Requirements for an asylum residence permit

Are you not in the Netherlands, but in another country? Then you cannot apply for asylum in the Netherlands. Nor can you apply for asylum online. You must be in the Netherlands to apply for asylum.

The Immigration and Naturalisation Service (IND)

VluchtelingenWerk Nederland (VWN)

You can get an asylum residence permit in Dutch if:

• For good reason, you fear persecution in your country of origin because of your ethnicity, religion, nationality, political opinion or because you belong to a social group that is discriminated against.

• You are at risk of facing the death penalty, torture or some other form of inhumane treatment in your country of origin.

• For good reason, you fear becoming a victim of violence from an armed struggle, such as war, in your country of origin.

This is agreed upon in international treaties. For example, in the

Refugee Convention

Only for 1 of these 3 reasons can you get an asylum residence permit in the Netherlands. Not for any other reason. The IND assesses asylum applications and decides who gets an asylum permit.

Are you entitled to asylum according to the IND? Then you can get an asylum residence permit. There are two types of asylum residence permits in the Netherlands. Namely a permit based on reason A or reason B. The Immigration and Naturalisation Service (IND) decides if and which temporary asylum residence permit you will receive. It is important that you get asylum for the right reason. Read here the difference between the a and b asylum permit in the Netherlands:

• Asylum permit based on reason A This permit is given to you if the IND finds that you are personally at risk of persecution in your country of origin - because of your race or nationality, religion, political opinion or because you belong to a certain social group. For example, because you are LGBTQIA+.

• Asylum permit based on reason B This permit is granted if the IND finds that your country of origin is dangerous for everyone who comes from there. Or if you are personally at risk for a reason other than those mentioned above for reason A.

Has the IND decided that you will get an asylum residence permit? The letter you receive from the IND will state whether this is a permit based on reason A or reason B. Both permits are valid for five years.

The difference in residence permit does not seem important because you have the same rights in the Netherlands during your stay. However, it is important because it sometimes affects how long and why you are allowed to stay in the Netherlands.

Suppose there is a war in your country of origin, and therefore your country is dangerous for everyone. So for you too. Then you can therefore get an asylum permit based on reason B. In addition, are you in personal danger because you belong to a religious group? Then you can get asylum based on reason A because you belong to a religious group that is in danger.

If the war in your country of origin is over, you can lose your asylum permit based on reason B. But with an asylum permit based on reason A, you are still in danger according to the IND. As the country is still dangerous for you because you belong to a certain religious group. Then you can stay in the Netherlands as long as your residence permit is valid, or even apply for a new residence permit.

Therefore, when you apply for asylum, make sure you explain clearly and completely why you have fled. Then the IND cannot revoke your residence permit if the situation in your country of origin changes while you are still in danger.

If you have an asylum residence permit based on ground A, but you are personally no longer at risk in your country of origin, the IND can take away your asylum residence permit. For example, because your country of origin is safe again for your religious group.

If you have an asylum residence permit based on ground B, but your country of origin is safe again, the IND can withdraw your asylum residence permit. For example, because the war in your country of origin is over.

Do you want to apply for asylum? Then read here how to apply for the asylum procedure in ter Apel.

The IND has 15 months to decide on your asylum procedure. Read here why this is the case and what all the waiting times are.