Asylum and refugee law

Asylum and refugee law

Have you fled your country of origin on the grounds of your

Religion;
race;
Political affiliation;
Nationality;

or because you ran the risk of inhumane treatment? Then you can apply for asylum in the Netherlands. The Immigration and Naturalization Service (IND) decides whether you can get a residence permit. In Asylum procedures you will be assisted by us FREE of charge from the beginning to the end of the procedure.
Do you have questions about the asylum procedure? Then don’t hesitate and contact us directly.
We are happy to help you!

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How does an asylum procedure work?

If you want to apply for asylum, you must first report Ter Apel, where the IND application centre is located. The Department of the Foreign police, Identification and Human trafficking (AVIM) is located there. The AVIM registers your personal details, such as name, date of birth and nationality, and takes the fingerprints of all newcomers
Applying asylum seeker by the application centre
In the application centre you must sign the asylum application. The IND will ask you about your identity, nationality, and travel route in the first meeting. After registration, the IND determines which procedure applies. The IND also checks whether you are already registered in another country. An asylum seeker must go through his procedure in the country where he was first registered. This is in accordance with agreements in the European Union (EU). This is called the Dublin Regulation. 

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Rest and preparation time

If you are an asylum seeker you will be given shelter, this will be arranged by the Central Agency for the Reception of Asylum seekers (COA), and you will be medically examined. To recover from the journey, you will have at least 6 days to relax and prepare for your asylum application. Only then will the real asylum start. 

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General Asylum Procedure (AA) 

The general asylum procedure (AA) takes a maximum of 8 days. In this you tell your story, and the IND assesses your application.

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Extended asylum procedure

Sometimes the assessment cannot be made within 8 days because more time is needed for research. If this happens, you will then enter the extended asylum procedure. 

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Asylum application decision

The IND must decide within 6 months whether you will receive a residence permit. The IND can extend this period up to a maximum of 15 months. For example, if more research is needed. Sarac advocatuur can appeal this decision on your behalf. 

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Fast asylum procedure

There is a faster procedure if:
  • another member of the EU is responsible for processing he asylum application (Dublin Regulation). 
  • If you have already found protection in another country.
  • If you are from a safe country
 
You will then not be given any rest and preparation time and there will only be one interview with the IND. In that interview you can indicate you cannot go to another EU Member State. Or why your country is not safe for you.
The IND takes a quick decision in these procedures. If you come from a safe country as an asylum seeker, you must leave the Netherlands immediately. 

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Temporary residence permit

If you receive an asylum permit, then the first permit is a temporary permit that is valid for 5 years. At that time, you will be given various rights and obligations. This is what you are entitled to:
  • access to integration programs 
  • housing
  • social services 
  • access to work 

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Residence permit for unlimited time

After 5 years, the IND will check whether you still need protection and whether you have successfully completed the integration exam. In that case you are entitled to a residence permit for an indefinite period. This means that you can live in the Netherlands for the rest of your life. This permit can be revoked if you commit a serious crime.
Rejection of asylum application
If the decision is negative, you must leave the Netherlands. This may be done under the supervision of the Repatriation & Departure Service (DT&V). Sarac advocatuur can appeal this decision on your behalf. 

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