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Students studying in the Netherlands are entitled to study finance. Along with Dutch students, students from other EU countries are also eligible, provided they are working in the Netherlands. Unfortunately, to save costs, DUO is making it difficult for EU students to get the study finance. DUO misinforms students about the requirements by telling students that they are only eligible if they work at least 56 hours each month. This is contrary to European Union law. DUO also puts students through time-consuming proceedings by frequently asking for a lot of different documents and delaying the application process for EU students. Well-informed EU students have not been discouraged and have been winning numerous court cases against DUO the past few years.
- 27 March 2023
- Reading Time: 25 minutes
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The Right to Dutch Student Finance of EU Students Studying in the Netherlands
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Last updated: 27 March 2023
Introduction
In the Netherlands, we believe secondary education should be available to everyone who has the capacity to complete it, regardless of social background. Studying should not only be for the children of the rich, such is the overwhelming consensus here. Along with subsidized tuition fees, study finance is the primary driver of affordable studies in the Netherlands. Thanks to the European Union, Dutch study finance is also available for students from other EU countries.
This article delves into the system of Dutch student finance and the rights of EU students. If you are already sufficiently informed and wish to file an application or an objection we advise to use the table of contents to navigate to the end of this article.
History of Dutch Student Finance
In 1918, Europe lay in ruins, its infrastructure and population having been devastated by the First World War and the Spanish Flu. On a continent of people looking for a new way forward, free from the royal and authoritarian elites that had plunged them into the Great War, socialism swept the continent like a tide. Even though socialism took a decisive hold only in eastern Europe, the entire continent saw socialist uprisings. In the Netherlands, socialist influences led to the 48-hour work week, women’s suffrage and gift based student finance. Even though the system was changed from a gift-based system to a loan-based system five years after its introduction, the student finance was destined to stay.
The First Universal Student Finance
Whereas the First World War had left the Netherlands relatively unscathed, the country bore the full brunt of World War II. After the war the Netherlands faced the challenge of rebuilding the country. In this new era of industrialisation and high-end services, this required well-educated personnel. For this reason, the Dutch government introduced an extra grant for parents with children in higher education in 1953.
From 1986 onwards the recipient of this grant was to be the student, rather than the parents. This was meant to make the students more independent from their parents. The size of the grant was related to the income of the students’ parents. This was meant to help those students in particular whose parents could not support them financially in their studies, and who might otherwise not be able to afford higher education.
The Modern System
Because of an ever-growing number of students in higher education, plans were drafted to return to a loan-based system. These changes were implemented per September 2015. Instead of receiving a student grant, students can now take out a student loan from the government at near-zero interest rates. The part of the grant that was reserved for students with low-income parents remains a grant, which does not have to be paid back. Although support for this return to a loan-based system has significantly decreased over the past few years, no new legislation is currently in the making.
The Current System of Dutch Student Finance: What are Students Entitled to?
The current system of Dutch student finance has been laid down in the Dutch Student Finance Act of 2000 (Dutch: Wet studiefinanciering 2000). In the remainder of this article we will refer to this law by its short title: ‘Wsf 2000’.
According to the Wsf 2000, student finance consists of the following elements:
- Basislening (Basic loan);
- Aanvullende beurs (Supplementary grant);
- Collegegeldkrediet (Tuition fee loan);
- Studentenreisproduct (Student travel product).
The Basic Loan
The basic loan is the part that used to be a gift before 2015, and is currently a zero interest loan. Students can decide whether or not they would like to make use of the basic loan, this is optional. Students that choose to make use of the basic loan can set the amount of the loan that they wish to receive on a monthly basis, up to a maximum of € 494,39 per month. This basic loan has to be paid back after your right to study finance ends.
Repayment starts January 1st of the third year after your right to student finance ends.
Two examples:
- Jane has decided to stop studying in November 2019. In that year and in the following two years (2020 and 2021) she does not have to start repaying her loan yet. Her obligation to make repayments starts January 1st 2022.
- John completes his studies in July 2020. In that year and in the following two years (2021 and 2022) he does not have to start repaying his loan yet. His obligation to make repayments start January 1st 2023.
The Supplementary Grant
The Dutch government assumes that there are always three parties that contribute financially to the life and study expenses of a student. The student, his/her parents and the government. In some cases however, the parents have a low income and are therefore less able or unable to provide their studying child with financial support.
These students may benefit from the supplementary grant. This grant is a gift, provided the student completes his/her studies within 10 years from starting. Whether or not the student qualifies for this grant depends on the combined income of his/her parents.
The limits are based on Dutch standards. This roughly means that a combined yearly gross parental income of € 50.000 or less is considered a low income. Students whose parents together earn less than this amount qualify for the supplementary grant. Students from other European countries often benefit greatly from this, as the incomes in these countries are often lower than they are in the Netherlands, which means it is more likely their parents have an income below this threshold. The fact that the cost of living is also lower in these countries is not taken into account.
The amount of the grant depends on the exact income of the parents (the lower the income, the higher the grant). The grant is also higher for students with brothers and sisters. The following figures should give a rough indication:
Combined Parental Yearly Income Monthly Supplementary Grant
€ 50.000 € 50
€ 40.000 € 240
€ 30.000 € 400
The Tuition Fee Loan
The tuition fee loan is meant specifically for students to be able to cover their tuition fees. The loan always runs exactly to the full amount of the regulated tuition fee. This changes every year. The tuition fee for the 2019-2020 college year is € 2.083. For the 2020-2021 college year it’s € 2.143.
European students are always eligible for this regulated tuition fee. Non-European students often pay the ‘instellingscollegegeld’ (non-regulated tuition fee). These fees run from € 10.000 for the most common studies, to over € 20.000 for studies in medical fields. The tuition fee loan is never more than the regulated tuition fee for that year.
The Student Travel Product
The student travel product was introduced in 1991. This was met with significant resistance from students. Their grants were lowered to make room in the budget for the student travel product. Since many students lived with their parents and close to university, they were going to lose a part of their grant in return for a travel product they did not need.
In addition, it was common practice for students to hitchhike in these times. Universities often had specific locations set up for hitchhikers, somewhat akin to a bus stop. In 1996 there were suggestions to repeal the student travel card and go back to the old system. This again caused protests as now students did not want to go back to the old system anymore.
The current student travel product exists in two versions. The week subscription and the weekend subscription. The week subscription allows students to travel freely at any time, except in weekends (Saturday 4 AM – Monday 4 AM) and during the holidays. The weekend subscription is almost the reverse, allowing travel in the weekends (Friday noon – Monday 4 AM) and holidays.
The student travel product is available for all students, regardless of their parental income and grants free access to second class train, trams and subways, buses and some water transport.
Criteria for Eligibility for Student Finance
Students are eligible if they meet all of the following criteria.
- The nationality requirement;
- Is at least 18 years of age, but not yet 30 years of age.
- The student is a registered student at a Dutch institute for education.
We will discuss these requirements in reverse order.
Secondary Vocational Education (MBO) or Higher Education
Only students registered for studies in secondary vocational education (MBO) or higher education are eligible for student finance. Higher education are studies at an Universiteit (University) or a Hogeschool (University of Applied Sciences). Only students registered for a full time degree are eligible.
A list of the institutes of higher educations that qualify can be found by clicking here. There are other private institutions of higher education in the Netherlands. Students at some of these private institutions are eligible for student finance. If you are registered with one of these private institutions, you may consult with your university to see if you might be eligible.
The Age Requirement set at 18
Children below the age of 18 are not eligible to receive student finance. Their parents receive child support benefits which are meant to cover, among other things, expenses related to the child’s education. As soon as the child turns 18, he or she will be eligible for study finance, provided of course that they also meet the other requirements. The student finance will start the month after the month in which the child turned 18. This means turning 18 on October 3rd will make the student eligible for study finance from November onwards. Students who enroll in higher education are eligible right from the start of their education, even if they have not yet turned 18.
Eligibility for student finance ends when the student turns 30. If the student is already receiving student finance at that point and continues his/her studies without interruptions, the student will retain his/her right to study finance.
