legal and social conditions for asylum seekers and refugees in ...

An application for asylum in the country of origin or in a third country can be made at the Dutch
embassy. The embassy will gather the relevant information and submit it to the IND through the
Ministry of Foreign Affairs. The embassy will be requested to deliver a visa to the asylum seeker
in case of a positive decision, or to inform him/her if the decision is negative. This procedure is
rarely used.
Family reunification
Eligibility and requirements: the Dutch regulations on family reunification distinguish between:
(a) Ordinary family reunification with spouses and unmarried minor children;
(b) Reunification with other, dependent relatives, where it can be demonstrated that continued
separation would cause excessive problems for those left behind;
(c) Reunification with parents and more distant relatives, such as uncles and aunts, who have
been left to face unendurable financial, social or emotional conditions.
In practice, family members in group (a) above are granted entry and residence permits without
having to prove their dependence, whilst those in groups (b) and (c) must provide clear evidence,
not only of their family connections, but of the degree of dependence. Unmarried couples
(including same sex partners) must provide proof of their relationship and of their income and
housing in the Netherlands.
Convention refugees do not need to satisfy income or housing requirements if they apply for
family reunification within six months after the granting of the status, provided that family
members have the same nationality. For family members other than the spouse or minor children,
family members with a different nationality or where a request is submitted after the abovementioned
six-month period; convention refugees must be able to demonstrate an income which
is at least 70% of the minimum income level required in the National Assistance Act.
Persons granted a residence permit for humanitarian reasons must, like other aliens, satisfy
100% of the income requirement in accordance with the General National Assistance Act and
must meet a housing requirement.
Persons under temporary protection are not entitled to family reunification.
Procedure: an application for family reunification may be submitted at any Dutch diplomatic
representation abroad as well as in the Netherlands. Decisions are made by the Ministry of
Justice (formally the State Secretary) and may be appealed. Families have to pay their own travel
expenses, but may apply to private foundations for assistance.
Status of the reunified family members: spouses and minor children of Convention refugees –
including quota refugees – are also granted Convention status if they have the same nationality
and the application is submitted within six months after the status has been granted.
Spouses and minor children of persons who have been granted humanitarian status are not also
automatically eligible for humanitarian status. The Ministry of Justice determines this on a caseby-case
basis.
Statistics: there are no specific data regarding family reunification for refugees and persons
granted humanitarian status. Based on research conducted by the Dutch Office of Statistics, it is
estimated that approximately 3,500 family members were allowed to be reunited with Convention
refugees and persons with humanitarian status in 1997 and 1,700 family members in 1998.
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The Netherlands