A broad introduction to immigration law

Immigration law (vreemdelingenrecht) is the branch of law that deals with the arrival of foreign nationals. Not every foreign national is simply allowed to come and live and work in the Netherlands. Non-European foreign nationals in particular have numerous rules to take into account. However, immigration law does not only concern the admission of these foreign nationals, but also their residence, the acquisition of Dutch citizenship and their possible removal. Immigration law is traditionally divided into regular immigration law and asylum law. This page describes the situation in the Netherlands.

Lawful residence in the Netherlands

Immigration law determines when and under what conditions a foreign national may stay in the Netherlands. There are 13 categories of foreign nationals that indicate when someone can lawfully reside in the Netherlands. If a foreign national does not fall into one of these categories, he may not stay in the Netherlands. If he is already in the Netherlands, he must leave the country.

The foreign national has a regular fixed-term residence permit
The foreign national has a regular permanent residence permit
The foreign national has a fixed-term asylum residence permit
The foreign national has a permanent asylum residence permit
The foreign national is a citizen of the European Union
The foreign national has been given permission to stay in the Netherlands pending his application for a fixed-term residence permit (asylum or regular)
The foreign national has been given permission to stay in the Netherlands pending his application for a permanent residence permit (asylum or regular)
The foreign national has been given permission to stay in the Netherlands pending a decision on an objection or appeal
The foreign national is staying in the Netherlands within the visa-free periods, for example as a tourist or to attend the funeral of a family member
The foreign national has reported human trafficking and may stay in the Netherlands during the reflection period
For medical reasons, it is not possible to deport the foreign national
The foreign national is a Turkish citizen and has the right to stay in the Netherlands under Decision No 1/80 of the EEC-Turkey Association Council (Associatiebesluit 1/80) (the right to new work permits after a sufficient period of legal employment)
The foreign national has stated that he will submit an application for fixed-term asylum, has been given a deadline to do so and remains in the Netherlands until his asylum application is submitted

Anyone who lawfully resides in the Netherlands gains a number of other rights in addition to the right of residence. These rights are not automatically as extensive as those of Dutch citizens. For example, a foreign national may have permission to stay in the Netherlands for a certain period for his studies, but not to work here.

Objecting to a refusal or withdrawal

Obtaining a residence permit is often very complicated and at the same time has far-reaching consequences for the family. That is why it is important to call on an expert lawyer. This is all the more true when an application has been refused. This is often covered by legal expenses insurance, or the foreign national may be eligible for subsidised legal aid.

An objection can be lodged with a notice of objection (bezwaarschrift). The deadline for this is four weeks. Later, an appeal can still be lodged with the administrative court (bestuursrechter). However, the administrative court will mainly check whether the Immigration and Naturalisation Service (IND, Immigratie- en Naturalisatiedienst) has applied the laws and procedural rules correctly. A procedural error therefore cannot always be undone.

Unlawful residence in the Netherlands

Anyone who is staying in the Netherlands unlawfully must in principle leave the country on their own initiative and at their own expense. Anyone who does not do so can be removed from the country by the Royal Netherlands Marechaussee (Koninklijke Marechaussee), the Dutch military police.

Anyone who lawfully resides in the Netherlands is entitled to benefits and public services. When someone is staying in the Netherlands illegally, this is in principle not the case. The reason for this is that the Netherlands does not want to finance illegal residence and wants to prevent them from building up a strong legal position. Anyone who is not lawfully resident in the Netherlands is therefore not entitled to social assistance (bijstand), child benefit (kinderbijslag), housing allowance (huurtoeslag) and similar services and benefits. Still, there are exceptions to this rule. For example, children are still entitled to education, government-funded legal aid and necessary medical care.

The special position of children in immigration law

When dealing with residence applications, the IND pays extra attention to the situation of children. After all, the International Convention on the Rights of the Child (Internationaal Verdrag inzake de Rechten van het Kind) also plays a role here. This convention states that the interests of the child must explicitly be taken into account when an asylum application is dealt with. This does not mean, however, that the IND must simply approve every application involving a child, only that it must strike a fair balance between the interests of the child and the other interests. In doing so, the IND will also hear children independently from the age of 15. Children between 12 and 15 are only heard if there is reason to do so or if they explicitly ask for it.