The Dutch National News (NOS) devoted an item on the student finance and interviewed our attorney Patrick Folsche.
The Nationality Requirement
In principle, only students with the Dutch nationality are eligible for Dutch study finance. It is a Dutch social service, paid for with the tax money of Dutch residents. However, under certain circumstances, foreign students can be entitled to equal treatment with Dutch students. When that is the case, these foreign students are equally entitled to Dutch study finance. The most important groups of foreign students that qualify are refugees and students from within the European Union.
Refugees who have been granted a residence permit are eligible for student finance on equal footing with Dutch students. Provided that they are enrolled with a qualified institution for education and meet the age requirement, they will receive the student finance just as Dutch students would.
Refugees who have not (yet) been granted a residence permit (asylum seekers) are allowed to enroll for education in the Netherlands, but generally do not qualify for study finance. There are several private initiatives, such as the Stichting voor Vluchteling-Studenten (The Foundation for Refugee-Students, click here to visit their website), that support refugees and asylum seekers who are looking to study in the Netherlands.
Information DUO Provides about the Nationality Criterion for EU Students
As the Dutch government agency in charge of study finance, you would think DUO is specialized in paying study finance. However, when it comes to EU students, DUO is specialized in not paying study finance. Here is how DUO makes life difficult for European students.
DUO provides the following information for EU students on its website:
You qualify for student finance if you meet 1 of the following requirements:
- You have been living in the Netherlands for 5 consecutive years or more.
- You have come to the Netherlands to work, for 56 hours a month or more.
- Your non-Dutch parent or partner has the nationality of an EU/EEA country or Switzerland and works, or has worked, in the Netherlands for at least 56 hours a month.
DUO asks students to provide them with the following proof:
Working in the Netherlands with a permanent, fixed-term (temporary) or stand-by contract
If you have an employment contract yourself:
- employment contract + most recent payslip and matching bank statement
- ID card
If your Non-Dutch parent has an employment contract:
- employment contract + most recent payslip and matching bank statement
- your ID card + your parent’s ID card
- your birth certificate
If your Non-Dutch partner has an employment contract:
- employment contract + most recent payslip and matching bank statement
- your ID card + your partner’s ID card
- your marriage or civil partnership certificate
Check hours worked
DUO checks regularly if you, your parent or partner worked for at least 56 hours a month.
Most European students in the Netherlands fall within the second category: they are employed in the Netherlands themselves. Because of their time-consuming studies, students mostly choose part-time jobs. Since most students do not have any previous degrees, they mostly work low-end jobs in retail or in catering and hospitality services. Unfortunately, with current labor market pressures, these contracts are increasingly uncertain. Many employers are offering only limited time contracts, with flexible working hours.
This makes it increasingly difficult for students to meet the 56-hour criterion set by DUO. DUO is keenly aware of this and actively pursues all European students after they have received student finance, for proof of meeting the 56 hour criterion every single month.
Any student reading this article will be relieved from this burden of the 56-hour criterion once and for all, as they will learn that legally speaking, it does not exist.
Why the 56 Hour Criterion is a Lie: Equal Treatment under European Law
European students who work in the Netherlands are entitled to equal treatment. This is not because DUO or the Dutch government is so nice and generous to European students. Quite the contrary: European students are entitled to equal treatment under European law and DUO is doing everything in its power to prevent European students from exercising this right.
The LSVB, the Dutch National Student Union, published a lengthy video item on this matter: interviewing our attorney Patrick Folsche and an EU-student facing difficulties with DUO.
Article 45 of the Treaty on the Functioning of The European Union: Equal Treatment for Workers
The European Union was originally a peace project, not an economic project. The Union was meant to make the countries of the Union more interconnected and more interdependent. The idea was that increased cooperation would foster greater mutual understanding, and increased economic ties would make countries more dependent upon one another. If your economy depends on trade with your neighbour, you are much less likely to go to war with that neighbour.
Economic integration was therefore a means to an end. The aim was to create a lasting peace on the continent. Economic integration was one of the tools used to realize it. Over the years, the economic integration has become very deep. Virtually all direct and indirect trade barriers have been removed. To understand the magnitude of this achievement one has only to look at trade barriers outside of the EU. In India, for example, tariffs on the import and export of goods exist between Indian states. The European Union is more economically integrated than India!
One element to the economic integration is the free movement of persons. Just as goods should be able to be imported and exported across borders without extra costs, so persons should be able to find employment in another country, without any disadvantages arising from the fact that they have a different nationality. Article 45 of the Treaty on the Functioning of the European Union specifies:
- Freedom of movement for workers shall be secured within the Union.
- Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
In short, this article guarantees that workers within the European Union will be treated equally, regardless of their nationality. This also means that all workers are entitled to the same benefits and social services, regardless of their nationality. So what does it take to qualify as a worker, and enjoy the protection of the treaty? The European Court of Justice has ruled many times that there are three criteria for this:
- The worker has to perform effective and genuine activities (that means: perform real work);
- Under the supervision of another (this means with an employer, so not self-employed);
- In exchange for remuneration (a salary).
The court has further clarified that:
- An on-call contract (oproepcontract) is also enough to qualify (link to judgment, see points 10 and 11);
- A part-time contract with a low salary is also enough to qualify (link to judgment, see points 15 and 16);
- A salary that is insufficient to pay for all of life’s expenses is still enough to qualify (link to judgment, see point 18);
- That there is no minimum amount of hours. A cleaning lady who worked 24 hours a month also qualified (link to judgment, see points 26 and 27)
From these judgments it is obvious that students who are employed in the Netherlands qualify for study finance, even if they have an on-call contract for a limited amount of time and do not make enough money to pay for all of life’s expenses.
Nevertheless, the biggest group of EU students that work in the Netherlands decide never to apply for the study finance at all. These students read the information provided by DUO and see that they have to work at least 56 hours per month. A lot of students cannot meet this requirement because of their part-time or irregular hour contracts and decide not to apply, because they believe that they do not work enough hours to be eligible for the study finance.
So if the European Court of Justice has ruled that there is no minimum hour requirement, where does the 56 hour criterion come from?
The Dutch Government and the 56 Hour Requirement
The Dutch minister of education has set rules for granting study finance to EU students (click here to read, Dutch only.). These rules are in conformity with EU law, but they contain one line that is ambiguous and unclear:
DUO gaat ervan uit dat iedere studerende die over de controleperiode 56 uur of meer gemiddeld per maand heeft gewerkt, zonder meer de status van migrerend werknemer heeft en daarmee terecht studiefinanciering heeft ontvangen over het gecontroleerde studiefinancieringstijdvak.
This line says that when determining whether and EU student is a worker or not, DUO will automatically assume that anyone who works at least 56 hours a month is a worker. The rules do not specify what happens when a student works less than 56 hours a month. It is standard DUO practice to reject the applications of students who work less than this threshold, but this is not correct.
The rules only say that someone who works at least 56 hours a month is automatically considered a worker. This means these students do not have to file further proof for the three criteria mentioned above (effective and genuine activities, under the supervision of another, in exchange for salary). Therefore, the rules only mean to say that when a student works less than 56 hours a month, that student must provide the necessary proof for these three criteria. It does not mean they do not qualify!
Why DUO is Misinforming EU Students
DUO is abusing this ambiguity in the rules to reject many applications unfairly. The reasons for this are purely financial. In 2019, 63.600 European students were studying in the Netherlands. The average study finance grant (including travel product) costs DUO roughly a € 1.080 per month, of which on average around € 400 is a gift. For European students on average a larger portion is a gift, because on average their parents have lower incomes so these students qualify for the supplementary grant more often.
Even when just counting the average gift component of the student finance (€ 400 a month consisting of a partial supplementary grant and the student travel product), the entire costs of student finance for EU students amount to roughly € 305 million euros every year. Needless to say, DUO has a big interest in keeping the costs low by rejecting as many of the applications as possible.
The policy works, because EU students rarely file a complaint or an appeal with DUO or with the court. International students believe what DUO tells them, and they have limited access to information on this topic that is not written in Dutch, let alone legal assistance.
