colours by making the most of the available resources.

The Exam Centre

There are eight locations across the country. In Amsterdam, the centre is based in Old West. The exact address will be shared by the authorities once you’ve registered. It is an easy location to reach, near the metro and train station, with plenty of parking. It’s important to arrive early as you need some time to register, leave all your things in a locker and perhaps go to the toilet. 

Note: If you are late for your allocated slot, you will be turned away and the fee will not be refunded.

The Results

The maximum waiting time for the results is 8 weeks.  The luisteren, lezen, and KNM results are usually released within a week while the results of the schrijven and spreken sections may take up to 6 weeks.

This article is adapted with permission from the author’s blog  Frogs in a Box. 

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With summer fast approaching, it’s time to investigate the guidelines to owning a boat in Amsterdam and further understanding this fun transport option.

What You Need (besides the boat!!)

A special license is only necessary for boats longer than 15 metres or capable of speeds faster than 20 kph. If you are planning to pilot something smaller and slower than that, you are already good to go.

Harbour Fee

Amsterdam’s waterways are managed by Waternet.

If you plan to moor your boat within city waters you are required to pay an annual harbour fee (binnenhavengeld).  This is calculated with two aspects in mind:

• Square meters: the total square meters of your boat (width x length)
• Motor type: The annual fee has two rates, an environmental and a regular one.

After paying the harbour fee you will receive a sticker which you are required to place on the port (left) side of your vessel. This allows Waternet to check if you have paid your fee or not.

If your boat does not have a harbour fee sticker, or it is moored in a prohibited location, you can be fined between €10 and €17.60 per metre, based on the length of your craft. Your boat may also be towed away, in which case you will be required to pay a towing fee of €182 and a storage fee of €0.90 per metre.

Mooring

You may moor your boat anywhere in the city except for certain clearly-marked locations such as under bridges, in narrow waterways, in junctions, or by rescue steps. Starting in 2019 it is no longer permissable to moor boats in the Red Light District.

Parking

It is important to know that docking sites may not be claimed except in the case of houseboats, which have permanent mooring permits. Having said that, there is still a “gentleman’s agreement” in regard to this. If you choose a location to moor, be sure to give clear indications that there is actually a boat to be moored there. If someone takes your spot you should be able to reach an agreement of understanding by letting the person know that you usually have your boat moored there. Remember that for boats above 12 meters length you should be thinking of mooring in a marina.

Marinas / Harbour Clubs

A selection of Marinas in Amsterdam are:

The City Marina 

Port Entrepot  

Peek Watersport 

E Harbour (for Electric Boats only).

But there are also great marinas and harbour clubs right outside of Amsterdam like the Vinkeveense Plassen, also known as the Amsterdam Lake district.

Jachthaven Vinkeveen 

Life Vests vs Swimming Vests

A swimming vest (zwemvest) is an aid for swimming, and they are available for children weighing 30kg and up. A life vest (reddingsvest) is a personal flotation device designed to save lives and are available from the newborn size of 5kg. These life vests are designed to turn the child onto his/her back and to hold the head and face above water to enable breathing.

Life vests are not mandatory but highly recommended! When purchasing a live vest make sure you are well informed about the type of vests that fit your situation best (sea, lake, canal).

Lana Huf-Germain is a born and bred Amsterdammer. She understands the difficulties faced by international families with no grasp of the language or history, and the extra problems this brings raising a family in Amsterdam. She started Amsterdam Family Assistance to help families new to the Netherlands overcome these barriers and make them feel at home.

Photo credit: Jachthaven Vinkeveen

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New Dutch Matrimonial Property Law as of 1 January 2018

A new law on matrimonial property came into force in the Netherlands on 1 January 2018. From that date onwards, unless otherwise stipulated by prenuptial agreement, a limited community of property regime applies to all marriages contracted in the Netherlands. Under this regime, only those assets and debts acquired during the marriage form part of the community of property, while those assets acquired by inheritance or as a gift, pension rights and survivor’s pensions covered by the Dutch Act on Equalisation of Pension Entitlements after a Separation are excluded. The community of property also includes assets owned jointly by the spouses prior to marriage (e.g. while living together).

This change to the law governing Dutch matrimonial property might raise questions for couples who plan to marry here, couples that are already married here, and for couples that have married abroad.

Choice of Law

For couples intending to marry in the Netherlands, it is wise to consult a notary familiar with international family law to draw up a prenuptial agreement. This agreement should include the choice of  law to govern matrimonial property. This will remain applicable in many countries to which the couple might move at a future date, the UK and USA excepted.

Under Dutch Private International law, couples may choose:

• the law of the State of which one of the partners has nationality;
• the law of the State where one of the partners has his or her residence at the time of the choice;
• the law of the State where the couple will have their first habitual residence after marriage.

