Government to introduce stricter asylum and migration rules

The introduction of these measures will implement many of the proposals set out in the coalition agreement. The government is keen to adopt a more selective approach to migration, tackle crime involving aliens more vigorously, harmonise and simplify the grounds for asylum, and combat illegal residence. The cabinet has agreed to submit the draft legislation to the Council of State for its advisory opinion.

Stricter rules on family migration

The government’s aim in tightening up rules on family migration is to ensure that people who come to the Netherlands for a prolonged period, or to settle permanently, have good prospects of integrating properly and participating in Dutch society.

• Only partners who are married to or in a registered partnership with someone resident in the Netherlands and their minor children will be able to enter the country for the purposes of family formation or reunification. The government’s aim is to prevent people entering into relationships purely to obtain a residence permit. Couples who are legally prevented from marrying abroad, for example homosexuals, are excepted from this rule and may marry in the Netherlands using a special marriage visa. 
• A waiting period of one year will be introduced for those wishing to bring a partner over to join them. The aim is to establish that the partner already in the Netherlands is sufficiently integrated. 
• People will need to wait five years, instead of three, before they are eligible for a permit for continued residence independent of a partner. The aim is to prevent sham marriages. In addition, the minimum time before an application can be made for social assistance benefits has been extended by two years.

Illegal residence a criminal offence

The government will make illegal residence in the Netherlands a criminal offence. This means that from now it will be an offence to enter the Netherlands illegally or to fail to leave the country after the expiry of a period of legal residence. The government has agreed on the following measures:

• Illegal residence will be a minor offence. 
• The penalty will be a term of up to four months’ imprisonment, or a fine of up to €3,800. Unpaid fines will remain in force for four years. 
• Criminal liability will apply only to adult aliens, as minors are dependent on their parents for residence in the Netherlands. 
• Being an accessory to illegal residence, for example by providing illegal immigrants with accommodation or food for humanitarian reasons, will not be an offence. 
• Anyone guilty of human trafficking or of employing illegal immigrants will be prosecuted for these offences.

Making the ‘sliding scale’ stricter

The ‘sliding scale’ contains norms for withdrawing residence permits from aliens who commit serious offences while in the Netherlands. The longer an alien remains in the Netherlands, the more serious the breach of the legal order must be if the withdrawal is to be justified. The government will be making the sliding scale stricter, so that more people come within its scope and it will be easier to terminate people’s residence rights. Each individual case will still be individually assessed; nothing will happen automatically. The new rules are as follows:

• The length of the prison sentence on the basis of which a residence permit can be withdrawn will be reduced. The decision to withdraw a residence permit can thus be taken at an earlier stage. 
• An alien who is sentenced to a term of imprisonment for a serious offence within his first three years of residence in the Netherlands may have his residence permit withdrawn. 
• The definition of repeat offender will be amended, so that an alien who is convicted of a serious offence three times within three years may have his residence rights terminated. 
• There will be no time limits in the sliding scale, making it possible to withdraw the residence permits even of aliens who have lived in the Netherlands for more than 10 years if they are guilty of very serious offences.

Exemptions from authorisation for temporary stay (MVV) requirement abolished

The government is abolishing two exemptions from the requirement to have an authorisation for temporary stay (MVV) before applying for a temporary residence permit. From now on, the following groups will also have to apply for an MVV abroad before they can enter the Netherlands and apply for a permit:

• Aliens who resided lawfully in the Netherlands for at least five consecutive years before reaching the age of 18. 
• Those who are eligible for return to the Netherlands under the Repatriation Act.

Revising grounds for admission under asylum policy

The government wants to bring Dutch grounds for asylum into line with European asylum legislation so as to eliminate differences. Family members joining those entitled to asylum will be informed more quickly about their prospects of being granted residence rights. The government also wants to levy fees for replacing permanent asylum residence permits if they are missing, lost, or are no longer in a state to be used for identification purposes. 

• The statutory basis for categorial protection for nationals of certain countries or for certain population groups will no longer apply.
• The admission procedure for family members joining refugees will be simplified and streamlined, because they will no longer be required to complete the entire asylum procedure.