Nour Khamis from Ad Valvas, the Independent Platform of the Vrije University Amsterdam, reached out to our attorney Gor Gabrelian to discuss why the Dutch government is misinforming EU-students.
Well-Informed EU Students Win Hundreds of Cases Every Year
Since 2014, we have been helping European students get the student finance that they are entitled to. Over the years we have won hundreds of cases for students from all over Europe. Don’t take our word for it. The Dutch courts have an online database in which they publish the most important judgments that are handed down. Several of the cases we won for students have been selected by the courts for publication, because of their significance for the developments in the field of law.
In 2015, the court in The Hague granted the study finance to one of our clients, who had worked an average of 44 hours each month, with one month as low as 20 hours. The court specifically ruled that not meeting the 56 hour requirement did not mean that she was not entitled to student finance, but only that she does not automatically qualify (paragraph 12). Click here to read the judgment.
In 2017 the court in the Hague granted study finance to one of our clients because she had earned an average of € 541 per month. The court ruled that this was so substantial that she qualified for the study finance, even though she did not meet the hour requirement. Click here to read the judgment.
In 2019 the Court of Appeals granted study finance to one of our clients, who was able to prove the work she had done based on documents she had written as part of her job. The court considered these documents written by her so substantial that it was proof of genuine and effective activities, so that she was granted the study finance for the months in which she had worked on these documents. Click here to read the judgment.
Oftentimes however, cases never end up with a judgment, because DUO grants the study finance after we file a complaint or an appeal. DUO knows it cannot win these cases in court, so DUO just grants the study finance after they see a complaint or appeal has been lodged. One example of this was published by the courts. In this particular case we had to take the appeal all the way to the Court of Appeals (the highest Dutch court in study finance cases). Once there, DUO decided to grant the study finance anyway. Therefore, the court did not have to make a material judgment, but DUO was nonetheless ordered to pay the costs of the proceedings and grant the student additional compensation. Click here to read the judgment.
Self-employed EU students and students with internships
Students with internship contracts get their DUO applications rejected more often than not. DUO demands that students submit a labor agreement, and do not accept internship agreements (stage-overeenkomsten). But there is no basis in European law for this strictness. The distinction between a labor agreement and an internship agreement only has consequences for Dutch (labor) law. For example, people with a labor agreement are protected by Dutch law from being fired for no reason. This protection does not exist for interns.
This distinction between labor agreements and internship agreements does not, however, exist in European law. Regardless of the title or name given to the agreement, whether or not the person involved is a worker under European law is determined through the same criteria we discussed before (effective activities, under the supervision of another, for monetary compensation). The Court of Justice has ruled there are no additional requirements for people following an internship. Therefore it is not relevant whether:
- the intern is motivated purely by financial reasons or whether it is his/her purpose to acquire or improve skills or follow vocational training.
- the tasks performed in the internship are productive or economically valuable for the internship provider;
- the internship is a mandatory part of the studies.
- the compensation the intern receives is at least minimum wage;
- the compensation the intern receives is funded through public grants.
The only internships that do not qualify are:
- unpaid internships, since they do not meet the criterion of receiving a compensation for the work performed;
- internships in which the student does not perform independent tasks, and instead only observes an employee for the purposes of learning by observing, since the intern in that case does not perform effective activities and;
- internships which are of such a short duration that the intern has insufficient time familiarize him-/herself with the tasks at hand. In this case the tasks performed are considered purely marginal and ancillary. The necessary duration to become familiar with the tasks will depend on the nature and complexity of the tasks, but as a rule of thumb internships that last only one month or less are at risk of falling within this exception.
We have successfully helped many students with internships claim their right to student finance. A few examples:
- In 2016 the Court in Amsterdam granted the student finance to a student who followed an internship for 24 hours a week, with a compensation of € 240 per month. You can read the judgment by clicking here.
- In 2021 the court in Amsterdam granted the student finance to a student who followed an internship for 40 hours a week, with a compensation of € 600 per month. You can read this judgment by clicking here.
- In 2021 the Court in Breda granted the student finance to a student who followed an internship for 40 hours a week, with a compensation of € 500 per month. You can read this judgment by clicking here.
Therefore, if you are working under an internship agreement, do not be discouraged! File an application for student finance. If your application is rejected, please read the final paragraphs on this article to see how we can help you out.
Students who are self-employed can also be eligible for study finance. The requirements are slightly different than for workers employed with a company.
- The student’s company must be registered with the Dutch chamber of commerce (Kamer van Koophandel);
- The student must be earning at least on average half of what the student would receive in social assistance, given the age of the student.
To prove the genuine nature of the self-employment, the student should be able to provide proof of work, an itinerary and financial records.
Giulia Fabrizi working with Ukrant.nl, the independent news medium for the University of Groningen, called with our attorney Patrick Folsche to discuss DUO’s policy.
EU Students with a Working Partner or Parent
Students who do not work in the Netherlands may still enjoy the protection of the Treaty. This is the case if their family member (excluding siblings) is working in the Netherlands. To enjoy the protection of their partner, students must be in a registered partnership or marriage, or be able to prove the long-lasting and durable nature of their partnership. To enjoy the protection of their parent, the student must be under 21 years of age. The family member in question must have the nationality of a member state of the European Union.
After a Student Loses his or her Job: Retention of Worker Status
When the employment of a student ends, the student is also no longer a worker. In that case, the student no longer enjoys the protection of art. 45 of the Treaty and is no longer entitled to study finance. However, under certain conditions it is possible for a student to retain his or her status as a worker.
The European Union directive 2004/38/EG determines that the status of worker can be retained, if the job is lost involuntarily (click here to read the directive, see article 7). This is the case when the student gets fired or a limited time contract does not get extended. The only condition that the student must comply with is that the student must register at the unemployment office (UWV) and start looking for new employment immediately. In that case, the student will retain the status of worker for at least 6 months. This should be sufficient time to find a new job and continue to enjoy study finance. It is therefore very important that European students who receives student finance, should they lose their job, they immediately register as a job seeker with the UWV. This can easily be done online and there are no costs or obligations for doing so.
Someone who is involuntarily unemployed and decides to follow vocational training to increase his or her job prospects may also retain the status of worker for the duration of the studies.
Brexit
Brexit has significant consequences for the relationship between the United Kingdom and the remaining member states of the European Union. When the citizens of the United Kingdom voted to leave the Union, they voted to end (among other things) the free movement of people. Whereas many voters perhaps had immigrants in mind when voting, the new restrictions also apply to British citizens when they leave the British Isles.
British students who came to the Netherlands after December 31st 2020 can no longer qualify for reduced tuition fees and student finance. Regardless of whether they are working in the Netherlands.
These students may still qualify if their parents were working in the Netherlands before that date, even if themselves arrived after that date. They may then still profit from their parents’ right to equal treatment, but this indirect status will end on the student’s 21st birthday.
British students who came to the Netherlands on or before December 31st 2020 will mostly continue to be treated as EU-nationals. This means they will continue to qualify for the reduced tuition fee. If they are economically active in the Netherlands, they will also (continue to) qualify for Dutch student finance. These students do lose their status if at any point they leave the European territory of the Netherlands for a continuous period of six months or more.
Filing an Application for Student Finance
An application for student finance can be filed online or by regular post. In order to apply online, you must have a citizen service number, in Dutch a ‘burgerservicenummer’ or ‘BSN’. You automatically receive one when you register with a Dutch municipality. You also need to create a DigiD-account. The following link can be used: https://duo.nl/particulier/footer-engels/service/log-in-to-mijn-duo.jsp.
If you prefer to file an application by regular post. You can use the forms found here: https://duo.nl/particulier/student-finance/apply.jsp. You can also download them here directly: 1) Application form for Higher Education (Hogeschool/University). Make sure you send the form by registered mail. When you drop the form off at a DUO-service desk, do ask for a delivery confirmation.
Make sure you add the following documents to your application:
- Your labor or internship contract;
- Payslips from your (internship) employer;
- Birth certificate;
- Income statement from your parents with regards to the previous two years (if you want to apply for the supplemental grant).