For real estate the couple may choose the law of the State where the property is located.

The designation of a specific law must be expressly agreed or unambiguously derive from a marital agreement.

So, if one of the partners is a Dutch national, or at least one of the partners is resident in the Netherlands, the couple may elect to have their matrimonial property governed by Dutch law in which case the new law on marital property mentioned above will also apply.

Determination of Applicable Law on Matrimonial Property Law

Couples who are already married, whether here or abroad, may wish to determine which law is applicable to their matrimonial property, if a choice was not previously made by prenuptial agreement.

As we are in the Netherlands, we will approach the matter on the basis of Dutch Private International rules. However, for couples currently living abroad or moving abroad at a future date, the applicable law needs to be determined on the basis of the Private International rules of the other State. The law applicable to their marital property may well be different.

In the Netherlands, the Hague Convention on the Law Applicable to Matrimonial Property Regimes 1978, applies to marriages solemnised after 1 September 1992. (Please consult your notary if you married prior to this date.) If no choice of law was made by prenuptial agreement, then the applicable law is the law of the first common habitual residence of the spouses, if the spouses do not have common nationality. For spouses with a common nationality, their national law applies under certain conditions. If the spouses have neither a first common habitual residence, nor a common nationality, then the law of the State with which the spouses are most closely connected applies. Please be aware that the applicable law can change through naturalization, immigration, and after 10 years of residence in a particular country. These changes can be prevented by making a choice of law or concluding a marital agreement.

Previous Dutch Matrimonial Property Law For Couples Married Before 1 January 2018

If Dutch matrimonial property law turns out to be the law applicable to matrimonial property and the couple was married before 1 January 2018, the previous statutory regime consists of a comprehensive (rather than a limited) community of property. All assets which the spouses owned at the beginning of the marriage and all assets which they acquired after the marriage belong to the community of property for so long as the community is not dissolved. Assets which are acquired by inheritance or gift remain outside the community providing the last will of the deceased or the intention of the donor explicitly states this to be the case (an exclusion clause). Pension rights as intended in the Dutch Act on Equalisation of Pension Rights in the Event of Separation and surviving dependents’ pensions do not belong to the community. Assets (and debts) that are exclusively connected to one of the spouses do not fall within the community either. Debts entered into by the individual spouses also belong to the community and are to be paid out of the community’s assets.

Consequences of Divorce / Separation For The Community of Property

The marital community of property, in both its previous and current versions, is dissolved by divorce. In principle the spouses are each entitled to one half of the assets. After dissolution of the community, each spouse can ask for the return of his / her clothes, jewellery, professional and business equipment, papers and family mementos. The distribution can be established in a divorce agreement or by a judge and can be requested at any time.

Consequences of Death for the Community of Property

If the matrimonial property regime is the Dutch community of property, whether in its old or new versions, then the surviving spouse is entitled to one half of the undivided community property, while the other half goes into the estate of the deceased. The surviving spouse holds a special position in inheritance law: according to the law, if he / she is an heir together with the children, all of the assets from the deceased’s estate are allocated to him / her under the obligation to pay off all debts, while the children retain claims upon the estate that need only be paid out upon the surviving parent’s death. If the surviving spouse is excluded from the deceased’s will or s/he is otherwise in need, s/he can request the right of use and usufruct of the former matrimonial home and a right of usufruct on other assets.

The post The New Dutch Matrimonial Property Law and Applicable Law on Matrimonial Property appeared first on Amsterdam Mamas.

Below is a convenient roundup of Amsterdam Mamas’ most popular articles on legal issues and assistance in the Netherlands. There is even more on our website – take a look!

Getting Legal Aid

Legal Aid in the Netherlands

5 Ways to Get Free or Cheap Legal Advice in Amsterdam

Family Law

The Mamas Recommend: Family Lawyers

How to File for Divorce in the Netherlands, Part 1

How to File for Divorce in the Netherlands, Part 2

Moving With Children After a Divorce

How to Get Help for Domestic Violence in the Netherlands

What Happens When a Parent Dies?

Know Before You Go: Border Control and Solo Parent Travel

Real Estate Law

All About Rent

Renting in Amsterdam: Facts and Questions

Consumer Law

EU Consumer Rights When Buying Online

Consumer Rights in the Netherlands

The post Legal Advice in the Netherlands: A Round-Up of Resources appeared first on Amsterdam Mamas.

It was always a given for me that, were I ever to have a baby, it would take my surname as well as the father’s. It’s my name, my heritage, and I’m rather attached to it. Which surname would come first was a different matter, and a minor detail to be straightened out between me and my lucky suitor further down the line. And with that clear in my mind, I moved to Amsterdam and got on with my life.

