Long-term residence

Author

Dutch Council for Refugees Visit Website

Pursuant to Article 45b(1)(d) and (e) of the Aliens Act, a beneficiary can obtain an EU long-term residence permit if he or she meets 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 its 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 him and his 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.

After five years of holding a temporary asylum permit (both refugees and subsidiary protection beneficiaries) in the Netherlands, a status holder 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 his permit. This means that the ground for asylum must still exist.
6. The status holder has fulfilled the integration requirement.
7. The status holder must be registered in the Personal Records Database (BRP) of his / her place of residence (municipality).
8. The status holder must pay legal fees. The legal fee for adults is €270 and for children € 70.[1]

If it is already clear that the status holder is not going to meet the integration condition (for example, someone does not yet have an integration diploma and that will also take considerable time), 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 Aliens Regulations.