Migration in Burundi: History, Current Trends and Future - MGSoG ...

whereby highly-educated foreign nationals who have at least attained a master of arts
degree can obtain a residence permit with a maximum term of one year in order to find a
job in the Netherlands.
In general the Dutch policy on asylum cases, especially for groups affected by
conflict, has enabled many Burundians to acquire temporary and long-term stay permits,
and an increasing number have become naturalised citizens. The policy shift between
2002 and 2006 granted many Burundian migrants access to various opportunity
structures that enabled them to settle and to establish groups that cater to their welfare
needs and developmental input back in Burundi.
8.4 The Dutch migration policies and legislation: implications for Burundian
migrants
There are several pieces of legislation dealing with migration and refugees in the
Netherlands. These include the Netherlands Nationality Act (Rijkswet op het Nederlandschap)
and the Dutch Aliens Act of 2000 (Vreemdelingenwet 2000), which form the statutory basis
for forced and independent departure (Ministerie van Justitie, 2007). This policy will have
serious implications for Burundians seeking asylum or for those whose asylum requests
have been rejected. With the return of relative peace to Burundi, the position held on
Burundian asylum applications is likely to change and make it more difficult to be
granted asylum in the Netherlands. Due to a lack of institutional capacity, the
implementation of this law is also likely to be problematic within Burundi: the
government will be challenged to receive returnees and ensure that returnees do not
attempt re-emigration. The other legislation that is likely to impact Burundian migrants
is the 1985 naturalisation law, which allowed children born in Dutch territory to acquire
citizenship (Jacobs, 1998). According to this law dual nationality is not accepted, and
naturalisation means renouncing one’s previous nationality. As result many Burundians
who have acquired Dutch citizenship face difficulties in complying with the directive as
well as the treatment they expect from the Burundian government if dual citizenship is
not allowed.
Another legislation that is likely to impact many Burundian migrants is the Civic
Integration Act, which came into effect on 1 January, 2007. This law stipulates that all
foreign nationals in the Netherlands pass the civic integration examination (Dutch
National Contact Point for the European Migration Network, 2007). The overseas
integration test only applies to nationals of selected countries wishing to join family
members or spouses in the Netherlands (van Heelsum, 2006), and Burundians who wish
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