So imagine my surprise when, at five months pregnant, a Dutch friend casually told me over coffee that double-barrelled surnames are not allowed in the Netherlands. The baby can take the mother’s surname or the father’s … but not both.

After my initial outrage, panic, (possibly-hormone-enhanced) tears, and a feeling bordering on resignation, I hit upon the idea of changing my surname to both mine and my partner’s. In the UK this is a fairly simple process, after which, armed with a new passport and a double-barrelled surname of my own, my partner and I headed straight for the Gemeente and registered the baby under my name. It worked.

I’m not saying this is the best solution – at Christmas I did need to spend quite a lot of time convincing my family back home that I hadn’t secretly got married without telling them – but it is one option, depending on your country of origin.

In the list below, I have tried to present everything I learned during this process, as it turns out I’m not the only one baffled by the intricacies of the regulations surrounding this matter. Good luck!

Nationalities of Partners

1. If neither partner is Dutch, you can more or less do what you want. If it’s allowed in the country issuing your passports, then it’s allowed here.
2. If one partner is Dutch and the other partner comes from a country that routinely allows two surnames (i.e. Spanish or Portuguese speaking countries), then it’s allowed here.
3. If one partner is Dutch and the other partner comes from a country that allows two surnames by choice but not as standard (i.e. UK, Australia), then it is not allowed here.
4. If both partners are Dutch and don’t already have a double-barrelled surname from their family line, then it is not allowed here.

Dutch Law

1. If at least one parent is Dutch and you are married, then Dutch Naming Law automatically applies.
2. If the father is Dutch and you are unmarried, the father should acknowledge (erkennen) the baby before birth, at which point the baby is a Dutch citizen, and Dutch Law applies.
3. If you are umarried, the baby automatically takes the mother’s surname; if you are married, it takes the father’s. However, a quick trip to the Gemeente to state an alternative preference can easily reverse this. Note that currently, parents have until the baby’s first birthday to backtrack on their decision and swap to the other parent’s surname.
4. If the child is born to a woman with a partner of the same sex, then in principle, the child will take the name of the biological mother. 

Complexities

Once you have decided which surname you want, it is not then allowed to have the other surname as a middle name – unless you can prove that this surname is also commonly used as a first name somewhere in the world. For example, Li, Leigh, Lee would all be fine, whereas Unsworth took a bit more reckoning with.

After the first child, any and all additional siblings born to the same parents should share the same surname. This is known as the “Uniformity of Name Within the Family” rule.

Options

1. Register the baby with your own embassy first: If you can, register your baby-to-be with your own embassy first and take some official papers featuring both surnames along to the Gemeente, then the name should be accepted without any problems.
2. Changing surnames after birth: This seems to be the most common route and is possible by obtaining an international birth certificate or non-Dutch passport, and then applying to the Ministry of Justice (Ministerie van Justitie) for a sweet sum of €835 for 1 or 2 children, and €1670 for 3 or more. Note: you will have to prove the laws of your country encourage double-barrelled surnames, or change your own surname prior to the application by …
3. Deed poll: Changing your own surname before the birth of your first baby can be a cost-effective way of avoiding an expensive Ministry of Justice application at a later date. The deed poll itself can be free, meaning that this route costs as much as a new passport (and a couple of international postage fees).
4. Middle name: As mentioned above, if you want to use the other surname as a middle name you have to prove it has been used as a first name somewhere in the world already. Your home country may have searchable online databases or someone to contact for help with this.
5. Try a different Gemeente: I have heard many mamas say that the rules are more lax in different areas of the country and, according to the Gemeente Amsterdam website, it doesn’t matter in which municipality you acknowledge your baby – so if you have the time to spare and fancy a swift erkennen tour of the Netherlands, you could keep trying until you get lucky!

The post Double Surnames: Can You Do That Here? appeared first on Amsterdam Mamas.

When I moved to The Netherlands from a rural American town a few years ago, I encountered a huge lifestyle difference that caught me by surprise: the ubiquity of technology in daily life. Before moving here, I was still writing checks, using a landline for my telephone, accessing government offices by mail or in person, and finding online banking slow and cumbersome. Now, I am learning to love electronic transactions: from public transportation, to online banking, to uploading health care reimbursement forms, digital is the way to go!

Thus, it is no surprise that here in the Netherlands, there is an easy way to access all kinds of government documents without personally trudging to a distant office, kids in tow (especially when it’s raining, which is often). May I present to you – the DigID!  

