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What are the two types of protection available in the Netherlands?

Published at: 09/06/2026, 08:00

New Dutch regulations are making the distinction between refugee status and subsidiary protection more significant. In this article, you can find out what these terms mean and where you can check what protection you are entitled to. You can also find out what this means for your residence permit, family reunification and becoming a Dutch citizen.

You will be granted refugee status if the IND recognises you as a refugee

You are granted refugee status if the

determines that you are a refugee. This means that you are personally at risk in your country of origin.

When assessing

, the IND focuses primarily on your personal story. The IND assesses whether you are personally at risk and why, based on who you are or what you have done. For example, because of your political views, your religion, your ethnic background, your work or your activism. These grounds are also set out in the
. For example: are you at risk because of your political opinion, your religion, your origin, your sexual orientation, your work, your activism, or because you belong to a particular group?

Even if you come from a country where there is war or widespread violence, your personal story can still be important. Perhaps you were in danger not only because of the general situation in your country, but also because of who you are or what you have done.

You will be granted subsidiary protection if you are at risk but have not been recognised as a refugee

You will be granted

if the IND decides that you do not qualify as a refugee, but that you would be at risk if you were to return to your country of origin. The IND will then assess whether you would face serious danger upon return. For example, because you could be abused, tortured or killed. This danger does not necessarily have to stem from your political opinion, your religion, your origin or your membership of a particular group. The IND may also consider the general security situation in your country or region. For example, whether there is war, serious violence or another highly unsafe situation there.

Are you from a war-torn region and were you personally at risk because of, for example, your work, political views, religion or activism? If so, it may be important to discuss with your lawyer whether you might be entitled to refugee status.

Have you been granted subsidiary protection, but do you think you should actually have been granted refugee status? If so, contact your lawyer as soon as possible. Your IND decision will state how long you have to lodge an objection or appeal. This deadline may be short. Sometimes you only have one week. Your lawyer can check what applies in your case.

Your IND decision states what status you have been granted

Would you like to know whether you have been granted refugee status or subsidiary protection? If so, please check the decision you received from the IND.

Older decisions may state: Article 29(1)(a). In that case, you will usually have refugee status. Does it state Article 29(1)(b)? In that case, you have subsidiary protection.

This may be different in new decisions. In such cases, the IND will apply Article 29 for refugee status. For subsidiary protection, the IND will apply Article 29a.

Are you unsure what your decision says? If so, ask your lawyer or

for help during the online consultation hours.

The difference between refugee status and subsidiary protection is becoming more significant as a result of new rules

Until now, in the Netherlands it has often made little difference whether you were granted refugee status or subsidiary protection. People with either status were usually granted the same type of asylum residence permit, with the same rights.

New rules are changing this. The difference between refugee status and subsidiary protection can be particularly important if you

.

Your residence permit and naturalisation do not depend solely on your status

Under the new asylum rules, you will soon be granted a temporary asylum residence permit valid for 3 years instead of 5 years. This change applies across the board to asylum permits. It is therefore not solely due to the difference between refugee status and subsidiary protection.

Do you already have a residence permit? If so, your permit remains valid until the date stated on it. After that, you must apply for a new residence permit in good time.

Even for

, there is currently no clear difference between refugee status and subsidiary protection. Naturalisation means becoming a Dutch citizen. At present, you usually need to have lived in the Netherlands for 5 years or more consecutively with a valid residence permit. Do you have an asylum permit? If so, you must currently also hold an indefinite asylum residence permit when applying for naturalisation.

When calculating the period required for naturalisation, the government takes into account the number of consecutive years you have lived legally in the Netherlands with a valid residence permit. You must therefore always apply to renew your residence permit in good time.

The permanent asylum residence permit is set to be abolished. As a result, new rules will need to be introduced for people with a temporary asylum residence permit who wish to become Dutch citizens. The government has yet to clarify exactly how this will work

The government wants to tighten the rules on becoming a Dutch citizen. The plan is to allow people to apply for naturalisation only after 10 years of legal residence in most cases, rather than after 5 years. The government also wants people to speak Dutch to a higher standard:

These plans are not yet in force as current rules. They do not relate solely to refugee status or subsidiary protection.

Different rules apply to family reunification for those with refugee status and subsidiary protection

The difference between refugee status and subsidiary protection in the context of family reunification. For people with asylum status, family reunification is referred to as 'post-travel'.

The new rules have reduced the number of family members who can join you in the Netherlands. This applies to people with refugee status and to those with subsidiary protection. As an adult, you can only apply for family reunification for your legally married partner and for your biological or adopted children under the age of 18.

You can no longer apply for standard post-travel for your partner if you are not officially married, or for foster children or children aged 18 or over. In some cases, the IND may still assess whether a family member is entitled to residence on the basis of

. This article concerns the right to family life. This assessment is usually stricter than for standard post-travel.

Are you under 18 and living in the Netherlands without your parents? If so, as a minor with a asylum permit, you can apply for post-travel for your parents. You can also apply for post-travel for your brothers and sisters under the age of 18.

Do you have subsidiary protection? If so, additional conditions apply to family reunification. Under the new rules, you must first wait two years after receiving your residence permit. You can then apply for family reunification. The IND will also check whether you have sufficient income and whether you have your own home. Your home must not be in the COA reception centre.

Do you have refugee status? If so, these additional conditions do not apply. However, you must submit your application for family reunification within 3 months of receiving your residence permit. This period is known as the post-travel period.

Have you already applied for family reunification before 12 June 2026? If so, it is not always easy to say which rules apply to your application. This depends on your personal circumstances, when you submitted your application, and how the IND applies the new rules.

You should therefore always seek advice from your lawyer or VluchtelingenWerk Nederland (VWN). They can help you assess what the new rules mean for your application.

Do not simply make a new application yourself without seeking legal advice. This could have consequences for your case.

Subsidiary protection does not automatically mean you have fewer rights in all areas

The difference between refugee status and subsidiary protection is particularly important when it comes to family reunification.

Do you have subsidiary protection? If so, this does not automatically mean that you have fewer rights to work, healthcare, education or civic integration.

There are a number of changes to asylum rules. These rules relate, for example, to checks at the EU's external borders, faster asylum procedures and agreements between EU countries. These changes are a result of the

. RefugeeHelp has written a separate article on this subject.

Ask for help if you are not sure what the rules mean for you

The rules are complicated. What the new rules mean for you depends on your personal circumstances.

Are you unsure about your IND decision? Do you want to apply for family reunification? Or have you been granted subsidiary protection, but do you think you should actually have been granted refugee status? If so, please contact your lawyer or VluchtelingenWerk Nederland (VWN).

Do not wait too long if you want to lodge an objection or appeal. Your IND decision will state how long you have to do so. This time limit may be short.


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The information that you find on this platform comes from the human rights organisation VluchtelingenWerk Nederland (VWN), in cooperation with its partners.
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