It can also happen that foreign nationals have a child in the Netherlands. This child does not automatically get Dutch nationality, because the parents do not have Dutch nationality either (see below). In that case the child does not yet have a residence permit in any event, and a residence permit must also be applied for on behalf of the child. A number of conditions apply:

The child must actually belong to the foreign national's family
The foreign national and the child must have had their main residence in the Netherlands since the birth
The foreign national must have had a valid residence permit since the birth, or have been naturalised after the birth
The foreign national must declare that he or she is the sponsor (referent) for the child (with rights and obligations towards the child)

If the above conditions are met, the IND will in principle not refuse the application. There are exceptions to this, however. For example, the Association Agreement (see above) also applies to Turkish family members, and it is easier for them to obtain a residence permit.

Obtaining Dutch citizenship

Dutch citizenship (Nederlanderschap) means that someone has Dutch nationality. These people can then apply for a Dutch identity card and have all the rights and obligations that come with Dutch nationality. There are several ways in which someone can obtain Dutch nationality.

Dutch citizenship by operation of law

The simplest way is by operation of law, for example when someone is born to a Dutch father or mother. They automatically acquire Dutch nationality and do not have to do anything further for it. It also does not matter whether they can speak Dutch or have any affinity with the Netherlands.

Third-generation children of migrants and foundlings found in the Netherlands can also acquire Dutch nationality in this way. They too get Dutch nationality automatically and from birth.

Dutch citizenship by option

A second way is Dutch citizenship by option. In this procedure, a foreign national submits a written declaration to the mayor stating that he wishes to acquire Dutch citizenship. Not all foreign nationals are eligible for Dutch citizenship by option. To be eligible, a person must fall into one of the categories below:

The foreign national was born in the Kingdom of the Netherlands (the Netherlands, Aruba, Curaçao and Sint Maarten), has lived there since birth and has a valid residence permit at the time of the application
The foreign national was born in the Kingdom of the Netherlands, has lived there for at least three years without interruption and with a valid residence permit, and has been stateless since birth
The foreign national is a minor, has been recognised by a Dutch national and has been cared for and raised by this Dutch national for at least three years without interruption
The foreign national is an adult, has lived in the Kingdom of the Netherlands since the age of four and has always had a valid residence permit since then
The foreign national is an adult, a former Dutch national and has lived in the Kingdom of the Netherlands for at least one year. During this year, the foreign national had a valid permanent residence permit or a valid fixed-term residence permit for a non-temporary purpose
The foreign national has been in a registered partnership with one and the same Dutch national for at least three years without interruption, or has been married to one and the same Dutch national for at least three years. In addition, the foreign national has lived in the Kingdom of the Netherlands for at least 15 years without interruption and with a valid residence permit
The foreign national is at least 65 years old and has lived in the Kingdom of the Netherlands for at least 15 years without interruption and with a valid residence permit
The foreign national was born to a Dutch mother before 1985, regardless of the nationality of the father at the time of birth
The foreign national was adopted by a Dutch woman before 1985 and the adoption was also pronounced by a court in the Kingdom of the Netherlands
The foreign national is a minor, does not live in the country of which he or she is a national and is under the joint authority of a Dutch national and a non-Dutch mother or father. Since this authority was established, the foreign national has been raised by this Dutch national for at least three years
The foreign national married a non-Dutch man before 1985 and lost Dutch nationality as a result. Within one year of the end of that marriage, this foreign national can make an option declaration to regain Dutch nationality, regardless of where she lives

A number of additional conditions also apply. For example, the foreign national must be able to prove his identity and nationality, must not pose a threat to national security or public safety, and must make a declaration of solidarity (verklaring van verbondenheid). Finally, extra requirements may also apply. Anyone who applies for the option because he or she has lived in the Netherlands since the age of four must, for example, renounce their original nationality.

Dutch citizenship by naturalisation

Finally, it is also possible to be naturalised as a Dutch national. A number of specific conditions apply:

The foreign national must be an adult (but children can be naturalised together with their parent)
There must be no objections to permanent residence
The foreign national must have a permanent residence permit
The foreign national must have had his main residence in the Netherlands for at least five years prior to the naturalisation request
The foreign national must have integrated into Dutch society
The foreign national must renounce his old nationality.

Being integrated into Dutch society

In practice, anyone who wants to become a Dutch national through naturalisation is required to complete a civic integration course (inburgeringscursus). On the civic integration course, people learn Dutch as well as more about working and living in the Netherlands. Afterwards, a civic integration examination (inburgeringsexamen) is taken, which consists of various parts, such as ONA (Oriëntatie op de Nederlandse Arbeidsmarkt, orientation on the Dutch labour market), reading, listening, writing, speaking and knowledge of Dutch society. Anyone who passes this examination is considered integrated.