DigiD – Your Digital Identity

The DigiD is a way to prove your identity online. When you visit a government office, you must often present an ID card, passport, or driver’s license to prove your identity. Once you sign up for your DigiD, the government knows it’s you – it’s linked to your BSN number and other information about you. When you login with your DigiD, you get access to hundreds of Dutch government websites. Information you previously had to collect in person is now available on your home computer; you can check on all kinds of personal documents this way. Some agencies now even require you to have a DigiD.

If, like me, you tend toward the back end of the technology-adoption curve, you probably hadn’t heard of DigiD until recently. Or maybe you’d heard of it but have been avoiding another new online process! I can assure you the whole DigiD process is very simple. The main DigiD website is super helpful, available in both Dutch and English, has loads of FAQ’s to answer all your questions, and easy instructions for how to get your DigiD.

How to Say It

I have to give a quick tip on the correct pronunciation of DigiD. As an English-speaker, I assumed it was pronounced “didge-eye-dee”. Wrong! I quickly discovered that particular pronunciation can annoy native Dutch speakers! They will usually correct you when you say it incorrectly. The correct pronunciation is “digh-ee-day,” with the famous Dutch “g”. You may discover when you say it correctly that the people you’re speaking to, whether on the phone or in a government office, will suddenly smile and be more helpful.

You must make sure you keep this information confidential. No one may ask you for your username, password, or activation code – not via e-mail, telephone, or any other way.

Keeping Your DigiD Secure

Your DigiD consists of a username and a password of your choice. You must make sure you keep this information confidential. No one may ask you for your username, password, or activation code – not via e-mail, telephone, or any other way. In fact, I recently witnessed on online scam with a website using an URL similar to the official government URL asking for the DigiD to access. Good thing it looked fake! You must be as vigilant with your DigiD as you are with credit cards, bank card info, etc.  

For additional protection, you can apply for your DigiD with an extra verification step via SMS. Some organizations require the extra SMS verification to use their files. You can still use the SMS function without a mobile phone (in case you still have one of those landlines I mentioned). In this case, you receive a voice message on your fixed phone number.

Important note: If you set up SMS, you have to wait three days for an activation code to be sent by post. So if you need to use your DigiD quickly and don’t need the SMS code for your first task, you can actually skip that step and add it at a later date.

When you log in with your DigiD, a secure, encrypted connection is established between DigiD and your computer. If you are concerned about security, you can check the DigiD website for more details about the many ways they try to keep your data safe.  

Who Accepts DigiD?

The list of organizations for which you can use the DigiD is a mile long. There are banks, healthcare organizations, pension funds, water boards, municipal governments, courts, and many more. You can access student aid, the Tax Authority (Belastingdienst), and the police. You can even use your DigiD with HEMA, although for what I’m not exactly sure! 

Quickly Complete Tasks with Your DigiD

Here are just a few examples of routine duties you can perform easily from home with a DigiD:

• Access the SVB or Sociale Verzekeringsbank (Social Insurance Bank) to check how much kinderbijslag (child allowance) you will get and when it will be paid.
• Receive and file tax bills with the Belastingdienst. Their website also allows you to change the bank account you would like them to use for any tax refunds (always lovely when you get them!).
• Check water bills and tax with Waternet.
• Log-on to the UWV or Uitvoeringsorgaan Werknemers Verzekeringen (Social Insurance Agency) to sign up for unemployment/sick leave benefits.   
• Do a calculation with the rekentool (online calculator) on your Gemeente (local goverment) website to calculate and request an official quotation for the cost of buying your erpfacht (land lease).
• Request an excerpt from the municipal personal records database through your local Gemeente website.
• Empower others to use you DigiD without actually giving it to them, such as lawyers helping you navigate a government process or tax advisors filing your taxes.

So, spare yourself all those trips to government and other offices. Get a DigiD for convenient, at-home, digital access, and enjoy a cup of tea in your pajamas while you take care of life’s tedious but necessary paperwork in the comfort of your own home. 

The post DigiD? What It Is, and Why You Need It appeared first on Amsterdam Mamas.

Maybe it’s when your aunt in India sends you a box filled with lovely clothes for your new baby. Maybe it’s when you order mascara from an American web shop because you can’t find your favourite brand anywhere in Europe. It happens to nearly every Amsterdam Mama sooner or later: the delivery person asks you to pay a fee just to hand over your parcel.

What’s happening here?

The answer is that if you import goods from a non-EU country to the Netherlands, or if a family member sends you a package from abroad, you usually have to pay import taxes and fees. The courier declares your goods to the Dutch Customs and you will be asked to pay those costs when they deliver your parcel.

This handy guide will help ease the sticker shock that can happen when ordering goods or receiving gifts from outside the EU.

What Are Import Tax, Sales tax, and Processing Fee?

