What is 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. You can start a brick and mortar business selling a product or service, an online business selling a product or a service, or you can work in the Netherlands as a freelancer/consultant or a digital nomad. But you will need to be the sole proprietor, will need €4,500 to “invest” and maintain in a business bank account, and you cannot be employed by another entity/company.

Useful resources for learning about the DAFT

Process/steps DAFT for an 'eenmanszaak' (to be reviewed)

(if you think you will make more than EUR 70.000 a year you might want to check B.V. or eenmanszaak?)

- check if you can meet the requirements:

You will operate your business between the US and the Netherlands

You will start a new business opportunity or a profession in which you have invested a substantial capital (€4500).
You have a valid travel document (for example a passport).
You are not a risk to public order and national security.
You have sufficient and long-term means of support
- You must be able to make enough money after obtaining the Visa to stay off of Dutch welfare programs
You have not previously stayed in the Netherlands illegally.
You have not given false information or have withheld important information to support any previous applications.

- collect documents (like marriage certificate, birth certificate, etc) and have them apostilled (https://www.usa.gov/authenticate-us-document)

- make sure you have a mailing address (this can be a correspondence address, an existing address of a person or institution) https://www.government.nl/topics/municipalities/question-and-answer/correspondence-address

- make an appointment to register at the municipality of your choice to register in the Personal Records Database (https://www.government.nl/topics/personal-data/personal-records-database-brp)

- fly to the NL

- register at the municipality of your choice within 5 days of arrival (https://www.netherlandsworldwide.nl/personal-records-database-brp/when-register) After you register you will get a citizen service number (BSN) sent to you by mail. You will need this for a lot of things. When using a correspondence address you will need to register this first at the municipality of your choice

- call IND (Immigratie en Naturalisatiedienst) to see if you need to make an appointment and request a permit for your stay until the paperwork is done https://ind.nl/en/service-contact/contact-with-ind/call-the-ind

- after receiving your BSN: apply for a DigiD https://www.digid.nl/en/apply-and-activate/apply-digid/

- after receiving your DigiD: make an appointment with the Chamber of Commerce (KvK) to register your eenmanszaak (or B.V.) https://www.kvk.nl/en/registration/registering-a-dutch-eenmanszaak-and-making-an-appointment/ (you will need your DigiD for this) At the end of the appointment, request an official extract of your registration. Cost of registration: 65 euro

- set up a bank account for your business (https://dutchreview.com/expat/how-to-set-up-a-dutch-bank-account/)

- put the required amount in your business account (currently that is 4.500 euro)

- get your opening balance sheet verified and signed off by an “External Expert”. This basically means that you must have someone who is a certified tax professional, accountant, or financial advisor verify that you have the required capital investment of €4500 in a business bank account.

- fill in the DAFT form https://ind.nl/en/forms/7524.pdf and send it with all the required documents to the IND (cost of request: 405 euro)

- wait and keep an eye on your snail mail because the IND does everything by post

Once you Obtain the Netherlands Visa (USA citizens)

CONGRATULATIONS! You are now allowed to stay in the Netherlands for two years, run your own business and perform work as a freelancer. You must maintain the €4,500 balance in your bank business account. Do not go below this required investment amount, otherwise, the IND may revoke your Netherlands Visa. USA citizens may apply for an extension after the two years are up. If you receive the extension your permit is valid for another 5 years.

After having your Dutch-American Friendship Treaty Visa for 5 years, you may apply for a permanent residence permit or you may apply for Dutch citizenship!