Long-term residence

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EU long term residence permit

Pursuant to Article 45b(1)(d) and (e) of the Aliens Act, beneficiaries can obtain an EU long-term residence permit if they meet the requirements of Article 45b(2) of the Aliens Act:

• The applicant must have had legal stay for five continuously years and immediately preceding the application. In the aforementioned period, the applicant is not allowed to stay outside the Netherlands for six consecutive months or more, or in total ten months;
• Whether or not together with their family members, the applicant must have means which are independent, sustainable and sufficient;
• Is not convicted for a crime threatened with imprisonment of three years or more;
• Should not constitute a risk for national security;
• Must have adequate medical insurance for them and their family members; and
• Must have passed the integration test.

However, most beneficiaries do not apply for EU long-term resident status, but for permanent asylum status on the basis of Article 33 of the Aliens Act (verblijfsvergunning onbepaalde tijd asiel). This status gives basically the same rights and entitlements as the EU long-term resident status with regard to a stay in the Netherlands. The permanent asylum status is obtainable without proving that sufficient means are available.

Permanent asylum residence permit

After five years of holding a temporary asylum permit  in the Netherlands, both refugees and subsidiary protection beneficiaries may be eligible for a permanent asylum residence permit. The conditions that apply to the permanent residence permit application are the following:

1. The status holder has lawful residence in the Netherlands on the basis of a temporary asylum residence permit.
2. The status holder has resided lawfully in the Netherlands for more than 5 years without interruption.
3. The status holder has not provided incorrect information or concealed any information that could have caused the IND to reject the asylum application.
4. The status holder is not a threat to public order or national security.
5. The status holder meets the conditions of their permit. This means that the ground for asylum must still exist. This is examined on a case by case basis.
6. The status holder has fulfilled the integration requirement.
7. The status holder must be registered in the Personal Records Database (BRP) of their place of residence (municipality).
8. The status holder must pay legal fees. The legal fee for adults is € 228 and for children € 76.^[1]

If the IND finds that the status holder no longer meets the conditions of the asylum permit (condition number 5 above), revocation of the temporary residence permit will also follow (see Cessation and review of protection status). As only 110 temporary asylum permits have been revoked in total in 2023, this condition is not often an issue for the application of permanent asylum residence permits.[2]

The integration condition is often the most difficult condtition to meet, as it takes considerable time to pass all the integration exams. However, when it is already clear that the status holder is not going to meet the integration condition, it is better to apply for an extension of the temporary asylum status. There are no legal fees for the application of an extension. The permanent asylum status can be requested at any time after extending the temporary asylum status when the conditions are met.

^{[1] Article 3.43b and 3.43e Aliens Regulation.}

^{[2] KST 36410-VI-27, no. 27, List of questions and answers for the determination of the budget of the Ministry of Justice and Security 2024, available in Dutch at: https://bit.ly/3P3eajd. These figures are partly based on questions answered by IND, received on 27 February 2024.}