House of Representatives agrees to stricter laws on asylum: now the Senate must decide
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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.
The House of Representatives passed the law after a vote. And a few motions and amendments were passed and added to the law:
A motion lets parties in the House of Representatives know what they think or what they would like. They express an opinion or wish. If the House of Representatives passes a motion, the cabinet does not always have to carry it out. Sometimes the cabinet then sends a letter explaining why they are not.
An amendment is a change or addition to the law. An amendment really changes the law. So it is more important than a motion.
Most of the adopted proposals make the law stricter. For example, the amendment that says illegality becomes punishable. And helping illegals too.
After the House of Representatives, the Senate must now vote on the law. Members of the Senate may not change anything about the law. They can only approve or reject the law. And if the Senate also approves the law, then the law goes into effect.
What does it mean if the Asylum Emergency Measures Act is also passed in the Senate?
The Senate will not vote on the law until after the summer break. They will discuss the law further in the Senate in early September. There is no vote then. The Senate can still invite experts to provide more information about the law. So that the Senate members know more about it before they discuss and vote on the law. Members of the Senate can also ask written questions about the law. The Senate is also still waiting for the advice of the Council of State on criminalising illegality and helping people without residence permits.
If the Senate passes the law, the law does not take effect immediately. The Cabinet will then send a letter with the date the law will take effect. That date may be soon after the vote, however.
If the Senate also passes the Asylum Emergency Measures Act, 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.
As you have a lot of questions about this, we will explain a few of the above points
If the law is passed, status holders will have to apply for a new asylum permit every 3 years. The IND will not have time to look at all permits again. Only if there is a specific reason to look at your permit again will the IND do so. This is the case, for example, if the situation in your home country permanently improves. So the IND will simply renew your permit if there is no reason to look at it again. So there will not be a new interview. If you currently have a 5-year residence permit, nothing will change for you at first if the law is passed. Your permit now shows the date until which it is valid. That date will remain the same. Only when your permit expires after those 5 years will you then get a new permit for 3 years. All new permits and permits that are renewed will soon be for 3 years.
If the Senate passes the Asylum Emergency Measures Act, the Dutch government will no longer issue permanent residence permits. So you will always keep a temporary residence permit for 3 years. You can then also no longer become a Dutch citizen. Since anyone who wants to become a Dutch citizen must first have a permanent residence permit. There are exceptions, however. Stateless people may now apply to become Dutch citizens after 3 years of residence in the Netherlands. And that remains the case. The IND assesses this request. The fact that the government no longer issues 5-year and permanent residence permits does not change this.
The law states that family reunification will soon be allowed only for children under 18. The House of Representatives did not provide a transition period. Therefore, if the Senate passes the law, it will probably apply with retroactive effect. This means that the law also applies for applications that people have already made previously. The law does not apply to children and partners who are already in the Netherlands.
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-entry rules for family reunification more strict. With the dual status system, the cabinet wants to distinguish between:
A-status: people who flee because they themselves are in danger because of their origin, sexual orientation or religion.
B-status: people fleeing war and (natural) violence.
You need not fear that your current status will soon be converted. Because there is already a two status system. The decision you receive if you are allowed to stay in the Netherlands already states whether you have a residence permit with A-status (refugee convention) or B-status. So this distinction between A-status and B-status is already there. Only at the moment the rights are the same for both status holders.
What will change
If you have B-status, you get fewer rights than someone with A-status if the Senate also approves the law. For example, you then have to return to your home country sooner if the situation improves there.
Family reunification will become more difficult for all status holders. If the law introducing a dual status system is also passed in the Senate, then adult children who depend on you, foster children and your partner to whom you are not married will no longer be allowed to come to the Netherlands. And if you have B-status, even stricter requirements will apply. Family reunification will then become very difficult or take a very long time. If you now have B-status and are still applying for family reunification, the new law will apply to you if the Senate also approves the law.
It is unclear whether the new laws will have retroactive effect
This means that it is not clear whether the new laws apply only to new applications and licences. If the laws are retroactive, they will also apply to applications that have already been made and to existing licences. Not all proposals by members of parliament for a transition period were passed in the House of Representatives. Therefore, it seems logical that the laws will apply to all applications and licences. But the minister has said the Law on the Introduction of Dual Status System might be introduced in steps, i.e. first for a small group. Whether this actually happens is unclear at the moment. It is also unclear whether it will apply to the rules in both laws. So we do not know whether the new laws will be applied retroactively.
Much unrest in Netherlands after asylum laws passed in House of Representatives
On 2 July, the House of Representatives voted in favour of two new laws: the Asylum Emergency Measures Act and the Dual Status Act. More than half of the House of Representatives voted in favour of these laws. These laws make asylum policy stricter.
Immediately after the vote, much unrest arose in the Netherlands. Many politicians and organisations are angry about part of the Asylum Emergency Measures Act. That law will soon make it punishable to help people without residence permits. This means that general practitioners, churches, municipalities, police and social organisations may be punishable if they help these people.
The laws are not yet in effect. First, the Senate still has to vote. That will happen after the summer holidays, but it is not yet clear when.
The parties that voted for the laws in the House of Representatives do not have a majority in the Senate. Therefore, they need support there from other parties. It is still uncertain whether those parties also want to vote for it. Many people are trying to convince them not to.
Petitions against the laws
GroenLinks/PvdA has started a
Can the laws still be stopped?
RefugeeHelp also receives questions about whether the laws cannot still be stopped in some other way? Unfortunately, this is not possible. If the laws are passed in the Senate and House of Representatives, then they will be introduced. But lawyers will certainly start proceedings in the courts. First they will do so in the Netherlands. Later they may also go to European courts. This takes a lot of time. Meanwhile, the laws already apply. So everyone has to comply with them.
What can you do yourself as a refugee?
Many refugees ask if there is anything they themselves can do to influence the vote of the Senate. However, this is not possible, although of course you can demonstrate. And it is always good to speak out. For example, to members of the Senate, but also to newspapers, radio or TV in your area. Explain what the laws mean to you and how this will affect your life. And of course it is good to sign the petitions mentioned above.