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Vluchtelingen staan in de rij voor hun aanmelding in Nederlandse dorp Ter Apel

Source: Inge van Mill

This is what you need to know before you apply for asylum

Last updated: 11/22/2023, 1:18 PM
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In the Netherlands, you can get an asylum residence permit because you are at personal risk in your country of origin or because your country is dangerous for everyone. It is important that you get asylum for the right reasons.

These are the different asylum permits

In the Netherlands, you can get a temporary residence permit on two grounds. Namely:

  • Asylum residence permit based on ground A: you get this permit if you are at personal risk of persecution in your country of origin because of your ethnicity, religion, nationality, political opinion or social group. This is called ground A or treaty refugee under the Refugee Convention.

  • Asylum residence permit based on ground B: you get this permit if your country of origin is dangerous for everyone who comes from there or if you are at personal risk for a reason other than those mentioned above. This is called ground B or subsidiary protection.

The IND decides which temporary asylum residence permit you will receive

Explain the reasons why you fled clearly to the

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Immigration and Naturalisation Service (IND)
. Based on your interviews with the IND and the documents you submit, the IND decides whether you quality for a permit based on ground A or ground B. The IND first examines whether you can get a permit based on ground A. If not, the IND will see if you can get a permit based on ground B.

If the IND has decided that you will receive an asylum residence permit, the letter you receive from the IND will state whether this is a permit based on ground A or ground B.

In the Netherlands, you have the same rights with both residence permits

Having an asylum residence permit based on ground A and on ground B gives you the same rights in the Netherlands:

  • Your asylum residence permit is valid for five years from the date you applied for asylum.

  • You may apply for family reunification

  • After five years, you can apply for a permanent residence permit.

The IND can revoke your residence permit earlier than five years

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.

It is important to tell your story in detail to the IND so that you get asylum for the right reason

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 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 ground B. In addition, if you are in personal danger because you belong to a religious group, you can get asylum based on ground 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 ground B. However, with an asylum permit based on ground 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.

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