€23,107 in his account, the Netherlands deny him residence: court overturns decision

The Moroccan national was checked in the Netherlands on 4 April 2023 under legislation concerning the employment of foreign nationals. The authorities ordered him to return immediately to Spain, the country in which he holds European long-term resident status.

On 11 May 2023, he applied to settle in the Netherlands as an economically inactive long-term resident. His application was rejected in September 2023, followed by the rejection of his administrative appeal on 25 October 2024.

The administration considered that he did not have sufficiently stable and independent resources. Yet his bank statements showed a balance of €23,107.29 on 28 July 2024, slightly lower than the amount available when he submitted his application.

On Bladi.net : article 123158

In its own decision, the administration acknowledged that this sum would allow him to live for approximately thirteen months at the level of the Dutch social minimum. However, it suspected that several substantial deposits had been made shortly before the application solely to meet the financial requirements.

The authorities also noted the small number of ordinary expenses appearing on the statements. They questioned the origin of the funds, the existence of any loans and any taxes that might still be owed.

The €23,107 remained in the account

The Hague court, sitting in Rotterdam, did not accept this reasoning. The sum remained available in the account from the submission of the application until the contested decision and was still available during the court proceedings.

The judge inferred that the Moroccan national probably did not need this money to finance his daily expenses and therefore had other resources. Even if part of the sum came from loans, that was not sufficient to exclude it: European courts accept that funds loaned or provided by third parties may be taken into account.

On Bladi.net : article 122885

The court also criticized the administration for not having heard the applicant during the appeal proceedings. Since his statements and the deposits raised questions, it should have allowed him to provide explanations before confirming the refusal.

In its judgment of 4 August 2026, the court overturns the decision and orders the minister to rule again within six weeks. The residence permit is therefore not yet granted automatically. If the administration is considering a new refusal, it must first hear the Moroccan national.

The excessive length of the proceedings also entitles him to €1,000 in compensation. The minister must also cover €2,335 in legal costs and reimburse the €187 paid to bring the case before the court.