Contributed by: Bram van Melle & Thomas van Houwelingen (Everaert Immigration Lawyers)
June 2022 to April 2023
1. Legislative Changes
As of October 1st 2022 Turkish citizens are required to have a visa to travel to the Netherlands.
Legislative proposal concerning the extension of rejection possibilities for a request for a permit for undetermined stay. Currently people with a criminal record that were born or raised in the Netherlands could only be rejected for this permit if they are convicted for drug-related felonies and sentenced for more than 60 months in prison. The rejection possibility will be extended to criminals that have committed major crimes without regard for the severity of the sentence.
The prerequisites for a permit as an au pair have been tightened to safeguard the purpose of the permit which is to stimulate cultural exchange.
Legislative proposal concerning regaining and loss of Dutch citizenship, dual citizenship and the voluntary loss of nationality of a child.
A new procedure has been introduced to determine statelessness.
Legislative proposal concerning the implementation of the European Blue Card guideline aiming to be more quick, flexible and inclusive for highly skilled migrants.
2. Business Immigration
- On 13 July 2022, the council of state ruled that the policy regarding fines for illegal labour wrongfully does not require adjustment of the amount of the fine to different degrees of blame.
- The prerequisites for a permit as an au pair have been tightened to safeguard the purpose of the permit which is to stimulate cultural exchange. The au pair cannot be older than 25 years old, needs to be unmarried and has no children.
- Legislative proposal concerning the implementation of the European Blue Card guideline aiming to be more quick, flexible and inclusive for highly skilled migrants.
3. Family based immigration
- Parents of Dutch children, who have stayed in the Netherlands for more than five years based on the rights derived from the case Chavez-Vilchez, are now eligible for a permit for EU long-term residency, a permit for national long-term residency and for naturalization. They are also able to act as a sponsor for family reunification.
- On 13 July 2022, the council of state ruled that an appeal based on article 8 ECHR cannot be rejected merely on the grounds that there is no family life worthy of protection. All the circumstances and facts need to be considered to be able to come to a well-reasoned decision.
4. Asylum
Article 15c 2011/95/EU is applicable for Syria and Yemen. Concerning Syria refugees who have returned to Syria after they first fled, might be ruled out from this protection since the policy changed because of the peace agreement in Ethiopia. Tigrayans are no longer seen as a vulnerable group. Due to the situation in Sudan no decisions are taken and no one is deported. Palestinians in Libya are no longer seen as a vulnerable group. Concerning Pakistan Hazara, human rights defenders, journalists and LHBTI are seen as a vulnerable group. Concerning there was a stop in decision making for people who fled the army until 29th of June 2023. Human rights defenders and lawyers who defend sensitive cases are seen as a vulnerable group.
The Dutch Immigration office is not managing to decide asylum applications within 6 months, therefore in September 2022 the government decided to extend this period by another 9 months. In several cases the period of 15 months passed without a decision. The Immigration office will start a special fast track procedure for people from Yemen and Syria in July 2023. Also deadlines in family reunifications cases are not met.
Concerning Dublin refugees are not sent back to Greece, Malta and Hungary. There is also caselaw that refugees cannot be sent back to Belgium due to problems with housing in Belgium Concerning Bulgaria we are waiting for a decision of the highest administrative court whether or not refugees can be sent back due to the pushbacks that take place. Due to a circular letter of the 5th of December 2022 from the Italian authorities no transfers took place to Italy. The Dutch Council of state ruled on the 26th of April 2023 that concerning Italy we can no longer count on the interstate trust principle, since they cannot take the responsibility on the Dublin regulation. There were no transfers to Kroatia so far in 2023, although the Dutch secretary of state wrote in January 2023 that transfers would start again.
5. Deportation
- The European Court of Human Rights ruled on the 30th of May 2023 that article 8 ECHR has been breached with the decision to deport a Moroccan migrant. His residence permit had been revoked and he’s been issued an entry ban for ten years, because he was convicted for multiple major crimes, including rape. The Court considered the vulnerable mental state of the migrant, his diagnosed personality disorder and schizotypal and antisocial characteristics and concluded that he cannot be fully held accountable for his crimes. The national court should have considered this. The court also notes that access to medical care in Morocco should have been considered. Lastly the reintegration has been focused on the Netherlands and the migrant’s behaviour has been good. The Dutch authorities did not come to a well-reasoned decision and have breached art. 8 ECHR.
- The European Court of Human Rights ruled on the 11th of April 2023 that article 8 ECHR has not been breached with the decision to deport a Moroccan migrant. His residence permit had been revoked and he was issued an entry ban for ten years, because he was convicted for multiple, mostly drug related, crimes. The court considered that even though the conviction (five months in prison) is relatively mild and the migrant has been staying in the Netherlands for a long time, the seriousness of the crime and the interest of the state to safeguard the public order weigh heavier. The migrant did not prove his relationship with his children. Given the fact that he spent a long time of his children’s childhood in prison and that the children can visit him in Morocco, there is no breach of art. 8 ECRM.
7. Citizenship
- Legislative proposal concerning regaining and loss of Dutch citizenship. The loss of nationality can be prevented with a onetime request for a Dutch passport during the time the person lives abroad. Currently a new passport needs to be requested every thirteen years to keep the Dutch citizenship. People that have lost the Dutch nationality because of this provision will be able to get their nationality back through an option procedure which will be available for two years.
A commonly used loophole procedure where people can avoid the obligation to renounce their original nationality when obtaining the Dutch nationality will be made impossible.
Both parents need to consent to the voluntary loss of nationality of a child.
- A new procedure has been introduced to determine statelessness. The aim is to offer better protection for stateless persons who find themselves in a very vulnerable position. With this procedure it will be easier to prove their status.
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