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Last year I have received Dutch 5-year MVV visa, came to the Netherlands and received my residence permit valid till year 2021. However, recently I checked my original country's passport and noticed that the until date is stated to be October, 2016 (whereas my Dutch residence permit is valid until August, 2021). I have 2 questions:

  1. Does it mean that I am living illegally in the Netherlands?

  2. If I leave EU, does it mean that I will not be able to come back, given that I do not have any other Schengen visas?

  • OP, the title doesn't match the text. Is the October 2016 date correct? That is, your passport has expired? Or does it expire in October 2017? – mkennedy Jul 18 '17 at 18:26
  • @mkennedy I believe that the MVV has expired in October 2016 ("does it mean that I am living illegally in the Netherlands," present tense). The reason for "checked the passport" is that the MVV is inserted there in the form of a type-D national visa sticker. – phoog Jul 18 '17 at 19:01
  • Oh, I see. The visa stamp in the passport was until 10/2016 while the residence permit is until 2021. Thanks, @phoog – mkennedy Jul 18 '17 at 19:03
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The first question belongs on Expatriates, but the second question is arguably on topic here, so I will answer that in a way that also addresses the first question.

The answer is that your residence permit replaces the MVV (which is why the MVV is valid for such a short time; the Dutch machtiging tot voorlopig verblijf means "authorization for temporary stay"). It is not clear why you believe it to be a "five-year" MVV.

The Schengen Borders Code notes explicitly in Article 6, paragraph (1)(b), an exception to the requirement to hold a visa (emphasis added):

they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 ( 5 ), except where they hold a valid residence permit or a valid long-stay visa;

So, as long as your residence permit is valid, you do not need a Schengen visa, you can travel in and out of the Schengen area, and you are not living illegally in the Netherlands.

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