The social services department (Sociale Dienst) offers the lessons and the examination to religious ministers and to asylum seekers who are required to integrate. They only have to pay a limited personal contribution. Others have to pay for their lessons and examinations themselves. They may, however, be able to make use of the social loan system (sociaal leenstelsel).

There are a number of exceptions to this compulsory civic integration course. For example, you are not required to integrate if you are younger than 16 or older than 65. The obligation also does not apply to anyone who lived in the Netherlands for at least eight years during the period of compulsory schooling.

Exception to the obligation to renounce the old nationality

The obligation to renounce the old nationality does not apply when this is not possible or when the person is a recognised refugee. Anyone with Moroccan nationality, for example, can only renounce it with the permission of the King of Morocco. In practice, this permission is never granted. The King takes the view that a person is Moroccan for life and does not recognise renunciation of the old nationality. In such a case, the Netherlands does not require this old nationality to be renounced.

Consequences of Dutch citizenship

Becoming a Dutch national has a number of consequences. First of all, the person is legally no longer a foreign national. As a result, they may have to hand in their aliens passport or refugee passport. On the other hand, they acquire exactly the same rights as other Dutch nationals. For example, the new Dutch national may from now on always return to the Netherlands, even after a long stay abroad. They also become an EU citizen, receive a Dutch passport, may vote in national, provincial and European elections, can be appointed to a number of restricted positions (for example police officer or member of the armed forces), and so on.

Loss of Dutch citizenship

When another nationality is acquired, Dutch nationality is lost. In addition, Dutch nationality can be lost if false statements were made or fraud was committed in order to acquire it. Concealing important facts can also lead to the loss of Dutch citizenship.

Moreover, Dutch citizenship can also be revoked. This is the case when someone has been irrevocably convicted of committing a very serious crime such as terrorism. Pre-trial detention is not sufficient for this. Moreover, this is only possible if the person does not become stateless as a result.

Finally, Dutch citizenship can be lost when the family law relationship from which the Dutch citizenship was derived ceases to exist.

Asylum law in the Netherlands

Foreign nationals from outside the European Union have the right to apply for asylum in the Netherlands. At that point they receive a residence permit. The condition, however, is that they can demonstrate that they need protection. This does not have to involve hard evidence, and an asylum seeker usually gets the benefit of the doubt.

There are various possible reasons why someone might need protection. War in their home country is a prime example, but it may also concern someone who needs protection from a political regime that tolerates no opposition, or someone who is at risk because of their religion, sexual orientation, ethnic origin and so on. If the IND decides that no protection is needed, it will refuse the asylum application. The foreign national must then leave the country.

The so-called Dublin Regulation must always be taken into account. This regulation determines which European country is responsible for dealing with an asylum application. Each country where an asylum application is submitted must determine which country is competent under the Dublin Regulation. So it is possible that the asylum application is submitted in the Netherlands, but that the Netherlands refers the application to another European country.

In principle, the country where the asylum seeker arrived illegally is also responsible. There are, however, all kinds of exceptions to this. One example is the humanitarian clause, under which a member state can voluntarily decide to take on an asylum application in exceptional cases of a humanitarian nature. This is the case, for example, when the equipment for the necessary medical treatment is available in the Netherlands but not in the other country.

The European Union Temporary Protection Directive

In March 2022, the European Council adopted Implementing Decision (EU) 2022/382. This implementing decision provides temporary protection in the European Union for certain people fleeing the war in Ukraine. Under this temporary arrangement, certain people are entitled to medical care, reception, education and work in the Netherlands. The arrangement applies to the following people:

People with Ukrainian nationality who travelled from Ukraine after 26 November 2021
People who travelled from Ukraine before 27 November 2021, who can prove that they were in the Netherlands at that time and who were in the Netherlands for a long time because they had applied for asylum or a residence permit.
People without Ukrainian nationality who, on 23 February 2022, were a refugee recognised by Ukraine or had a valid Ukrainian residence permit.
Family members of someone covered by the arrangement: (i) a partner in a long-term relationship, (ii) an unmarried child under the age of 18 and (iii) a relative who lives with the family and is (largely) dependent on the family.

