Residence permit

Netherlands

Country Report: Residence permit Last updated: 30/04/24

Author

Dutch Council for Refugees Visit Website

Refugees and beneficiaries of subsidiary protection are granted temporary asylum status for 5 years.[1] Material rights are the same. The residence permit also has a validity of 5 years.[2]

Regardless of the ground on which the permit is granted, the permit entitles the status holder to the same rights and entitlements.

Procedure for granting a permit

The IND is responsible for issuing a residence permit. Asylum seekers who are granted temporary asylum (i.e. refugee status and subsidiary protection) status during their stay at the Application Centre are registered immediately in the Persons’ Database at the so called “BRP-straat” (BRP stands for Basisregistratie Personen, the Persons’ Database of the municipality) and will receive their temporary residence permit from the IND. There are no problems known to the Dutch Council for Refugees regarding this procedure.

Beneficiaries who already have been transferred to a Centre for Asylum Seekers (AZC) when granted temporary asylum status will, within a few weeks after the status has been granted, be invited to pick up their residence permit at one of the offices of the IND. There are no problems known to the Dutch Council for Refugees regarding this procedure.

Because of COVID-19 the “BRP-straat” was temporarily closed on several occasions in 2020. Therefore, there is a backlog in registration, also during 2021.  The “BRP-straat” did not close during 2022, but the backlog in registration was still present. Due to limited capacity, priority is given to the registration of refugees with a permit, who will be entitled to a house in a municipality. Priority is also given to family members of refugees who came to the Netherlands through family reunification. No priority is given to asylum seekers who want to be registered, unless they provide a specific reason (e.g. medical reasons). The backlog in registration in 2022 was caused partly by previous issues that originated from the pandemic, but also  due to limited capacity at the “BRP-straat”  and logistic problems. For example, the COA must transport people from the reception centers to the “BRP-straat”, but the service is not functioning well. So people can not reach the “BRP-straat” for their appointments. Since summer in 2021, family members of refugees who came to the Netherlands due to family reunification are registered at the “BRP-straat” in Emmen. Since the end of 2022, a part of them are instead registered at the “BRP-straat” in Budel. That is the case for family members of refugees that already have housing that is fitting for the whole familiy. During the COVID-19 crisis, various delays were registered in the time needed to receive the temporary residence permit (the document itself) from the IND. This was still the case both in 2021 and 2022. The delays increased. The problems were caused by a shortage of staff at the IND and an increasing amount of documents that had to be issued. There is a emergency procedure for people in need of a document for hospitalization or for keeping ones job for example. At the end of 2022 the delays decreased.

The first issuance of the temporary residence permit for refugees is free of charge. In case the residence permit is stolen or lost, the beneficiary is requested to report this to the police.[3] In order to acquire a new permit, a form, which can be found on the website of the IND, has to be completed and sent to the IND. A copy of the police report has to be included. Costs for renewing a residence permit are €146 for an adult and €70 for a child.

 

 

 

[1] Article 28(2) Aliens Act.

[2] Article 4.22(2) Aliens Decree.

[3] Article 4.22 Aliens Decree; Article 3.43c(1) Aliens Regulation.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation