New rules about residence permits affect family reunification: here is what you can do
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Did you apply for family reunification before 12 June 2026 and are you awaiting a decision from the IND? And do you hold a residence permit as a person granted subsidiary protection? If so, check whether you can still be granted a residence permit as a refugee.
Since 12 June 2026, the Netherlands has had the
Has the IND not yet made a decision on your application for family reunification? If so, the new rules also apply to you. Even if the IND is late in making a decision. As a result, the IND may reject your application if you do not meet the new requirements. It may therefore be wise to investigate whether you can still obtain a
What changes has the new law on the dual-status system brought about?
If you receive a residence permit as a person with subsidiary protection after 12 June 2026, additional conditions for family reunification will apply starting in June:
The following applies to your family members:
1. Your spouse and your children under the age of 18 may come to the Netherlands. It will be more difficult to bring your partner to the Netherlands if you are not married. Your foster children and your children aged 18 or older will no longer be allowed to come to the Netherlands.
These are the three additional conditions:
2. Under the new rules, you must first wait 2 years after receiving your residence permit. Only then can you apply for family reunification. If you have not waited 2 years yet, the IND may reject your application.
3. You must have sufficient income for an extended period. If you do not have enough income, the IND may reject your application.
4. You must own your own home. If you do not own your own home, the IND may reject your application, even if you meet the other requirements. Your home may not be located in a reception centre operated by the
Do you have a residence permit as a refugee? If so, this additional condition applies:
Your partner may no longer come to the Netherlands if you are not married. Your foster children and your children who are 18 years of age or older may also no longer come to the Netherlands.
What can you do if you want a different residence status?
Do you think you should be granted a residence permit as a refugee rather than as a person with subsidiary protection? For example, because you are personally at risk in the country from which you fled. This does not simply refer to a dangerous situation affecting the whole country. It must be a danger to you personally, for example because you are being persecuted on the grounds of your race, religion or political opinion. In that case, contact the lawyer who assisted you with your asylum application. Ask whether it would be advisable to take the matter to court. Do this as soon as possible, whilst the IND has not yet made a decision. If your lawyer is unavailable, find another lawyer.
What can your lawyer do?
Your lawyer can
Your lawyer can also ask the judge for a 'heroverweging' (review)
As well as appealing against the IND’s decision, your lawyer may also be able to ask the IND for a 'bestuurlijke heroverweging' (administrative review). This means asking the IND to reconsider its previous decision. Your lawyer will then need to demonstrate that there are new facts and circumstances. Due to this new situation, you might have been entitled to a different residence permit. Your lawyer could, for example, argue that the dual-status system constitutes a new circumstance. Before 12 June 2026, the type of residence permit you held made no difference for family reunification. Now it does make a difference because the IND has not yet made a decision on your family reunification. As a result, the new rules also apply to you. Has the IND rejected the request for review? Then you can lodge an appeal with the court.
The court has the final say
It is not clear whether the court will allow your lawyer to file an appeal. Officially, you are too late. Normally, you must file an appeal within a few weeks of the IND’s decision. The IND may also reject the request for review. After that, it is unclear whether the court will find that the IND should have reconsidered the earlier decision in light of the new circumstances. Therefore, discuss with your lawyer whether you can try one of these two options or both. Otherwise, there is a chance that the IND will reject your application for family reunification due to the new rules.
The IND must make a new decision
Will the court allow you to appeal and rules in your favour? Then the IND must review your case again and issue a new decision. The IND will then reassess whether, according to the rules of the
You must still be able to prove that you are a refugee under the Refugee Convention. You must also fall under one of the grounds for persecution listed in the convention. Otherwise, you will not be granted a residence permit as a refugee. Are you not able to prove that you are personally at risk in the country from which you fled? Then the IND will once again deny you a residence permit as a refugee.
It must be too dangerous for you personally in the country from which you fled
It only makes sense to file an appeal or request a reconsideration if you can prove that you are personally at risk in the country you fled from. Therefore, first consult your lawyer and ask whether it makes sense to take these steps.