The total calculated taxes and fees are based on the customs value – the actual value of the package, plus shipping and insurance cost.

Import Tax (invoerrechten): How much import duty (tax) you owe on a particular product can be difficult to find. Rates can vary wildly between 0 – 17%! It is 0% on computers, books and beauty products and runs up to 16.9% for sports shoes.  

Sales Tax/VAT (omzetbelasting/BTW): You pay 6% VAT on food, medication, books, art, and antiques and 21% VAT on most other consumer goods.

Declaration & Processing Fee (inklaringskosten): Every postal and courier company can set their own processing fee (costs they make to declare your package to Dutch Customs). The current fees (as of September 2017) are: 

• DHL, FedEx €10
• UPS: €10,50
• USPS, TNT Express, post.nl, China Post, Hongkong Post, Singapore Post: €13
• EMS/TNT: €17,50 

Importing from a business (online order) – outside the EU

If the goods’ value, plus shipping and insurance are:

• < €22 euro: no fees, no VAT
• €22-€150: no import duty, 6%/21% VAT + €13 processing fee
• > €150: 0-17% import duty + 6%/21% VAT over total amount + €13 processing fee

An example:

ITEM: $125 hadbag purchased on Amazon US 

$125 + free shipping + $40 for insurance  = €152 (converted value) 

+

Added duty and tax: 3% import duty = €4,56

+

VAT (152+4,56)*21% = €32,88

+ Post.nl’s €13 euro processing fee

TOTAL: €202,44

Quite a markup on a $125 dollar (€115) bag!

For more information 

Receiving a Package from Family or Friends Outside the EU

Rules are a bit friendlier if you’re receiving goods as a private individual from another private individual (e.g. by a family member or friend).

People sending packages to you should pack the present(s) themselves! They can’t, for example, order at amazon.com.au and have that company ship the item(s) to the Netherlands. The products also cannot have a commercial nature (e.g. no large quantities of the same item).

If goods’ value, plus shipping and insurance are:

• < €45: no import duties, no VAT
• €45-€700 euro: 2,5% fixed customs tax + 6%/21% VAT over total amount + €13 processing fee
• > €700: 0-17% import duty + 6%/21% VAT over total amount + €13 processing fee

An example:

ITEM: ¥20,000 (€156) of Japanese household items and clothes

¥20,000

+

¥7,700 (€60) shipping 

+

 ¥1,700 (€13) for insurance

+  

Added duty and tax: 2,5% customs tax = €5,75 + VAT is (156+60+13+5,75)*21% = €49

+

EMS’ €17,50 processing fee. 

Total: A gift worth €216 may eventually cost you almost €72,50 euro (5,75+49+17,50) to open!

More information

What Are the Restrictions on What Can Be Imported from Outside the EU?

Some goods are restricted or even prohibited from being imported into the Netherlands from a non-EU country. This includes tobacco products, counterfeit items, threatened animal and plant varieties, animal products and foodstuffs, plants, flowers, vegetables, fruit, weapons and munitions, toy weapons, medicines, narcotics, art and antiques. You have to pay excise duty for perfume and alcoholic beverages.

What if My Shipment Consists of Several Items?

For items received from companies: You will always pay import tax over the value of the entire shipment.

For example: if there are two items in the package, worth €20 and €300 respectively, you will need to pay tax on the whole amount (€320). Even if the shipment consists of multiple packages with one invoice, it can be considered as a whole.

For items received from individuals: If the total value of the shipment of two or more items is over €45, you are exempt from import duties on one or more items, the value of which is less than € 45. You pay full tax on the value of other item(s). (The value of the items may not be split.)

Trying to Trick Dutch Customs

Some websites recommend asking the sender to write down “gift” and a value lower than €22 (online orders) or lower than €45 (shipments from friends) on the customs form. As this is fraudulent behaviour, we do not endorse this practice.

Dutch Customs frequently open parcels to check their contents to see if they match the declaration form. If the “€20” box contains brand name outfits, make-up items, or a lens for your camera, they will make an estimate, increase the parcel’s value and tax it accordingly.

What Can I Do If I Don’t Agree with the Fees and Taxes?

If you refuse to pay the fees and/or taxes, you can either return the package to sender, or pay and then contest the customs declaration. 

What Happens If I Order From Within the EU?

If you order from within the European Union, you only pay VAT to the entrepreneur from whom you receive the goods, not to the Dutch Customs. Packages from Amazon in Germany or GAP in the UK, for example, should arrive at your house without added fees or taxes. Please note: there are rules in place for importing tobacco, alcoholic beverages and perfume to the Netherlands.

But My Mother Insists on Sending Me Surprise Packages!