The people covered by this arrangement can register with the municipality in the Personal Records Database (BRP, Basisregistratie Personen). For this registration, the municipality needs a valid identity document. Those who do not have Ukrainian nationality must present a Ukrainian residence permit that was valid on 23 February 2022. People who cannot provide proof of nationality because of the circumstances should contact the Ukrainian embassy. Once registration in the BRP has been completed, they may stay and work in the Netherlands without a work permit (tewerkstellingsvergunning).

Frequently asked questions about immigration law

Who is a foreign national?

Foreign nationals (vreemdelingen) are people who do not have Dutch nationality, or a nationality treated as equivalent to it, and who migrate to the Netherlands. In other words, a Belgian or a German is also a foreign national.

There are, however, possible exceptions to this. One example is the Act on the position of Moluccans (wet betreffende de positie van Molukkers). Moluccans living in the Netherlands are treated as equal to Dutch citizens, even though they are often stateless or have Indonesian nationality. This equal treatment is limited, however. For example, they cannot take part in elections.

How does the application process for Dutch citizenship by option work?

First, the foreign national makes the option declaration in the municipality where he lives. He must also fill in a form there stating that he will make the declaration of solidarity during the naturalisation ceremony. The foreign national must then pay the fee (leges). As of 2021, the fee for an option request for one person is €196, and for a request together with a partner €335. This money is not refunded, whatever the outcome of the application.

In the next stage, the municipality will make a decision. If this is negative, the foreign national can object to it. If the decision is positive, the foreign national will receive an invitation to take part in the naturalisation ceremony.

The municipality will organise a naturalisation ceremony. The foreign national is required to attend the naturalisation ceremony within one year of the positive decision. During this ceremony, the foreign national is told in detail what Dutch nationality actually means. The foreign national must then make the declaration of solidarity. This declaration reads: “I swear that I respect the constitutional order of the Kingdom of the Netherlands, its freedoms and rights, and I swear to faithfully fulfil the duties that citizenship entails. So help me God Almighty.” Anyone who does not believe in God may also affirm the declaration by saying the words “this I declare and promise” instead of the last sentence.

How does the objection procedure work if an application for Dutch citizenship is refused?

First, the foreign national must submit a notice of objection. The foreign national may do this himself, but he can also leave it to a lawyer. After the notice of objection has been received, a decision follows. If this decision is positive, the foreign national becomes a Dutch national. If this decision is negative, it is always still possible to go to court.

How do I object in a dispute about the civic integration requirement?

First, an objection must be lodged. If this objection is rejected, a notice of appeal can be submitted to the court. This notice of appeal must be received by the court within six weeks of the rejection. The administrative body will then be instructed to write a statement of defence. The foreign national can also submit additional documents, such as a response to this statement of defence.

A hearing will then take place, unless the judge opts for a simplified procedure or the judge considers the documents so clear that no hearing is needed and the parties agree to this. The foreign national is not required to attend the hearing, but if he does attend, he can give an oral explanation. The judge will give a ruling within six weeks. Sometimes the judge will let you know that he needs more time.

If the judge rules in favour of the foreign national, he can take a new decision himself or decide that a new decision must be taken. Within six weeks, the foreign national can appeal to the Administrative Jurisdiction Division of the Council of State (Raad van State). Sometimes an application can also be made against this to the European Court of Human Rights. A lawyer will explain to the foreign national to what extent there is a chance of success.

What if I cannot afford appeal proceedings about the civic integration requirement?

Then it may be possible to receive a subsidy from the Legal Aid Board (Raad voor Rechtsbijstand). There is always a personal contribution involved. This personal contribution depends on your own assets and income.

How can I marry a foreign national in the Netherlands?

It is possible to marry a foreign national in the Netherlands. In that case, however, a declaration must be made that it is not a sham marriage. This means that the Dutch national states that he or she is not simply marrying in order to obtain a residence permit for the foreign national. In addition, a statement regarding the right of residence must also be provided.

The foreign national, in turn, must have a residence permit. It is possible to get a residence permit to join your partner. In principle, this is a provisional residence permit (mvv, machtiging tot voorlopig verblijf). Specific conditions apply to this. For example, the Dutch national must have sufficient income to support the foreign national. The foreign national, in turn, must have passed the civic integration examination abroad (basisexamen inburgering). In some cases, an mvv exemption also applies. This is the case, for example, when the partner has New Zealand, Monegasque, Japanese, Canadian, Vatican or American nationality.

Immigration law