- In addition to this, the student is sometimes asked to fill out a ‘Verklaring EU-student’ (EU student statement). In this statement the student declares that he/she worked at least 56 hours per month in every month that they received the study finance. The declare this to be true and have to sign the document with an autograph. It is irrelevant whether you sign this statement or not.
An application can be filed with retroactive effect from the start of the academic year. That means an application will have effect from September 1st, even if the application is filed later in the academic year. However, applications cannot be filed for academic years that have already concluded.
We can assist you with filing an application. Just send us an e-mail if you need help.
The Decision on the Application
If an online application is filed. You´ll receive a notification in the online system, which can be accessed through DUO’s website. Take note that upon filing an online application, you will not receive a paper decision by regular mail. The notification in the online system is in Dutch, which may be confusing for an EU-student.
If an application is filed with the form, DUO has to notify the student on the decision by letter. The notification contains the decision on the application. Because the notification is produced by an automated system, the notification only shows the results of the decision, and not the decision itself. You therefore need to study the notification carefully, an application can also be granted in part.
A complaint against a rejection in part or in full has to be filed within 6 weeks after receiving it. Take note that the legal time limit of 6 weeks is a legal deadline. An appeal filed more than 6 weeks after the date listed on the decision will not be processed.
Facing a Revocation Decision, DUO Checks Afterwards Whether EU students met the 56 Hour Criterium
After the study finance has been paid out, DUO will approach the student for a check. DUO wants to know if the student who received the study finance, truly worked 56 hours each month. DUO asks the student to provide the labor contracts and pay slips as proof. These documents have to show that the student worked at least 56 hours per month.
DUO Website: Do you not have Dutch nationality? Then we will check whether you still meet the nationality requirements for receiving student finance. Are you a student from an EU-country? And do you receive student finance because of an employment contract? Then we check whether you (or your partner or parent) work(s) for at least 56 hours per month in The Netherlands.
In addition to this, the student has to fill out a ‘Verklaring EU-student’ (EU student statement). In this statement the student declares that he/she worked at least 56 hours per month in every month that they received the study finance. They declare this to be true and have to sign the document with an autograph.
A lot of students run into trouble with this. Because their contracts are only for a limited amount of time, they often have to find other jobs throughout the year. These gaps can sometimes mean that the student did not work 56 hours in the month or months that they were between jobs. Because students are also given flexible contracts (often on-call, zero-hour contracts) it can happen that some months they are not requested by their employer to work 56 hours or more, even if the student was willing to work that amount of hours.
When confronted with the DUO check, stick to the following rules:
- Provide your labor or internship contracts;
- Provide your payslips;
- Use e-mail to send the documents so that you have proof.
Do not send them by regular mail/post. In your e-mail tell DUO you have no further documents and ask them to take a decision based on the documents that you sent them.
When to Contact Us
- When you have filed an application but have not received a decision 8 weeks later;
- When you have received a rejection on your application;
- When you have received a decision that says you have to pay back study finance.
- When you have sent in your documents after a request from DUO to check your status, and 8 weeks have passed without a decision from DUO.
In all of these cases it is very important that you contact us as soon as possible. There is often a deadline of six weeks. If the deadline passes it is no longer possible to file a complaint.
Hiring an Attorney and Financing Proceedings
For filing a complaint with DUO and an appeal with the court it is not mandatory to hire a attorney. Students can go through these proceedings themselves for little to no charge. That is not to say that is a good idea. European law can be complex and DUO is a large well-financed machine specialized in this subject material (or, as one of our clients put it: specialized in crushing students’ hopes and dreams). That DUO is misinforming students does not mean they themselves are misinformed. DUO knows exactly how EU law works and they do what they can to prevent the student from utilizing EU law effectively.
Students are entitled to subsidized legal aid from the Dutch government. The personal contribution that students have to pay for legal services under this system is generally between € 150 and € 200. When the case is won, DUO has to pay a compensation for these legal fees. Because we are confident that we can win all cases (even if sometimes it means going all the way to the Court of Appeals), we do not invoice the students for the personal contribution and instead collect the compensation from DUO when the case is won. In practice this means that our services are free of charge for students.
Any Questions About the Dutch Student Finance?
Have any questions related to this article? Leave them in the comments below, use our contact form or send us an e-mail. We usually respond the next working day. Have you received a rejection from DUO? Then call us immediately. A complaint has to be filed within six weeks. Any complaint filed after that is inadmissible, the student will no longer be able to claim his or her right to student finance.
Patrick Folsche
Do you have questions about this topic? Don't hesitate to contact us.
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Avant Advocaten is the collective name of the independent companies of Mr. P.S. Folsche (CoC 74147501) and Mr. G. Gabrelian (CoC 71857052). An assignment is accepted by one of the aforementioned (legal) persons. Our firm does not have an escrow account.
Hello, I wanted to ask if you can represent me through the application process for a fee and if that is even legal in the Netherlands.
Hi Patrick, this is a brilliant article!
I am an EU national looking to study in Rotterdam September 2024. When should I apply for student finance? Can I submit an application before securing a job in NL?
[…] financially and whose parents are not able to support them financially either, find out more here. This points to education as a responsibility of parents and students themselves, which is limiting […]
Hi! Im an EU student and I have applied for student finance 6 weeks ago, still got no answer. I have already been receiving the student finance for about 2 years and I work way above 56 hours per month in average (on a 0-hour contract). I am very familiar with the proceedure and in the past school-years I have received an answer in around 4 weeks after applying. This time it is taking way too long and I have already spent over 200e only in transportantion. Because of that, I have spoken to other Dutch fellow students, and they told me that they have applied after me and received the finance about a week later after applying. I was wondering if that is considered discrimination based on nationality, for the EU law, for postphoning my application, while they have already accepted other people way earlier. Can I confront Duo based on that? I cannot afford going to university anymore because I have to pay the transportation on my own, even though I am entitled for all the benefits by paying for the taxes.
This is a great article! I recently applied for the student finance (travel product and basic grant). I have been living in the Netherlands for 5 years now alone, not working but studying in the uni. They gave me the travel product but not the basic grant by claiming that i have to be an employee to get it. Is this fair? And if not, what can i do?
Hello,
Thank you for the article , really helpfull.
I have applied and been approved for DUO Student Finance working as a Freelancer, my Sole Proprietorship being based in the Netherlands.
My question is: if I work 56 hours as a freelancer, can I also work as part time for an employer? Is there a maximum limit for hours a EU student can work monthly?
Thank you.
I’ve been living in the Netherlands for two years with a type I residence permit but I’m not European. I just got rejected for DUO. I can’t stop crying, there is no way I can afford living expenses and tuition fees, I’m completely hopeless of ever going back to school and finishing the studies I had to stop due to Covid in my deadly home country. I’m not even eligible for a travel card, nothing. If I had family in Europe that could provide for me, I would not need financial aid in the first place. It’s just so unfair.
Dear Isabella,
Unfortunately the student finance is a Dutch social benefit that by law is reserved for Dutch nationals. Through the law of the European Union, such rights extend equally to nationals of other countries of the EU, provided they meet the requirements. It does not similarly extend to people to people who hold the nationality of a non-EU country. This also applies to the reduced tuition fee.
The only way for a non-EU national to attain the student finance, besides attaining the nationality of an EU country, is to benefit from the EU status of a family member. The only other form of external financing, is through a scholarship. Unfortunately this falls outside the scope of our work.
Kind regards,
Patrick
Hello Patrick, thanks for this nice article! Is it possible to apply for the student finance, if I am already 2 years (of 4) into the course? Also, I have to do a 6 month compulsory internship, and was wondering if I am still eligible for the finance support, if I am planning to do it in Germany (while enrolled at the Dutch uni)? For the fourth years, I would be back.
If I can not apply for it during the internship, is it possible to re-apply for the student finance if there has been a break between the periods?
Thanks in advance and for your time!
Amanda
Forgot to mention: I am a EU student, enrolled in a full-time bachelor in NL. And working a side-job.
Also, does DUO asses each month separately? Or would it be possible to work ~110h per month for half a year and it rolls over to the remaining 6 month?
