I got some official answers from IND
Question Part:
Dear sir/madam
Thank you for taking time to read this long email.
I have some questions concerning the validity of the long-term residence permit.
1. Does de-registration from City Hall (Gemeente) automatically mean leaving the country? How does it affect the residence permit status?
2. How do you define reside outside of the EU. Does it start to count on the day that the person leaves EU? Or does it start to count when the person de-register from the city hall?
3. How can we know whether the residence permit is still valid or not?
4. Is there any other thing we should consider for the residence permit? Like health insurance and jobs?
Thanks a lot for your clarification!
Best
Answer Part:
Dear Sir,
With reference to your request for information I inform you on the following.
A permanent residence document is valid for five years. After these five years the residence document will have to be renewed. This costs € 41.
The permanent residence permit can be revoked in the following situations:
a absence of the Dutch territory;
b obtaingin of the permanent residence on frauduleus grounds;
c threat to public order or national security;
d obtaining of a EG long term resident status in another EU member state.
I will explain all four reasons.
a The permanent residence permit can be revoked when you have stayed outside the Netherlands, the EU, EER or Switzerland for more than 12 months continuous or when you have stayed outside the Netherlands but within the EU, EER or Switzerland for more than six years continuous. Residing outside the EU or outside the Netherlands starts on the day you leave the Netherlands, regardless whether you are deregistered or not. You can stop a term by returning to the Netherlands for some time. A few days in the Netherlands will start a new term of 12 months or six years. You should be able to prove that you have resided in the Netherlands off course.
The permanent residence permit is not revoked when you have not moved your main residence, the holder of the permanent residence permit shows that he/she has stayed more than six years outside the Netherlands for study in one or more of the other EU member states. Deregistering form the GBA means you have moved your main residence. You cannot deregister from the GBA in the Netherlands and stay in the Netherlands as every citizen of the Netherlands should be registered in the GBA. Deregistering from the GBA might mean the residence permit is revoked, but the terms as mentioned in this explanation are off course also taken into account.
b When you, or another person, purposely have given wrongful information that would have resulted in a denial of the permanent residence permit the residence permit will be revoked. If you have obtained the permanent residence permit twelve or more years ago with the status EG- long term resident, the residence permit will only be changed to a permanent residence permit on national grounds.
c For the permanent residence permit to be revoked on the grounds of threat to public order of national security you should pose an actual and serious threat to public order or national security.
d When you have lived in another EU member state for five years you could also get a residence permit EG long term resident in that EU member state. The Dutch permanent residence permit is then however revoked.
Before a residence permit is revoked a letter is send to the foreign national on the last known address. The letter indicates the intention to revoke the residence permit and gives the opportunity to reply to this intention. In other words you will get a chance to inform us of reasons for which we should not revoke the residence permit. Proof that your main residence is in the Netherlands for instance or proof that you have returned to the Netherlands before the 12 months or six years have ended.
Every person living in the Netherlands legally should have a health insurance. With regard to jobs there is no requirement as not having a job is not a reason to revoke the permanent residence permit as you can see in this e-mail.
I trust to have informed you sufficiently.
Yours sincerely,
Audrey Lassche
Public Information Officer
Immigratie- en Naturalisatiedienst / Immigration and Naturalisation Service
Publieksvoorlichting/Department of Communication
Postbus 3211 2280 GE Rijswijk Nederland / The Netherlands
Telefoon/telephone: 0900-1234561 (or from outside the Netherlands: +31-20-8893045)
(maandag t/m vrijdag: 9.00-17.00, € 0.10 per minuut)
Telefax: +31 (0) 70 779 4640
E-mail: voorlichting@ind.minjus.nl
Internet: www.ind.nl
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