The easiest (and probably cheapest) way for grandma to give her new grandchild some presents is to transfer money into your bank account, or to buy you an online gift card for a European store. Although sensible, it’s probably not what she had in mind.

If family or friends insist on sending an actual package your way, to avoid unpleasant surprises when you open the door, you have three options:

1. Be sure the parcel’s real value (including transport cost and insurance) doesn’t exceed €45 and is clearly labeled as a gift.
2. Some online stores offer hassle free international shopping
3. Give family and friends names of European web shops and brands you like, preferably those that accept non-EU credit cards. For example: amazon.co.uk (English), amazon.de (German, free shipping for orders over €29), bol.com (Dutch, free shipping for orders over €20), wehkamp.nl (Dutch, free shipping for orders over €20), or hema.nl (Dutch, free shipping for orders over €25).

Please note: All prices are based on 2017 information and may be subject to change.

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Children

If parents are not able to come to an agreement about the children themselves, the Dutch judge will have jurisdiction to rule over the children when they have their habitual residence in the Netherlands. In general, Dutch law will be applicable. The nationality of the children does not play a role. By default, under Dutch law, both parents retain joint custody of their children. In principle, they will have an equal share in taking care of the children but this does not automatically imply co-parenting (50/50).

Until a child reaches 21 years, generally both parents are financially responsible. If the parents are not able to come to an agreement, the judge will rule using a certain calculation system.

Division or Settlement of Matrimonial Property

It is not possible to give a general answer on how matrimonial property is dealt with in divorce proceedings if you are an expat. The result will depend on a number of factors, such as the year you were married, the country in which you married, the first (joint) habitual residence after the marriage, and the duration of your stay in the Netherlands.

Prenuptial agreements (huwelijkse voorwaarden) are respected, unless the content is contrary to public order or morality. It is in your best interest to get expert advice before filing for divorce or going through mediation because the consequences of a small mistake can be big.

Negotiating Alimony or Child Support

In general, a spouse can apply for spousal support (alimony) during or after divorce proceedings. If Dutch law is applicable, it needs to be investigated if there is need for support and if the other spouse is able to pay. The current maximum duration of spousal support is 12 years after the registration of the divorce verdict, unless the duration of the marriage was shorter than five years and no children were born from the marriage. In such cases, if applicable, spousal support needs to be paid only as long as the marriage existed.

In negotiation or mediation, it is possible to make other arrangements about the duration, amount and other conditions of child alimony. The Dutch government, however, is planning reforms in the upcoming years that will change the conditions for spousal support.

Your Pensions

If Dutch law is applicable to matrimonial property, Dutch law will typically also apply to pension rights. It needs to be determined whether the pension rights were built in or outside the Netherlands and how to deal with them in divorce.

Your Dutch Residency and Citizenship

Dutch citizens, EU citizens and anyone with a residence permit in their own name will retain the right to remain in the Netherlands after a divorce. However, if your residence permit is a spousal permit, typically tied to your spouse’s job, you will have to apply for a Dutch permit in your own name if you wish to stay in the Netherlands. Consult your lawyer as part of the divorce mediation, particularly if you are considering a formal separation, as this may also affect your residency rights.

Which Name

It is possible to return to the name you had before you married. Under Dutch law, it is also possible to keep your married name after the divorce. If your spouse does not accept that, the judge can be asked to rule on this subject. By default, the children keep the name they were given at birth. There can be other possible outcomes if arranged as part of the divorce settlement and authorized by the judge.

The post How to File for Divorce in the Netherlands – Part 2 appeared first on Amsterdam Mamas.

Contact a Specialized Family Lawyer

If you are legally married and want to divorce, your marriage must be formally dissolved by the District Court. The filing can be done by one spouse or on behalf of both spouses. To be able to file for divorce in the Netherlands you will need a lawyer. It is not possible to contact and file your divorce with the District Court yourself. You may find good family lawyers specialized in international family on the Amsterdam Mamas website.

Court Proceedings

It first needs to be determined whether the Dutch judge has jurisdiction to rule on the divorce. This will be the case when at least one spouse still has habitual residence in the Netherlands. Dutch law does not require the spouses to live physically apart for a certain period before they file for divorce.

On the day the lawyer sends the divorce papers on behalf of one spouse to the District Court, the case is ‘pending’. The lawyer will, as instructed by law, contact a bailiff to serve the divorce papers to the other spouse so this spouse is officially informed and can contact a lawyer.

In general, divorce proceedings will consist of a written petition, a written defense (term to file is six to ten weeks) and a court hearing (couple of months, depending on how busy the District Court is). After that, the judge will rule (six to eight weeks) and the verdict will be sent to your lawyer. After the District Court has ruled, there is a three-month period to appeal.

