Netherlands

The Netherlands is one of the more LGBTQIA+ friendly countries in the world (see LGBT Equality Index) offering a high standard of living, robust legal protections, and comprehensive healthcare for transgender individuals. Overall, the Netherlands provides a relatively safe and inclusive environment for trans people. This might be under threat by the rise of fascism though.

This Expatica article gives a very general impression of life in the Netherlands; below are more specific considerations.

Why the Netherlands?

The Netherlands is one of the more progressive countries in the world, famously the first to legalize same-sex marriage in 2001. There are several positive factors to life in the Netherlands:

• Article 1 of the Constitution centers on equality and prohibition of discrimination (see Wikipedia and Dutch constitution text). This explicitly covers discrimination based on religion, belief, political disposition, race, gender, disability and sexual orientation.
• The Netherlands ranks #6 on the World Happiness Report 2024 especially in terms of income and social support. Dutch society generally cares for each other, reflected in decent and affordable (gender-affirming) healthcare as well as education, widely usable and reliable public transportation, societal safety nets like unemployment, overall safe living environments. (The downside: high taxes.)
• Vacation, pregnancy, sick leave: based on employment laws, employees have rights to a minimum number of paid time off (PTO)/vacation days (4 times the number of hours worked per week) - this minimum is not based on seniority and employers can offer additional vacation days on top. Legal rights also include fully paid pregnancy and sick leave. This even works for PTO: when you get sick during vacation, you get those PTO days back to use again later. Sick leave can also be used for gender transition, and while not legally required, some companies may even offer special gender transition leave as a separate benefit.
• LGBTQIA+ rights and community: beyond legal rights like gender recognition (including X) and same-sex marriage, there are many strong communities with Pride events and dedicated queer spaces in many Dutch cities, see our dedicated page about community and social support: Netherlands/Community_Social_Support.
• Language: English is prevalent in the Netherlands and government documentation is generally available in English. While learning Dutch is useful, not knowing Dutch isn't a barrier when you first arrive.
• Independence from Car Culture: The Netherlands has fantastic public transport options and a bike culture that is second to none. This makes it significantly easier to avoid the expense and hassle of car ownership (unless you have specific needs). There are also a number of car share systems in place if you do need a car on occasion.
• Water management: about a third of the Netherlands (not all!) is below water level, forcing Dutch engineering efforts to combat flooding. This has led to an extensive system of dikes and pumping stations managed by regional water authorities for which any resident can vote, regardless of citizenship. These elections are entirely separate from the main political system, reducing chances of Dutch water management being waylaid by trends on a national level.

Why not the Netherlands?

Recent political developments have seen a rise of the far right - unfortunately the Netherlands is not exempt from the global slide towards fascism. There are also other societal factors to weigh:

• Political climate drifting further right: While the outright fascist party FvD has lost most of its followers, the populist anti-immigrant party PVV has risen in its place and become the largest party in the country in the latest 2023 election. Other government coalition parties include the VVD, the economically conservative liberal party; and the BBB, the conservative climate change denying farmers’ party.
• Dutch tolerance and directness: while the Netherlands is known for its tolerance, this is mostly based on a sense of societal compliance: “just be normal, then you’re weird enough” is an often used Dutch saying. Dutch communication also leans very direct to the point of bluntness: while usually meant for honesty and efficiency, it can be hurtful when not accustomed to these societal standards. For more information about cultural differences and other integration aspects, see: Netherlands/Culture_Integration.
• Bureaucratic hindrance of trans rights: while gender-affirming healthcare is available, initial evaluation for a diagnosis at a gender clinic has multiple (4+) years long wait lists. Legal gender recognition for changing between F and M requires a mandatory “expert statement”: a 2019 proposal to remove this expert statement met a great deal of societal resistance, thus was dropped. To change gender to X, there is even a legal procedure to submit to court via a lawyer required on top, with a three month waiting period after approval.
• Colonialism and racism: with its strong colonial history, Dutch society struggles to come to terms with colonialism and racism. The most obvious is the discourse surrounding “Zwarte Piet” (Black Pete) and the anti-immigrant party PVV’s “fewer Moroccans” speech from 2014, still relevant as they hold governmental power today.

