Frequently asked questions about the European Pact on Asylum and Migration and Dutch rules
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There is a great deal of concern about the European Pact on Migration and the new Dutch rules on asylum and migration. In this article, you can read the key questions and answers.
Processing of asylum applications and waiting times
We have heard that Syrian asylum applications are being processed as a priority. Is this correct? Does this also apply to people who submit an asylum application after 12 June?
This is not entirely correct. All applications submitted after 12 June are given priority. Under the new asylum procedure, the
From now on, the IND will be deploying 70 per cent of its staff to process new applications. This means that there will be far fewer staff available to deal with asylum applications submitted before 12 June. And that means people who submitted their applications before 12 June will have to wait even longer for a decision – even if they have already been waiting for a very long time.
According to the IND, there are still 54,000 applications awaiting a decision. The IND is keen to reduce this backlog, so it will first examine this group to see if some of the applications can be processed more quickly. This means the IND will focus on identifying which applications have the lowest chance of success and will prioritise processing those first. According to the IND, these include asylum applications from Syrian and Yemeni nationals, as well as asylum seekers from other countries and specific groups of people.
The IND is likely to start by categorising the asylum applications in the near future. This is because the IND has stated that it will only begin processing asylum applications submitted before 12 June from 1 October 2026 onwards.
Family reunification
We have heard that all applications for family reunification – including those submitted before 12 June – are being rejected, meaning that people have to take their cases to court. Is this correct?
Yes and no. This question confuses two separate issues. Applications for family reunification that have already been submitted will be put on hold for the time being. This means that no decision will be made on them at present. The IND will first refer a number of family reunification cases to the court; these are cases which, under the new rules, they are required to reject. The court must then assess whether the rejection is lawful. And because it is not yet clear what the court’s position will be, family reunification applications will be put on hold for the time being. The IND therefore wants to avoid rejecting cases at this stage that the court might later rule against. The IND will only resume making decisions once it is clear what is and is not permitted.
This means you will have to wait longer for a decision on your family reunification application because the IND wants to know what the court says first. It also means that the IND will not reject your application at this stage due to the stricter rules. The court will first examine whether the new rules contravene the law. We do not yet know how long it will take before the IND resumes making decisions on family reunification applications.
Naturalisation
Can people with a residence permit still apply for Dutch citizenship? What are the conditions?
In most cases, you need a
You can therefore no longer obtain a permanent asylum residence permit. Nor is it currently possible to naturalise whilst holding an asylum residence permit.
There are, however, exceptions. Certain groups are still able to naturalise at present:
Do you already have a permanent asylum residence permit? If so, you will retain this permit. And you can still apply for naturalisation with it.
People with
Minors with asylum status for whom an application for joint naturalisation has already been made, together with their parents, may still be naturalised.
People who have been granted a residence permit to live with their partner or a family member in the Netherlands. This family member holds a permanent residence permit or is a Dutch citizen.
So these are the rules as of 12 June. But please note: it may well be possible to apply for naturalisation with an asylum residence permit at a later date. The agreements reached by the parties in this
The agreements reached by the political parties have not yet been adopted in law. Only once the conditions in the law have been amended will it be possible to naturalise with an asylum residence permit. And for that to happen, a process to amend the law must first be initiated. That has not yet taken place. It is therefore not yet clear when these changes will come into effect.
This means that, for the time being, the current rules apply: you cannot usually become a naturalised citizen if you hold a (temporary) asylum residence permit.
Can stateless individuals who are eligible for naturalisation after three years of residence still qualify for permanent residence?
Yes, all the conditions for naturalisation remain the same at present. Have you been recognised as
Rejection of your asylum application and return to your country of origin
Will people whose applications have been rejected be sent to another country in future, such as Albania or another country outside the EU?
European legislation ensures that this option is available. However, that legislation is not yet finalised and did not come into force on 12 June. And even if the legal possibility exists, it will not immediately be the case in practice. A country would then have to be found that is willing to cooperate, and agreements would have to be reached. We are not there yet.
What rights do rejected asylum seekers have under the new European rules?
People whose asylum applications have been rejected can still
The
Resident permits and future prospects
Can people with a residence permit still apply for a long-term EU resident permit? What are the conditions?
Yes, they can. . It explains what this residence permit is, the conditions you must meet and how you can apply for it.
When I renew my asylum residence permit, will the IND reassess my asylum case?
No. A renewal does not automatically involve a reassessment of your residence permit. Only if there is a specific reason for doing so may the IND initiate a reassessment of the permit. This happens, for example, when the
When renewing my asylum permit, can the IND decide to change my residence status, for example from A-status to B-status?
No, they cannot.
When renewing my asylum residence permit, can the IND decide that I must leave the Netherlands if the situation in my country of origin has changed?
No, they cannot. The IND can revoke a residence permit if the situation in the country of origin has changed, but a separate procedure must first be followed for this. This is separate from the decision on an application for renewal.
Can I change my residence permit to one based on marriage or civil partnership? If so, under what conditions?
Yes, if you are worried that you might lose your asylum residence permit following a reassessment, you can apply for a standard residence permit to live with your partner or spouse. You will then need to apply for
Can I change my residence permit to a work residence permit? If so, under what conditions?
Yes, this is possible, but in practice it is almost impossible to obtain this permit. For example, you must have sufficient income, your employer must be recognised as an employer for highly skilled migrants, and there must be no one in the Netherlands who can do this job. Read more about this on this page of the IND website:
Civic integration
How will the European Pact on Migration and the new asylum rules affect my civic integration programme?
There are few changes to the
If I am granted a temporary asylum residence permit for one year (for example, for family reunification), how can I fulfil my civic integration requirement?
The rules on civic integration have not changed following the introduction of the Pact. You have three years from the start date of your civic integration programme to fulfil your civic integration requirements. The civic integration programme starts the day after the municipality has drawn up the Personal Plan for Integration and Participation (PIP). And if you still meet the conditions for the one-year residence permit you hold, your residence permit will be extended for three years after one year. You must continue with your civic integration programme during the extension procedure. If your residence permit is not extended, you will of course no longer be required to complete the civic integration programme.