Legal Grounds for Divorce

In the Netherlands, divorce (echtscheiding) is always on the legal grounds of ‘irretrievable breakdown of the marriage’. There is generally no requirement to define or prove this. It will not be to your (financial) advantage or disadvantage if you are the person filing for divorce.

It is, however, possible for the other spouse to contest the divorce claim in the proceedings before the District Court or the Court of Appeal. Although, in general, the Dutch judge will grant the divorce request since it is typically not accepted to force marriage without possible dissolution.

Parenting Plan

For children born from the marriage, you are obliged to provide the District Court with a parenting plan that is signed by both parties. In this parenting plan, the parents need to at least describe how they will share the care for their children post-divorce, how both parents will stay in contact with the children and each other, and how they will take care of their children financially.

Children aged 12 years and older have the legal right to express their opinion before a decision is made. However, it is up to the parents or the judge to decide what will happen with them after the divorce. The children will never be asked to choose between their parents and are not able to decide themselves.

If it is not possible to send in a parenting plan signed by both parties, perhaps because it is hard to communicate with the other spouse at that moment, you will need to explain to the court what actions you have taken to amend that situation. The judge might ask the Child Protection Board to give advice about the situation. Ultimately, however, the judge will decide.

Secondary Provisions

At the same time you file for divorce, it is possible to ask the District Court to rule on other subjects that are connected to the divorce such as:

• custody over the children and their residence after the divorce;
• visitation rights
• child support
• spousal support (alimony)
• division or settlement of property and assets, including the marital home

When the children and the spouse who needs the spousal support all live in the Netherlands at the time of filing the request, the Dutch judge will have jurisdiction to rule on these subjects.

If the ruling on these subjects is not done during the divorce proceedings, it is possible to ask the judge to rule on these subjects in separate proceedings later on. You will need to investigate whether the Dutch judge(still) has jurisdiction or not.

Registration of Verdict

It’s important to be aware that, after the judge has granted the divorce, the marriage is not yet considered as ended. It is first necessary to register the court’s verdict in the register of deaths, births and marriages within nine months (three months for possible appeal and, if not appealed, another six months after that).

If the divorce is not registered in time, the court’s verdict is no longer valid and the marriage will remain as before. On the day of registration of the verdict, the marriage is officially dissolved. In some cases, it will be necessary to register the divorce in your own country as well.

Preliminary Measures

During divorce proceedings, it is possible to ask the judge to take preliminary measures regarding the children, the marital home and child/spousal support. These measures will, in general, only apply during the divorce proceedings and cannot be appealed.

Applicable Law

In both definitive and preliminary measures, it needs to be determined which law is applicable to each subject (matrimonial property, alimony etc.). The Dutch judge may need to apply the law of your country of origin to a specific subject. Sometimes it is possible for the parties to make a choice of law. Your lawyer can give you information on which law applies. Since most family law lawyers do not specialize in private international law, it is wise to contact a specialist.

Mediation

The primary goal of the divorce process in the Netherlands is to help the couple reach an agreement that they can both live with. Even if the petition for divorce is filed by one spouse, the judge will first investigate whether it is possible to come to an agreement about children, finances etc. through mediation.

If both parties consent to it, will they be sent to a mediator. The main part of the process takes the form of mediation meetings, where a divorce agreement is hammered out in the presence of a mediator, lawyer or notary. This can take anywhere from two to ten sessions of one to three hours each.

If the parties come to a divorce agreement, this agreement will be send to the District Court and the judge will only have to rule on the divorce itself, meaning divorce proceedings can be finalized quickly. After that, court proceedings are over.

You cannot be forced to participate in mediation, but the goal is to let the parties understand they will have to find a way to communicate in the future, especially when children are involved. If mediation is unsuccessful, the proceedings are activated and the parties are thereafter not allowed to inform the judge of the content of any mediation negotiations.

It is also possible to go through mediation before a petition for divorce is filed. In that case, the parties contact a – preferably specialized – divorce mediator themselves. If they reach an agreement, the mediator will (if he or she is also a lawyer) submit a petition for divorce on behalf of both parties, accompanied with a signed parenting plan and divorce agreement. In such cases, there will not be a court hearing and the judge will grant the divorce after a couple of weeks.

The mediator assists the parties with registration of the courts’ verdict. Make sure you are well informed about the mediator and the costs in advance. Mediation through internet without face-to-face contact is not recommended, nor supported by the Dutch Bar Association.

Documentation for a Dutch Divorce

The court may request whatever evidence it deems necessary. This can include documents such as:

• identification;
• residency permit information;
• pre-nuptial agreement (huwelijkse voorwaarden), if one exists;
• income, property, assets and tax information;
• information about any children;
• parenting plan, if there are children involved.