Political situation for trans people

The Netherlands has a law on self determination, meaning you can choose your gender marker and given names, once a year and after a three months waiting period. However the conservative and far right parties are in power and things might change in the future.

More info in this topic here.

Access to trans health care

In The Netherlands, it is compulsory to take out a private health insurance (note that health insurance is NOT linked to your employer!). Many Dutch insurance providers reimburse a decent amount of gender-affirming care treatments, provided that they have contracts with the institutions performing them.

The official channel to start HRT in the Netherlands is by referral to an endocrinologist, which can be obtained from your GP or your gender clinic, almost always after getting a gender dysphoria diagnosis. You nearly always need an official diagnosis, so if you have paperwork with an ICD-10 diagnosis of F64.0, bring that with you, it will make your life easier.

Undertaking HRT through official channels is not only the safest option, but also the only way to be eligible for at least partial reimbursement by Dutch health insurers. DIY hormone therapy is accessible, sellers exist that ship from within the EU (and thus without any customs interfering).

In the Netherlands, certain gender-affirming surgeries can only be accessed through gender clinics. This means they can only be pursued in consultation with a team of psychologists, endocrinologists, and surgeons.

A lot more information on the topic can be found here. Additionally, the NRC did a deep dive report (30 min read) on the workings of the AmsterdamUMC gender clinic based on 1.5 years of direct observations and interviews with both healthcare providers and patients.

Principle 17 is a collective of activists promoting customized trans health care with additional news and projects.

Dutch healthcare system

In general, healthcare in the Netherlands works very differently from the US, as described in: Netherlands/Healthcare

Immigration and Citizenship Pathways (work in progress)

Obtaining a residence visa

To stay longer than a tourist visa allows, access banking and health insurance, or start a path to permanent residence or citizenship, you must first get a residence permit. The IND ("Immigratie- en Naturalisatie Dienst") is the Dutch Immigration and Naturalization Service, handling all applications for living in the Netherlands.

The most likely routes are:

• Self employment through the DAFT:
  • The Dutch American Friendship Treaty (DAFT) is an agreement between the United States and the Netherlands that allows Americans to acquire a two-year Dutch residency for the purpose of “starting a business." Many types of businesses can qualify under the DAFT including brick and mortar businesses, online businesses, and freelancing/consulting. The most basic requirements are that you are the sole proprietor of the business, that you “invest” and maintain €4,500 in your business's bank account, and that you are not employed by another entity/company while on the DAFT. Since a broad array of business types can qualify under the DAFT, this opens up immigration opportunities for people usually not covered by other skill or job-based visas.
  • Some people who moved to Netherlands a couple of years ago via DAFT created a detailed webpage about what they now know. INLS is as an immigration law and relocation firm in the Netherlands that has specific information on the DAFT.
  • Our guide on applying for the DAFT is here: Netherlands/Dutch_American_Friendship_Treaty

• Skilled immigration: IND site on highly skilled migrants
  • You will need a job at a company listed here: https://ind.nl/en/public-register-recognised-sponsors/public-register-regular-labour-and-highly-skilled-migrants
  • The candidate will need to meet some basic requirements but a key requirement is income amount so this is an important criteria to consider when applying for a job.
  • Expat scheme tax advantage -- formerly known as 30% ruling-- can apply to Americans on this type of visa: https://www.belastingdienst.nl/wps/wcm/connect/en/individuals/content/coming-to-work-in-the-netherlands-30-percent-facility https://business.gov.nl/staff/employing-staff/the-expat-scheme-30-percent-ruling-in-the-netherlands/
  • Our guide on applying as a highly skilled migrant ("kennismigrant") is here: Netherlands/Highly_Skilled_Migrant
• Student visa: https://ind.nl/en/residence-permits/study/student-residence-permit-for-university-or-higher-professional-education
  • You will need to study at one of these institutions: https://ind.nl/en/public-register-recognised-sponsors/public-register-educational-institutions
• Other routes for working in the Netherlands.

