US citizen wants to work remotely from Netherlands for couple months

Hello,
My husband and I are US citizens working for US companies. Both of us can and do work remotely. Our daughter got into Amsterdam University College and is going to Amsterdam for 3 years starting this summer. My husband and I want to come with her and spend two months in Amsterdam (July-August) working remotely. By that time we will be fully vaccinated against COVID. We would then go to another (non-EU) country and would be back to perhaps work again from Netherlands for a month in 2022 (and Italy for 2 months). We don't have a house in US and are planning to move between Airbnbs during next 3 years while our daughter is in Amsterdam, occasionally coming to US for several months and then going back to Europe. The first problem I see with this plan is whether or not we are allowed to work remotely for our US companies for those 2 months in Amsterdam. As American citizens, we can enter EU without visa for 90 days but can we work from EU during those 90 days? It looks like regulations are changing but I can't figure out the particularities regarding Netherlands (and other EU countries we want to stay for a month or two at a time like Italy, France, Norway, Portugal). Please let me know if you know anything about it!

Hi and welcome to the Forum.

This is not going to be as easy as it should.  If I ignore everything else you've said, the bottom line is you want to work in Europe while your daughter is in Uni here.  The only way to not have to apply for individual work visas in any EU country is to apply for what's known as a Schengen Visa; you can read about them at this link.  Basically, you can stay a maximum of 90 days in a 12-month period and either take a vacation or work in any of the member states.  I should emphasise what you can't do with a Schengen Visa is country hop every 3 months, it's 3 months total in a 12 month period.  After 3 months you must leave the Union and not re-apply for a further visa for a further 9 months.

However, 3 months does not meet your needs and you will need to apply for work visas of some sort, or go and stay in a country for which US citizens don't need a visa (and I can't think of any in Europe).

There are also tax issues; if you spend more than 183 days in any country, then you will be considered as a resident there and your world-wide income becomes liable for income tax in that country (and the US as well); so, if you have a registered address in the Netherlands, you need to consult with a tax advisor to make sure you are not making yourself liable for Dutch income and social taxes (very expensive).  There is also a problem where the Dutch authorities have introduced limits of 30 days for AirBnb occupancy in any calendar year.

There are employment law issues to consider; people working in the Netherlands are subject to Dutch working laws, does your US work contract fully comply; who is going to pay your compulsory Dutch Health Insurance and taxes?

A way around it is to become self-employed, but how is your current employer going to like you quitting from the payroll and becoming a contractor and there is a requirement that the work you do is necessarily being done in the Netherlands.

This probably isn't everything, but they are very real and you need to consider them.

One last point - Covid.  It's causing some significant issues in the EU countries.  You say you will have both your jabs by June.  There will be people in the Netherlands who will count themselves lucky if they've had any vaccination by that time.  There are currently night-time curfews in operation in the Netherlands and many other EU countries have travel bans that prevent travel between other countries.

Probably not as positive as you hope, but these are the realities at the moment.

Many many thanks for your response!!! I've looked for info about Shengen in a link you posted and I do not think everything you wrote it correct. For example, when you say "The only way to not have to apply for individual work visas in any EU country is to apply for what's known as a Schengen Visa; you can read about them at this link.  Basically, you can stay a maximum of 90 days in a 12-month period and either take a vacation or work in any of the member states.  I should emphasise what you can't do with a Schengen Visa is country hop every 3 months, it's 3 months total in a 12 month period.  After 3 months you must leave the Union and not re-apply for a further visa for a further 9 months." - I think there are two incorrectnesses here: first, US citizen does not even need a Shengen visa to enter Shengen countries for up to 3 months, and second, US citizen can stay in Shengen countries for up to 3 months every 180 days, which means 3 months every 6 months period and not every 12 months period. So technically speaking we could go to Netherlands for 2 months, then go elsewhere (non Shengen countries like Croatia, Cyprus, Georgia, Monaco, Montenegro, UK...) for 4 months, then go back to Netherlands/Italy/Greece for 3 months, then go elsewhere (probably back to US) for 3 months etc. I think I am right - what do you think?

We do NOT intend to stay in Shengen countries longer than 3 months in any 6 months period. And no, we don't intend to spend more than 183 days in any country. As for Airbnb rules in Amsterdam, I just now chatted with an Airbnb online and was told that some Airbnb owners have short term stay licenses that allows them to host for 60 days which is maximum in a calendar year in Amsterdam. And if needed two, my husband and I can hop from one Airbnb after 30 days to another for next 30 days. Hopefully we will find one place to stay for up to 60 days but in case we don't - we have that other option.