Dear Amanda,
It is possible to file an application at any time during your studies. Do note that the application only has limited retroactive effect, namely from the beginning of the ongoing college year (e.g. if you file an application today, July 21st, it will have retroactive effect starting September 1st 2022).
Whether you continue to qualify for the Dutch student finance during your internship in Germany is contested. It is possible that during this period of time you fall within the scope of the German social security system and not the Dutch one. DUO assesses on a yearly basis. Across these years, the number of hours worked is averaged. It is therefore possible to retain your right to student finance during several months of vacation. However, if you willingly completely stop working you will lose your status as a worker. It is therefore not possible, as you say, to purposely work 110 hours a month during the first six months of the year, and then stop working entirely.
Kind regards,
Partick Folsche
I am a full-time student from EU. I want to take a regular interest-bearing loan from DUO without the gift part. Would I still be eligible if I am unemployed?
Dear Marc,
If you are unemployed you are eligible for the tuition fee loan. It is still being contested in courts whether unemployed students are also eligible for the travel product, and a compensation to cover the costs of books and utilities. Unemployed students are not eligible for any other components of the student finance.
Please note, if you have become unemployed after having worked in the Netherlands for some time, you can extend your eligibility for the full student finance by registering as a job seeker with the UWV. This way, your status as a worker will be retained for some time. This even applies if you do not qualify for unemployment benefits (WW).
Kind regards,
Patrick
My parner is Canadian and we are married. DUO has rejected the application for student finance. I am a Dutch citizen and work more than 100hours a month. Would this make her eligible for the student finance?
Dear Timo,
Since she is not Dutch, and neither of you are utilising free movement rights derived from EU law, she is not eligible for Dutch student finance.
If she adopted Dutch nationality, she would then be eligible for the student finance without further requirements.
Kind regards,
Patrick
Regarding online/at-distance work, I currently work for an organisation in Switzerland but will be studying in the Netherlands and will complete both at the same time. I work for more than 56 hours a month, and am renumerated (not a formal contract), would I qualify, or am I quite the headache?
Dear Eoin,
Your situation has quite a number of hurdles: having no formal contract, doing distance work(?), and working for an organisation outside of the EU.
If you send us an e-mail with your documents we will try and see if there’s anything we can do.
Kind regards,
Patrick
Hello, I applied for a student finance and student travel product in December 2022, and recently I received an answer that my application was rejected. The reason was “You do not meet the conditions. You do not meet the nationality requirement.” (Google translation from dutch). I have two questions:
What does that mean, since I’m from a EU country?What do they mean “conditions” that I do not meet?
Kind regards, Marius
Dear Marius,
This is a very common question, sparked by very unclear language on DUO’s part.
The nationality requirement is the requirement in the law that to be eligibile for student finance you must be either:
1) Dutch; or
2) Equal to Dutch through international law.
Thus, the nationality requirement is not only about your nationality!
EU students working in the Netherlands fulfil condition (2), but EU students not working in the Netherlands do not.
The message you received possibly means that DUO considers you do not fulfil the EU law requirements of art. 45 TFEU. But because of the unclear wording, I would need to see all your documents to say for certain.
Feel free to send us an e-mail so we can take a look at your case.
Kind regards,
Patrick
Hello,
Few weeks ago I applied for the DUO gift and I got approved until the end of August 2023 without working at least 56 hours per month, or earning 550 EUR, (I have two contracts – one part-tike and one on-call). I called DUO two times to ask whether I have to supply them with pay slips every month from now on until August and they said that I do not have to. But I was wondering, since I just started doing my thesis and I will most probably be able to work even less, if there is a chance that at some point I work very little, but still receive the gift, that they ask me to return the gift or pay any kind of fine?
Thank you very much in advance! I appreciate your help!
Regards,
Gergana
Hello,
Thank you for publishing this article! I applied only for the student travel product end of December ’22 (do not have any other grants or loans) and DUO offered it to me from January til June 2023. I only activated the product in February, so did not use it at all in January. Does this mean that DUO will not look at my work hours in January ?
Furthermore, I once called DUO customer service two years ago and they told me that they add up all your work hours of all 6 months (so jan-june or july-dec) and divide it by 6 to get your average work hours. In other words, if you work 20 hours one month but 92 in another one, that is no issue (this happened with me and DUO did not fine me). I was wondering if you know anything about this or was I just lucky?
Finally, I am working in hospitality with a flexible contract, but I am applying to be a teaching assistant at my university, where I would be paid hourly. This means that I would have two sources of income, can I combine the hours of both workplaces? How can I let DUO know that I have two jobs?
Thank you so much in advance! I am very grateful for the work you do.
Kind regards,
Lilla
Dear Lilla,
DUO checks the average hours across a calendar year. This way, your hours worked in January are still relevant, as will be the hours you’ll work in the rest of this year. This is how it works, regardless of which months you requested or received the student finance.
You can indeed add up the hours worked in different jobs.
Kind regards,
Patrick
Hello, if I have a Dutch partner (We’ve been together for 4 years and lived together in the Netherlands for 2 and a half) but I have an EU nationality and not a Dutch one, am I eligible for a DUO loan on account of my girlfriend working? and if so, how long does she have to work for?
The law only mentions non-Dutch partners but nothing about Dutch ones.
Hi Ron,
Unfortunately there is no similar provision for partners of Dutch citizens.
That said, if you hold EU nationality and work in the Netherlands you will of course qualify for the student finance directly, without needing to rely on your partner for this.
Kind regards,
Patrick
Does the Dutch student financing pertain to online students studying in the Netherlands as well?
Dear John,
To qualify you must be registered as a full time student with one of the educational institutions listed here: https://wetten.overheid.nl/BWBR0005682/2023-01-01/#Bijlage
Kind regards,
Patrick
Hello,
I had been working for the past months for 56 hours a month but on the month of May I worked only 20 hours. I received the grant from Duo 2 times which means I was paid 419+419 euros for the month of May. I am afraid that I will get a fine for not working 56 hours. What should I do ? Contact them or I should not do anything ? I really do not want to be fined .
Kind regards,
Kristian
Hello,
I am wondering if it is possible to apply for financing more then once? For example I am lucky and work mentioned 56h per month for whole academic year but I have to quit and visit my country during vacation. Can I apply for the second time for financing after I get new yob in new academic year?
Regards,
Agnieszka
Hello,
If you are self-employed, apart from itinerary and financial records, do you need to provide DUO with the monthly VAT payments? Precisely, is it enough to have your sole proprietorship registered in The Netherlands or do you need to pay BTW and show them proof of it? Do you need to have Dutch collaborators/clients?
You also mentioned proof of work – what does that entail?
Regards,
Alexandru
Dear Alexandru,
It’s possible DUO will request your VAT submissions. These are usually submitted quarterly, not monthly.
If your business is registered here, you will at least have to file VAT, even if you have nothing to declare. It is not necessary to have Dutch based clients, but if all of your clients are located abroad, you may need some other type of proof that your business is genuinely based in the Netherlands (depending on the type of activity).
Proof of work can be anything. Since businesses are so diverse it’s impossible for me to generalize.
Kind regards,
Patrick
Hi!
Regarding Alexandru’s query, could you please tell me whether DUO would consider my Dutch company genuine if the company’s activities would mainly consist of teaching people from my country (Poland) English, of course online? I would conclude an agreement with a language school based in Poland and teach their students; they would then be issuing an invoice for me every month. Would it suffice?
Best regards,
Filip
Hi there,
I have a question in regards to the proof of my parent’s income, some messages say that the Dutch government will send out emails and invoices to my parents and their institutions, however, other sources mention that I have to provide the declaration of income myself.
So, do I just provide my birth certificate which states my legal parents, or do I also have to provide documents about their income? In addition, the income has to be from the previous two years, now – from 2020 and 2021?
Regards,
Kristers
Dear Kristers,
I recommend you submit to DUO your birth certificate and income tax statements for both of your parents for 2020 and 2021.
I suppose you could submit only your birth certificate and wait for DUO to send a request to your parents for submitting the tax statements, but you would only be waiting longer for DUO’s decision (and any student finance).
Kind regards,
Patrick
Thank you very much for your reply.
