House of Representatives agrees to stricter laws on asylum: now the Senate must decide
The House of Representatives last night approved former Minister Faber's two asylum bills: the Asylum Emergency Measures Act and the Introduction of Two-Status System Act. Now the Senate must vote on them. But that will not happen until after the summer recess. Read in this article what these bills mean and what the consequences are if these laws are also passed in the Senate.
The fallen government made the strict asylum laws
The Asylum Emergency Measures Act is about making rules stricter for asylum seekers and refugees in the Netherlands. This bill was created together with the bill for the Two-Status System by former asylum minister Faber of the PVV. The intention is to make it more difficult to get an asylum residence permit in the Netherlands and to reduce the time people can stay in the Netherlands.
What does it mean if the Asylum Emergency Measures Act is also passed in the Senate?
If the Asylum Emergency Measures Act is passed, then once the new rules take effect, it means:
A temporary asylum residence permit is then still for a maximum of 3 years. It is currently 5 years. After those 3 years, it is reassessed whether you will be granted an asylum residence permit again for 3 years.
Indefinite asylum residence permits will no longer be given.
Partners travelling in connection with family reunification who are not married to their partner who has a residence permit in the Netherlands will no longer receive an asylum residence permit. Their children over the age of 18 will also then no longer receive an asylum residence permit.
People can no longer easily file a second asylum application. There will be a 'verwijtbaarheidstoets' (culpability test) for people who apply for asylum for the second (or more) time. The
People staying in the Netherlands illegally can be arrested and face a six-month prison sentence.
The 'voornemenprocedure' (intention procedure) will be removed from the asylum procedure. This means that the IND no longer has to inform refugees of their intention to reject the asylum application. In this intention they give reasons why the asylum application is rejected. This means that the refugee can no longer give their opinion about the rejection.
What will it mean if the Law introducing dual status system is passed?
The fallen cabinet wants to introduce a two-status system and make the post-travel rules for family reunification stricter. With the dual status system, the cabinet wants to make a distinction between people who flee because they themselves are in danger because of their origin, sexual orientation or religion, and people who flee from war and (natural) violence. The latter group, those fleeing war or violence, will have fewer rights and must return sooner if the situation in their home country has improved. Also, for that second group, the number of family members eligible for post-travel is limited. For both groups, post-travel is limited.