This article continues as a Part 2.

The post How to File for Divorce in the Netherlands – Part 1 appeared first on Amsterdam Mamas.

How I Became a Kaaskop (or 10 Steps to Dutch Nationality Through the Option Procedure)

“Gefeliciteerd! Jij bent nu een echte kaaskop,” my Dutch friend said giving me the traditional three kisses as we stood on the school playground. I have been called many things over the year, but a ‘real cheese head’ is a new one. It’s not a title I can add to my cv but nonetheless I am proud of my new dual nationality status. Here are the ten steps I took to gain Dutch nationality.

1. A Reason to Become Dutch

I have been in the Netherlands for 16 years now, and until a couple of months ago being able to obtain a Dutch passport didn’t attract me; it offers me nothing beyond my British passport. Until Brexit. So the first step is definitely a reason to go through the process.

2. Choose a Process

There are three ways to obtain Dutch nationality: automatically through law, naturalisation (naturalisatie), or option (optie). This article is about the option process only.

Once I started digging, I realised I qualified for the option procedure under the condition: “You are married to a Dutch citizen for a minimum of 3 years and have legally lived in the Netherlands for an uninterrupted period of at least 15 years.”

3. Do A Happy Dance

Should you be eligible to take the “simplified procedure for obtaining Dutch citizenship” you should truly count yourself lucky. And I really did. As well as a simplified process, it has several other advantages:

• It is a lot cheaper than naturalisation (€179 instead of €840) [2016]. Knowing that my fifteen-year wait to make my application had saved us hundreds of euros motivated my Dutch husband to do a happy dance.
• It takes around three months (instead of a year with the naturalisation process).
• There are no Dutch language tests or civic integration exam (inburgering).
• You can keep your birth nationality, as long as your country permits it.
• It can all be done with your local municipality (gemeente) instead of the Immigration and Naturalisation Service (IND).

4. Collate Documents

The option procedure requires that you show a number of documents at the first appointment you have at your gemeente. You need:

• A valid travel document (e.g. a passport)
• A valid residence permit (if you are required to have one)
• A birth certificate (translated if is it not in Dutch, French, English or German and then legalised)

There may be other documents required depending on your status so check with your local municipality.

5. Make an Appointment

You need to make an appointment with the gemeente you are registered with, usually online.

6. Go to Your Appointment

I turned up on time and declared I’d like to be Dutch. I was then asked a series of questions. The answers to these questions, and the correct documentation, determines whether the gemeente considers you eligible to make an application using the option procedure.

7. Be On the Ball

Make sure you are aware of the requirements so that you can answer the questions you are asked, present the documentation you need to show and avoid potential pitfalls.

I faced two during my initial appointment.

I was asked if I could show my civil integration exam results. I chirped up that for the option process this wasn’t a requirement. It was dismissed with mutterings of “Oh nee, natuurlijk niet”.

Secondly, dates are important. Although I arrived in the Netherlands in September 2000, the IND only processed my residence permit application in December 2001. (Long story but the short version is my file was lost in the bowels of bureaucracy.)

According to the system, my ‘legal’ stay in the Netherlands was therefore six months shy of the required 15 years. My husband pointed out that as I am British I didn’t actually need a residence permit, and so the date I first registered in a Dutch system (September 2000) was the date that should be used. You see how complicated and confusing it can get if you are not on the ball?

A third issue was one I avoided. I was told if my British passport had been in my married name it would have made things harder. So if your existing passport contains your married name do some investigation as you may need further documentation.

8. Make a New Appointment and Turn Up at That One Too 

In my case, I had to make a new appointment for a few weeks later to file my application. The good news is that this appointment was pain-free. The forms were waiting for me and all I needed to do was read through, sign, and hand them back. Then there was the small matter of payment.

Once the application is filed the authorities carry out a judicial background check. Your application will only be approved if: “In the previous 4 years you have not received a prison sentence, training or community service order or a large fine (€ 810 or more). Nor may there be any criminal proceedings pending against you.”

9. Wait for a Letter from the Mayor

Once the legal checks have been carried out and your application for Dutch nationality is approved, the local mayor will send you an invitation to the next naturalisation ceremony at the town hall.

10. Go to the Naturalisation Ceremony

This is a mandatory part of the process. Dress up and gather the family together so that you can become Dutch in a feestelijk manner.

The mayor (or stand-in) says a few words about what it means to be a Dutch citizen. You are invited up to the front to make a declaration of verbondenheid (allegiance) and then presented with a document that confirms your newly acquired ‘Dutchness’. Gefeliciteerd!

photo credits: Main pic – Yay Images. All other pics – Amanda van Mulligen

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