Unfortunately, I had already uploaded various documents such as my contract, payslips and hours.
And on the DUO website, I can’t seem to find where to upload more of that evidence so I assume I could have only done it once, without adding other evidence later such as my parent’s income statements.
Regards,
Kristers
Dear Kristers,
It is possible to submit documents to DUO at anytime. You can send these in by e-mail to documenten[a]duo.nl (replace [a] with @).
Make sure to explain in your e-mail that these documents belong to your application (list your full name and BSN number) and also for what purpose you are sending these documents.
Kind regards,
Patrick
Hello, first of all thank you for this article, it has proved extremely useful. I have two questions:
1. Regarding the 50% social security norm minimum that has been mentioned in the previous comments. If I am under 21 and earn over that minimum but I do not work more than 56 hours a month, will I still get automatically approved without any problems?
2. Does DUO always reject applications where you do not provide three payslips but only one? Is it possible to be accepted after having worked only one month?
Thanks in advance,
Alex
Dear Alex,
1. As long as you make more than half of the social security amount applicable to you, you qualify for the student finance.
Whether this also means that DUO will approve your application I can’t say. From the comments on this page it should be clear by now that DUO makes many mistakes.
2. No. DUO’s decisions are erratic, so it may still get approved straight away, but don’t get your hopes up.
Kind regards,
Patrick
Hi,
I am doing a 32hours/week internship next to my master studies through an internship agreement compensated with 560EUR on a monthly basis. After waiting long for DUO’s response, my application was rejected, as I am, as an intern, no eligible for the supplementary grant. I am enrolled in university till 31/08/2022 and having an internship contract till that date as well. I am a EU citizen.
Based on your article, I wonder if I am indeed eligible for the grant.
Thanks,
Lili
Dear Lili,
I think DUO was wrong to reject your application. Please send me an e-mail with the decision you received from DUO and the underlying documents, such as your internship agreement and pay slips.
Do note that any complaint has to be filed within six weeks from the date of the decision.
Kind regards,
Patrick
Dear Patrick,
Thank you for the quick reply, I sent you the email!
Hi, I am an EU citizen and I plan to study in the Netherlands next year. Looking at the DUO page I have 2 questions which you may be able to help with:
Thank you
Dear Pedro,
The requirements have not changed. The only change is that DUO is now communicating them more openly.
1. Please see my answer to the previous comment for the details of the earnings threshold.
2. No, you must be working for a Dutch employer. If you’re working for a foreign employer, it may be worthwhile to check if this qualifies you for the student finance in the country where your employer is established.
Kind regards,
Patrick
Thank you Patricl, much apreciated!
Hello,
I read on the DUO page that students under 21 do not have to work 56 hours, but rather earn more than 148e, the social security norm. Is this true? Can I work just 20-25 hours to earn more than this amount to be eligible for the supplementary grant? Thank you
Dear Lubor,
This is correct. To be absolutely certain that you will receive the student finance you must make sure that you earn this amount every single month.
DUO does not work with averages or with vacation days when it comes to earnings, as they do with hours.
Also take into account that the day you turn 21 the higher threshold will apply. This will take effect the month after your birthday (e.g. birthday on April 12th, new threshold applies starting May), unless your birthday is the first day of the month in which case it will be effective immediately (e.g. birthday June 1st, new threshold applies starting that June).
Kind regards,
Patrick
Hello, I was offered a part-time internship for 20 hours per week, 225 gross monthly salary, 4-5 months duration, outside the scopes of my university program. Provided that I’m only missing the 56 hours of work per month, do you think this internship would make me eligible for the supplementary grant? What are the chances? Thanks in advance!
Dear Sotirios,
In principle, it is also possible to qualify through an internship agreement. Just as with regular labor agreements, your situation must be assessed as a whole.
In this particular case, your hours are substantial, but your salary is so low that this will be an edge case. You can significantly improve your chances of getting the student finance if after the internship you take up a regular job for a higher salary than this. Ultimately the calendar year 2022 can be assessed as a whole, so that you can compensate the low salary of your internship with a higher income later in the calendar year.
Kind regards,
Patrick
Something I didn’t mention is that I have been also already working as a Student Assistant in my university for about 10-15 hours a month (this fluctuates though, sometimes I might work around 10 hours a month, sometimes I might work 20 hours a month, etc.) getting a monthly average salary of around 200 Euros more. This alone of course does not qualify for the student finance. Do you think that the internship in addition to my student assistant job would get my chances higher?
Also, what would be a good minimum internship salary to be able to win the case? Maybe I can negotiate about it with the company.
The combination will increase your chances because, as I wrote, the assessment is of your situation as a whole, and not any single circumstance. For this same reason, there is no minimum amount of salary that will guarantee you qualify for the student finance. That said, if your income is more than half of what someone your age would receive in social benefits, you have a good chance of qualifying. The relevant sums for social benefits for 2022 can be found by clicking here.
Hello ,
Thank you for the great article.
I am a non-EU master’s student and my wife is Italian. She is working over the required hours.
Even when married, do I still need to provide my parents income info for the supplementary grant?
Yes you will still need to provide DUO with information about your parents’ income. DUO needs this to determine how high your supplementary grant should be. The lower your parents’ income, the higher the supplementary grant.
Kind regards,
Patrick
Hello,
If I am self-employed (but paying taxes in another EU country and working online) and also working min. 56 hours in the Netherlands, but literally have no time left for school work. (Still earning only max. 9000 euros/year and also recieving housing and healthcare allowance.)
Can I ask them (DUO) to lower the min. 56 hour criteria for me?
I am horribly exhausted, literally not sleeping…
(I have an EU nationality and doing my masters degree in the Netherlands.)
Thank u for ur help in advance!
It is not possible to request DUO to make an exception for you beforehand.
What you can do is work as many hours as is reasonably possible for you, even if it is less than 56. If DUO then rejects your application for student finance, contact us and we will help you file a complaint.
Eventhough there is no set limit, if you manage to work at least 32 hours per month on average, you should safely qualify for the student finance.
You may also qualify through self-employment, but only if the self-employment is centered in the Netherlands. If you are performing your work for clients in another country and are paying taxes only in that country, this may help you qualify for social benefits in that country, but not in the Netherlands.
Hello,
I am an EU studnet, studying in a HBO university and working more than 56hrs/month. My application for the supplementary grant was rejected November, last year. Only recently I found this article and realized that I could file a complaint, however it is quite later than six weeks. Does this mean, I am completely unable to get the finance?
Dear Julius,
The Dutch system is a complaints based system. Whenever the government sends you a decision that you think is incorrect, it’s up to you to file a complaint. You have six weeks to do this.
After the six weeks pass, it is no longer possible to file a complaint and therefore no longer possible to reverse the decision. This is why we stress how important it is for students who receive rejections from DUO to contact us as soon as possible.
For students like yourself, who found our article too late, we can unfortunately not file a complaint against that particular decision anymore. Usually however, the decision only concerns a set period of time (for example, up until august 2022), which means the student may still secure the student finance for the period of time after that date (in the example, after august 2022). In rare cases we can find a loophole, especially where it concerns decisions that encompass a large period of time (for example if you were to receive a decision today, Feb 9th 2022, that concerns the entire calendar year 2022). Feel free to send the decision you received to us by e-mail to see if there is anything we can do.
Kind regards,
Patrick
Hi,
I filed an application for the supplementary grant. I just filled in my personal information and of my parents but I did not have to upload anything yet. Do I just wait for them to respond to let me know what I should upload? If so how long does this take?
Thank you,
Kyra
Dear Kyra,
It’s not clear from your question if you are filing a new application, or want to extend an existing application to also include the supplementary grant.
If it’s only an extension of an ongoing application, you can send the income data for your parents by email to documenten@duo.nl
If it is a new application you should wait for a letter from DUO that specifies which documents they need from you.
Kind regards,
Patrick
Hello,
Thank you very much for the article.
My partner and I studied under the 56 hours condition.
If this is agains European Law, is there the possibility to be compensated for the discrimination, the burnouts, and the exhaustion? A collective lawsuit?
Will it ever be straightened out for us?