Routes that are currently not available:

• Asylum options: The Netherlands at the moment does not allow asylum process for Americans. While that might change, so far it has not. NL has not accepted American asylum seekers so far, so this may be relevant only as last resort: https://ind.nl/en/residence-permits/asylum/apply-for-asylum-in-the-netherlands#process-and-costs However, asylum from other countries has been granted on grounds of sexual orientation putting you at risk in your Country of origin.

Citizenship Pathway

There is one main pathway to get Dutch citizenship as an immigrant.

Naturalization

• Standard Residency Requirement: You have lived in the Kingdom of the Netherlands for at least 5 consecutive years with a valid residence permit. You have always extended your residence permit on time. Applicants must demonstrate A2 proficiency in the Dutch language, pass a citizenship test, declare that you are aware that the laws of the Kingdom of the Netherlands also apply to you, prove financial self-sufficiency without state assistance, and have no serious criminal convictions. You must renounce your current nationality. https://ind.nl/en/dutch-citizenship/becoming-a-dutch-national-through-naturalisation#requirements

• Accelerated Naturalization: there are some exceptions to the 5 year rule.

Citizenship by Marriage

• Spouses of Dutch Citizens: Spouses and registered same-sex partners of Dutch citizens can apply for naturalization if they have been married to or in a registered partnership with a Dutch national for at least 3 years. You can prove that you have lived with your Dutch partner for at least 3 years. In these cases you would also NOT need to renounce your own nationality as being in a registered partnership with a Dutch citizen or married to a Dutch citizen prior to requesting naturalization is one of the exemptions to the rule.
• Living together before marriage/registered partnership: If you lived together with your Dutch partner within the Netherlands in the time immediately before your marriage or the registration of your partnership, you can also count this time as part of your 3 years. If there is a gap in your residency in the Netherlands, or a gap in living with your partner, while you are not yet married or in a registered partnership, you will have to start your count over. You must be already married or in a registered partnership at the time when you apply for naturalization.

Citizenship by Ancestry*

*This is complicated. Usually, if you are a Dutch citizen by ancestry, you will already know this. Because it is possible to lose your Dutch citizenship when you do not actively maintain it, even a person who received citizenship by ancestry at birth may not be a citizen now.

Generally speaking, if your parent or grandparent was a Dutch citizen, it's worth checking the rules on the IND website and consulting with an immigration lawyer. In some cases, but not all, you may be able to apply for citizenship through option, an expedited process for people with existing close ties to the Netherlands. Be warned that the rules for this are very confusing, and it's a very good idea to get some legal advice if you are exploring this.

In some unusual cases, it is indeed possible for you to be a citizen by descent without knowing. However, if you are older than 31, are a citizen of another country, and have never done anything to maintain a Dutch citizenship, then you will no longer have your Dutch citizenship, even if you had it before.

Legal Rights & Protections (work in progress)

Anti-Discrimination Laws

• Legal Protections: Overview of protections for transgender individuals in employment, housing, and public life.
• Reporting Discrimination: How to report instances of discrimination and seek legal recourse.

Legal Gender Recognition

• Process Overview: Detailed guide on changing gender markers and names in official documents.
• Recent Legal Developments: .......................................

Workplace Rights

• Transitioning at Work: Guidance on navigating the workplace during transition.
• Legal Protections: Information on laws protecting transgender employees.

Preparing for the Netherlands

There are several important practical preparation steps to come to the Netherlands, split off into their own subpages:

• Apostille of required formal documents: Netherlands/Apostille
• Housing & Pets: Netherlands/Housing_Pets
• Arriving in the Netherlands: Netherlands/Arrival