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.

In both 2022 and 2023, each less than 10 EU long-term residence permits were issued to beneficiaries of international protection. In 2024, ten EU long-term residence permits were issued to beneficiaries of international protection.

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 2024, this condition is not often an issue for the application of permanent asylum residence permits.[2]

The integration condition is often the most difficult condition 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.

The new government has proposed abolishing the permanent asylum permit. This was established in the coalition agreement and repeated in a letter to parliament about the asylum aid measures law (also known as the Asielnoodmaatregelenwet in Dutch).[3] On 24 December 2024, the government published a draft of the legislative proposal for abolishing the permanent asylum permit.[4] This proposal still needs to be approved by Parliament. If enacted, it will prevent the issuance of new permanent asylum permits. Instead, individuals granted international protection will only be eligible for temporary asylum permits, which must be renewed every three years. Should the proposal come into effect, no new permanent asylum permits will be issued, even to individuals who have already requested one. However, according to the proposal, beneficiaries who are already in possession of a permanent asylum permit are allowed to keep it and this permit will not cease if the circumstances in the country of origin will change. With this proposal, the Dutch government aims to limit immigration by aligning Dutch asylum policy more closely with that of other Member States.[5]

[1] Article 3.43b and 3.43e Aliens Regulation.

[2] This number is  based on questions answered by IND, received on 14 January February 2025.

[3] Coalition Agreement September 2024, available in Dutch at: https://bit.ly/49YBPLb; KST 19637, No. 3304, Letter to Parliament, 25 October 2024, available in Dutch at: https://bit.ly/49YBIzf.

[4] Draft legislative proposal Asielnoodmaatregelenwet, available in Dutch at: https://bit.ly/40nxVIm.

[5] Kamerstuk 36704 Wijziging van de Vreemdelingenwet 2000 en de Algemene wet bestuursrecht in verband met maatregelen om de asielketen te ontlasten en de instroom van asielzoekers te verminderen (Asielnoodmaatregelenwet), available at: https://bit.ly/43v7eUb.