You can read here about habitual residency in the Netherlands.

Am I a habitual resident?

 To be covered by the Dutch social security system and therefore be insured under the national insurance schemes, you must legitimately work or live in the Netherlands.

Legitimately means that you are a Dutch or another EU citizen or that you meet the conditions for legitimate residency in the Aliens Act (Vreemdelingenwet, VW). The Aliens Act stipulates very precisely in what cases you may remain in the Netherlands as an alien or foreigner.

Personal connection of a permanent nature

You are considered to live in the Netherlands if there is a personal connection of a permanent nature between you and the Netherlands. Whether such a connection exists depends on factors such as:

• the duration and continuity of the stay in the Netherlands;
• the nature and specific characteristics of the work done, particularly the place where this was usually carried out;
• the stable nature of the work or the length of an employment contract;
• the family situation and family connections;
• the attendance of the children at a Dutch school;
• the participation in a course to learn the Dutch language, a naturalisation course or professional education;
• the performance of voluntary work or other activities;
• for students, the source of their income;
• the accommodation situation and how permanent this is;
• the Member State where the person concerned lives for tax purposes.

Test of legitimate residence

Factors such as living and working environment, family, finances and entry in the population register are weighed up together to reach a final conclusion. The decision is not made on the basis of one factor, but is based on the underlying relationship between the various factors.

The will of the person concerned to remain in the Netherlands may be of importance. However, the intention must be assessed on the basis of the person's behaviour and supported by the facts and circumstances.

The test of legitimate residence takes place at an individual level. Family members living illegally in the Netherlands have no right to benefits, even when the partner or parent living legitimately in the Netherlands has that right.

What am I entitled to and how can I claim?

 The general rule is that everyone who lives in the Netherlands is insured under these social insurance schemes. Habitual residents in the Netherlands may also claim social assistance based on the Participation Act, and young disabled people a benefit based on the Young Disabled Persons Act (Wajong).

Know your rights

 European Commission publication and website:

• Provision of social security: your rights as an EU citizen abroad.