Hi there, I am from the US and hope to be submitting an application soon to work in the NL as a freelancer. My Q is: Will I be able to begin working from the day I submit my app (via temp work permit of some sort?) or must I wait until they make a decision? If i must wait, does anyone have any experience as to approx how long IND takes to make this type of decision? My concern is, if I've got clients who have given me proposals for my services, IND might take so long that those clients may have changed their minds by that time. I will have lost my clients before I begin working! Can anyone shed any light here? Many thanks in advance!

It's not possible for a US citizen to get a residence permit to work as a freelancer in the NL.

Under the Dutch American Friendship Treaty, freelance activities are specifically excluded from the treaty. So you could file an application as a freelancer but it would be denied on this basis.

Instead, Americans have to structure their activities to resemble a business (instead of freelancing). It's mostly semantics and lots of Americans have been approved as one-person businesses here. But none of them are using the treaty to work here as lawyers, medical professionals, teachers, and other professions considered 'free' under Dutch law.

Using the word 'freelancer' is an automatic disqualification so I don't recommend that approach here. You'll need a business plan comparable to what other retail and wholesale businesses operating here would have. That includes financial statements from Dutch accountants.

For example, if an American IT specialist applies as a freelancer, the application will be denied.

If the same American sets up an IT company which sells IT services, then the application has a much better chance of approval.

Christian Barth, Esq.
www.expatlaw.nl

If I am sponsored by my girlfriend do I need to do anything special to be able to freelance?

you will still have to wait until approved by ind to work.
getting back to the first poster

if your clients will allow you to bill them a business or self employed from the usa, then you can get around it until you are approved. this solution is really very temporary because you can not be in Holland long term to do the work because then you will be obligated to have the permit which you are waiting for.

What kind of work do you do?

Would you be ok if you left every 90 days to renew a tourist stay and telecommuted from the EU even if you have a permanant residence in the US? I have been trying to find out if this is legitimate since my employer is very flexible. I'm in IT. This would be without sponsorship.

Its not me who has to be ok with it. If your client, he certainly can't be your employer, doesn't mind you billing him as a us business, then it sounds like you can work around it.