I just want to know if I can legally work from Netherlands during those 2 months this year in July and August. And then next year again somewhere in Europe (Shengen) say Italy in April and May 2022.

We are very COVID conscience and won't do any such traveling until the situation in Europe changes for better. I know about Netherlands COVID situation. I'm just trying to get the info in case something really good happens and we can travel as we would do without this horrible pandemic...

Leliko wrote:

Many many thanks for your response!!! ....

US citizen can stay in Shengen countries for up to 3 months every 180 days, which means 3 months every 6 months period and not every 12 months period. So technically speaking we could go to Netherlands for 2 months, then go elsewhere (non Shengen countries like Croatia, Cyprus, Georgia, Monaco, Montenegro, UK...) for 4 months, then go back to Netherlands/Italy/Greece for 3 months, then go elsewhere (probably back to US) for 3 months etc. I think I am right - what do you think?


You're correct - apologies; next time I should do what I always say and follow the links.  You will have to apply for an "ETIAS"; the details are in that link I didn't follow.

Leliko wrote:

As for Airbnb rules in Amsterdam, I just now chatted with an Airbnb online and was told that some Airbnb owners have short term stay licenses ......


That may be what AirBnb think, that's not what Dutch law says (at least that's what the local councils who have to licence this activity think); this link will give you a flavour of how this is going; at the moment it is at best "unresolved".  There is a 30-day restriction in Amsterdam, I didn't make it up.  That doesn't stop you from looking for somewhere more long-term once you get there.

Leliko wrote:

just want to know if I can legally work from Netherlands ......


OK - as a 3rd country national (or non-EU citizen), you cannot "work" in the Netherlands without a work visa.  From the many they offer, there is no specific visa for what you're contemplating; I suggested the Schengen route because it permits "business travel" which must by association permit work type activities.  In fact, the FAQ response to that specific question says "no" (link) - I've paraphrased, it says much more than that, but as far as you're concerned, that's the answer.  However, perhaps they will allow discretional decisions.  My advice would be to contact the IND, that link also gives you a phone number (+31 88 043 0430) to ask questions, try phoning them.  They also have a Twitter feed where they will answer Generic types of questions.  Warning, Covid has affected their office workers with many working from home, but they claim to still be offering a service, just be prepared for a long wait.

I mentioned the Covid issues in Europe because they may totally screw up your plans to travel to another country; at the moment there are cross-border travel bans between some EU countries.  They have done nothing to make me think they have a grip on this issue, in fact, the opposite is true.  My daughter is leaving the Netherlands in 4 days for this very reason.

Hope this helps.

Cynic
Expat Team

Oh gosh. Good luck to your daughter!!!

Thanks for ask the suggestions. And the links and the phone numbers - I'll call to ask the questions.

I understand that due to COVID my husband and I might as well need to rethink our plans for this summer. I just retain the hope that my daughter will have in-person experience for her first year at the college but for that the overall situation in Netherlands/Europe needs to improve...

Thanks again,


Lela

Hi,

I am just wondering... who will know whether you connect with your firm to work or not?

Greetings,

Julien

Julien_French wrote:

Hi,

I am just wondering... who will know whether you connect with your firm to work or not?

Greetings,

Julien


Nobody, until something untoward happens that involves the authorities.  They'll have no BSN which will straight away draw the attention of the IND.

As long as its your job in the U.S. you're doing nobody will care. IND is here to protect the Dutch labor market, which is something else if you are working remotely for your US job... really... you are safe... IND has better things to do

Hahahaaaa, I've been pondering the exact same thing since morning today. I totally agree, I think we will be fine for those 1.5-2 months we will be spending in Netherlands this summer if we even will be spending them there, COVID situation and all.

I think starting from 2022 more and more countries will update their regulations to allow citizens of other countries work from them. I'm hoping EU will also have some guidance about it sometimes.

To me as to warmth-lover staying in southern Europe seems more alluring than in colder north. As long as our US employers don't mind!

Thank you all!

The EU does cater for cross-border working, but only between member states; now, if you were an EU citizen, you could go and register on the Temporary Database, get your BSN, you would be covered by your home country Health Insurance and nobody would care, but as it stands, well you know my thoughts already.  One of the things about working for Expat.com is that I can't (and won't) advise you to break the laws of any country.