Thank you
All the best
María
Dear María,
You are not the first to ask this question, since a lot of students feel they were misinformed by DUO and therefore worked many more hours than was necessary to receive the student finance.
Whereas studies nowadays are already very time-consuming, and working this many hours is not easy.
To claim a compensation, you would have to sue DUO for it in civil court. You would have to prove both that DUO misinformed you, and that you have damages because of this.
We are currently not working on any case of this nature. If you are interested in pursuing this, the first step would be to gather as many students as possible who suffered from this system in one way or another.
For a collective proceeding, you need a collective with a similar claim first.
Kind regards,
Patrick
Hi Maria,
I too had a similar experience, where I had a burnout in early 2020. Then last year DUO rejected my study finance application because my full-time internship didn’t qualify.
Hello,
I have been studying in the Netherlands since September 2021.
I am currently still in the process of receiving my supplementary grant.
I have been working a minimum of 56 hours per month since October 2021, and have sent over all supporting documents etc. and hope to hear something in the coming weeks.
However, after submitting my parents income details into the ‘supplementary grant calculator’ (curious as to what my result may be) it appears that I will receive 0 euros per month as my parents income is too high.
I have been living in the Netherlands and renting an apartment with my girlfriend since October 2020 while borrowing no money from family and also funding the study myself.
Now having less of an income due to the study (and still needing to afford the same things, if not more now due to my study), it would be an unfortunate result if I were not eligible for finance due to my parents income, which has no beneficial effect on my life or my own income.
Do you think DUO will take this into consideration? Or, is there a way around it/is it worth appealing if the outcome is negative with regards to no supplementary grant?
Many thanks in advance.
Dear Liam,
The Dutch government assumes that three parties contribute to financing student life. The student, their parents, and the government.
If parents are unable to support because of lack of resources, the government will fill the gap by providing extra support through the supplementary grant.
If parents have enough resources, but don’t contribute to your studies, discuss this with them.
It’s not possible to ask the government for more money, because your parents are unwilling to provide it.
Kind regards,
Patrick
Hello, I am a student hoping to study this year in the Netherlands and I have a question. I intend to apply for both the student finance, specifically supplementary grant, and a rent benefit, the thing is, if for any reason I do not get one of those two, im not gonna be able to afford living expenses there, therefore I’m wondering, if I am given a grant how can I cancel it?
Dear Ang,
You can cancel it at anytime by notifying the authorities in charge of managing the grant.
If you received any grant you were not entitled to prior to canceling, you will have to repay it.
Kind regards,
Patrick
Hello, I am a EU student in an university in the Netherlands. I previously received the Student travel product and a loan, as I was working part-time a minimum of 56 hours a month. Now, I have started my compulsory paid graduation internship (full-time) so I had to stop my part-time job. I was wondering if I can still receive the Student finance?
Thank you in advance!
Best regards, Ana
Dear Ana,
With a full time, paid internships you will qualify for the student finance.
Recent court judgments have confirmed this, but also stress the need for underlying documents to prove the nature of your internship.
Make sure you file an application in time. If you receive a rejection, contact us as soon as possible, since there is a 6 week deadline for filing a complaint.
Kind regards,
Patrick
Hello, I have been living with my partner for 3 year in NL, we are both students and I started working more then 56 hours a week. Is entering a partnership a fast and reliable way to both beneficiate from the duo loan?
Dear Fladian,
Indeed, if you are married or have a registered partnership you can secure the status of worker if your partner is considered a worker and vice versa. However, we believe that other, more intrinsic reasons, should bring you to the decision to marry or enter into a registered partnership.
Best,
Gor Gabrelian
Hello,
Thank you for this very informative article and your fight for the rights of international students!
You covered internships, but I am a research assistant at a Dutch university. I do get paid and everything(just don’t have the 56 hours), but my contract says that I must be a student to have the job. As I couldn’t have the job without studying in the Netherlands, would I still count as a worker?
Dear Philipp,
We are happy to help. We’ve been able to secure student finance for European students who are working as student assistants in the past, which is also a job that can only be fulfilled by those registered as students at the university. It would take some arguing from our side to convince the court your situation should be treated similarly, but I think it can be done. Reach out to us timely if you receive any DUO rejection.
Kind regards,
Patrick
Hello.
Firstly, thank you very much for the article, it helped me a lot!
I would like to know if as a freelancer (registered with KVK, I also have a BTW-id) I am required to pay Dutch BTW tax. I provide software related services to a UK company, so I don’t have to charge BTW to Non-Eu countries and I want to know if I am eligible for student finance. I am working more than 56 hours per month and I have invoices and bank statements as proof.
Thank you very much!
Kind regards,
Dan
Dear Dan,
Thanks for letting us know the article was helpful, this is always good to hear. Whether or not your services are subject to VAT is best answered by a tax lawyer. Where it concerns Dutch student finance for European international students working as freelancers, it is irrelevant whether VAT is being charged or not.
I consider not signing the EU-student form, as I may not be able to work exactly 56h each month. However, I don’t have much savings and I cannot afford a lengthy court processing spanning over several months in case they reject my application. In your experience, how long does it usually take to overrule the rejection from DUO?
Dear Dawid,
Unfortunately the duration of proceedings is one of the elements that deters students from pursuing their case against DUO. Most cases are cleared after filing a complaint, which takes around 3 months total.
If we have to take the case to court the proceedings may take up to a year. In exceptional cases, where we have to take the case to an appellate court, the proceedings may take up to three years total.
But after that complaint, would it happen again when you apply for the next months until the end of your studies or they will finally flag your account approving your hours?
We are not quite sure, however, from what we understand this might indeed be the case.
Hi,
I have a mandatory study abroad period (Czech Republic) within my degree from Utrecht University. Is it still possible to claim student finance during this period abroad? It is the first year of my degree but I have claimed student finance for my previous masters and not officially graduated.
Kind regards,
Owen
Dear Owen,
The student finance can be secured by retaining the status of worker. A mandatory study abroad period is a valid circumstance, however, you can only retain the status. This means that you need to be worker prior to the start of the mandatory study abroad period.
Best,
Gor Gabrelian
Dear Owen,
We have cases pending about this at Dutch courts. European law has provisions that allow a student to retain the right to student finance if they become involuntarily unemployed, or if they quit their job to start a study in the field they were previously working in. It is not yet clear whether someone who has to quit his job because it is no longer possible to combine it with his studies may also fall within these exemptions. If this happens to you, give us a call and we will try to help you out.
First, genuinely thank you for this article, it has single handedly been more helpful than anything else (from university housing to the municipalities) since I’ve arrived here.
I do have a question about my specific circumstances: I am studying in Leiden, but the closest room i could find (even after serching for 8months) is in Rotterdam. Now I’ve been rejected for the travel product, and if i cannot solve this i will have no other option than to drop out and move home to Denmark as travel costs would be 22 euros per schoolday, and I simply cannot afford this. Regarding the the working requirement, does it have to be a dutch company? Because i already work in Social Media Management and Marketing for a danish company, and I cannot juggle an extra job on top of this one and full time studying. My weekly hours vary, but usually it will be between 6-12 hours per week.
Thank you in advance:)
Dear Terra,
Thank you for reaching out. Indeed, you are not required to work for a Dutch employer. However, you need to paying taxes in the Netherlands and there has to be a cross border element in play. A Danish company therefore does not suffice, since you are Danish and your employer has its seat in Denmark. The amount of hours you mentioned should be sufficient to secure the Dutch student finance. Give us a ring if you have any other questions.
Best,
Gor Gabrelian
Dear Gor,
I am a first year student at UvA of German nationality, and since 01/10 I have a contract with a Polish company for not less than 60 hours.
I have not yet applied to DUO, as I asked some clarifications on the requirements and mentioned my employment with the Polish company.
In the answer I received back, they claimed that I would only qualify for student finance if employed by a Dutch company.
Can I refer to any court cases/statutes to counter that information and still apply for student finance?
Thanks in advance for your swift feedback
Best Regards
Marcus
Thank you so much for this article! So as I have read on the DUO website, in order to recieve student finance from your partner, they have to be non-Dutch and also from the EU. My partner is Dutch so from my understanding I cannot receive student finance despite him working fulltime. I was wondering if there was any way of being eligible for student finance, otherwise I will find some kind of work. Many thanks.
Dear Hannah,
I’m afraid you won’t be able to qualify for Dutch student finance through your Dutch partner. Only people who make use of European free movement provisions qualify. They may then extend this qualification to their partner, provided they are married or in a registered partnership. Since your partner is not exercising European free movement rights, he has no such right to extend to you.
Greetings and thank you for all this effort and valuable information you are providing to expats.
I am an EU citizen, doing a master’s at a Dutch University and I started my internship on July 15. I submitted the form on Duo about receiving the supplementary grant as a working student and I contacted Duo to ask the exact documents they need me to send them. It is a paid internship with a duration of 6 months.
I was informed on the phone that interns do not have the right to this grant, since they are not considered workers. According to your article, interns are entitled to receive the financing and Duo is just making it as hard as possible.
I also noticed on my Internship agreement a clause that says: “This Internship Agreement is not an employment agreement within the meaning of Article 7:610 Dutch Civil Code”
Should I still proceed with sending the documents?
Also, you mentioned we should not sign or send the Verklaring EU-student. Why is that? In their message, they told me that no student grant will be awarded without this signed form.
Thank you so much for taking the time to read my message and I hope to hear from you soon to get some answers.
Dear Chris,
Go ahead with the application and make sure you file it before the end of this month! Interns DO qualify! The clause on your internship agreement is about the qualification in Dutch law. However, the qualification in European law follows different rules. Even if your internship is not considered an employment contract in Dutch law, it can still be qualified as such under EU law.
We recommend not signing the statement. With it, you commit to working 56 hours each month. If at some point you fail to do so, DUO will try to use the statement against you. But if DUO simply does not accept your application without it, you may sign it.
I am facing the exact same scenario as Chris, however i am a UK citizen so i am unsure whether the same EU law definitions apply?
thanks,
Dear Felix,
As the UK is no longer part of the European Union, EU rules on free movement no longer apply to UK nationals.
This means UK nationals can no longer qualify for Dutch student finance.
However, UK nationals who were already residing and working in the Netherlands on January 1st 2021, and who have continued to do so without interruption, have retained their status. They may continue to receive the student finance.
I have yet to start my education in the Netherlands – will be a 1st year at UvA this coming educational year.
I was wondering whether I would also comply with the labor requiremets if I would have a contract for online/remote support/work with a legal entity not residing in the Netherlands, but still within the EU.
Thanks
Marcus
I just noticed that the subject has been brought up and answered on before…
Would the contract have to be a labor contract, or would any contract that generates an income for me work (f.e. contract drafted as consultancy – as that would be fully tax deductable for the company I’d be working for and would avoid more complicated administration)?
Dear Marcus,
You may also qualify as a self-employed person, but in this case you would have to show proof of the fact that you are running a genuine business (registration with the chamber of commerce, a business plan, VAT tax submissions, etc.)
So if it would be a genuine labor contract, I would be able to avoid self-employment and the hassle that comes along with it.
But it could indeed be a foreign legal entity (as it seems that DUO insists that it is to be a Dutch employer).
Best
Marcus
Dear Marcus,
Students are eligible if they reside in the Netherlands as part of their exercise of an economic freedom. This is a complicated way of saying there have to be economic reasons for your stay here.
If your Polish employer demands that you fulfill your tasks from the Netherlands then this would be the case. If however you choose voluntarily to do this work from the Netherlands, your work has an insufficient link with the Dutch economy to qualify you for social benefits. You may however qualify for Polish benefits / student finance.
Hello,
I applied for student financing in January and my application was approved therefore I haven’t had any issues so far.
What worries me is the fact that I signed the “Verklaring EU-student” that states that DUO can stop my financing if I work less than 56h/month. Later on I learnt that signing it was not mandatory. My question is: if it happens that I work less than 56h/month in future and DUO stops my student finance, would I be able to get help from you having that I signed the “Verklaring EU-student” declaration.
DUO will try to use the statement against you as soon as your hours fall below the promised 56 hours.
Of course, we will still do our best to help you out and we have been succesful in the past. In short: we do not recommend signing the statement, but it is not something that will definitively ruin your chances of getting the student finance when you work fewer than 56 hours. Reach out to us if you receive a rejection!
Hello!
The article states that in order to submit an application, the applicant needs to present the income statement of their parents of the last 2 years. If the applicant has only gotten the income statement of their parent of the last year (only 1 year, not 2), would it be a problem?
Thank you in advance!
Dear Bogdan,
You can file a request with the tax authorities in the country where your parents live to obtain these records, so that you can submit them.
If you do not submit them DUO will not be able to grant you a supplementary grant, since it does not have the necessary information to determine if you are eligible for it. It should not have consequences for the other elements of the student finance.
Hi Patrick!
Do you think that income statement should be translated in Dutch.
Thanks!
The income statement has to be translated, unless the original is in English, French or German.
For any other languages, we suggest making your own translation. You can always submit a certified one later if DUO asks for one.
Hi! I have a quick question, can I get studiefinancing if I become an RNI? I found a room in Belgium close to Maastricht and I’m unsure if I only need a BSN or I need a Dutch address too
Dear Alannah,
It should be possible to qualify for the student finance as an RNI, as long as you meet the other criteria (nationality, age, and degree programme).
Hi, thank you so much for such an informative article! Really big help and relieved a lot of stress.
One question that I hope you’d be able to answer is; I’m an EU students and currently live with my mother who earns less than 20k a year. She is divorced from my father who earns around 30k-40k a year. Someone had asked a similar question and the answer was that they should prove they have not been in contact with said parent since before the age of 12. However, my parents divorced when I was 16/17 and I have not received any financial help from my father even though I see them. How do I go about this situation?.
If the answer is that I need to declare his income also, what do I do if he refuses to provide me with documents to prove it?.
Thank you!
Dear Aicha,
This is a complicated situation that many students face. Unfortunately it cannot be resolved through the student finance system. If your father is not contributing his fair share, you can pursue legal means against him to force him to do so. This includes him providing necessary income statements. If you are still in contact with him, you do not qualify for the exception.
Kind regards,
Patrick
[…] Dutch system. For instance, at least EU students are almost always entitled to a Dutch student loan despite the overall perception that they must work 56 hours per month in […]
Hello,
I am little confused regarding the 50k EUR parents income limit. From what I understand I can not receive the supplementary grant. But can I apply for a regular loan?
Thank you
Dear Yannis,
The different components of the student finance are seperate. You still qualify for the loan even if your parents make too much money for you to qualify for the supplementary grant.
Hi! Thank you so much for the article, it’s very informative!! I would like to ask, however, how I can prove my situation to DUO. I am Spanish, my mom died a long time ago, and my dad has lived (and worked, of course) in Chile his whole life.His yearly income is not more than 15.000 euro (he doesn’t get paid every month).
In terms of my parents income, how should I procceed to prove to DUO that my mother has died and that my dad cannot help much? Should I translate and legalize his yearly income from the last two years? Or just an original statement in Spanish would be enough?
*I do work more than 56 hours a month as a delivery man
Dear Arturo,
You will have to submit documents from the Chilean tax authorities with regards to your father’s income. Since those documents are in Spanish, you will have to provide a translation to DUO. You can submit your own translation as long as the translation is to Dutch or English.
Hello! How can I prove the long-lasting and durable nature of my partnership? I contacted Duo and they informed me only marriage or registered partnership is possible. Additionally, they explicitly told me a contract of cohabitation won’t work. I am living in the Netherlands through a family reunification visa (my boyfriend is german), although we proved our relationship to the IND how can we prove it to DUO?
Dear Marcela,
Within EU law a narrow definition of family members is used on this topic. “Family member” means the spouse (1), the partner with whom the EU citizen has contracted a registered partnership (2),
the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner (3) and the dependent direct relatives in the ascending line and those of the spouse or partner (4). Feel free to give us a call if you have any other questions.
Best,
Gor Gabrelian