Immigration law, asylum policy & naturalization

Immigration law, asylum policy & naturalization

Dutch immigration law is a web of various national and European legislative frameworks. The IND is the primary executive body in immigration matters and decides on applications, rejections, and approvals. In addition, there are government agencies such as the COA, the Aliens Police, and the DT&V, which have various tasks regarding naturalization and asylum policy. We provide guidance in all kinds of disputes within the realm of immigration law.

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of immigration law. Contact us to discuss the possibilities.

Immigration law is administrative law: the IND's decision is central

Immigration law is, at its core, administrative law. The Immigration and Naturalisation Service (IND) is an administrative body, and every decision regarding an application—granting, rejecting, or withdrawing—is a decision within the meaning of the General Administrative Law Act (Awb). Consequently, the standard safeguards of administrative law apply: the IND must conduct a thorough investigation (Article 3:2 Awb), provide proper reasons for the decision (Article 3:46 Awb), and weigh all relevant interests (Article 3:4 Awb). Administrative legal protection is available against an unfavorable decision. In addition, the special framework of the Aliens Act 2000, the Aliens Decree 2000, and numerous European directives applies. For those using this page as a starting point: please also see our main area of ​​expertise, Administrative Law, where the same Awb system applies to subsidies, enforcement, and permits.

Residence permits and MVV: applying for regular residence

Most immigration cases revolve around a regular residence permit. Anyone wishing to stay in the Netherlands for longer than ninety days who does not hold the nationality of an EU/EEA country or Switzerland requires a residence permit and often, first, an authorization for provisional residence (MVV) to enter the Netherlands. The grounds for residence determine the conditions: salaried employment, study, residence with a partner or family member, or self-employment. We guide the application process, compile the correct documents, and monitor deadlines to ensure that an application does not fail due to a formal error or a missing supporting document.

Highly skilled migrants and business immigration law for employers

Immigration law is not just a matter for private individuals. Employers – from an international group hiring a foreign specialist to the hospitality entrepreneur or the baker on the corner wishing to employ staff from outside the EU – have to deal with the skilled migrant scheme, recognized sponsorship with the IND, salary criteria, and the Foreign Nationals Employment Act (Wav). An incorrect or missing work permit can lead to substantial fines. Our corporate counsel and lawyers advise employers on admission, compliance, and the consequences of enforcement, and assist both large enterprises and small SMEs. In this regard, please also see our page on enforcement decisions.

Family reunification, partner residence and Chavez-Vilchez

Residence with a family member or partner is a common ground, with its own income, age, and civic integration requirements. European law plays a major role here: under the Family Reunification Directive and EU citizenship, a right of residence may arise that the IND may not simply refuse. A well-known example is the Chavez-Vilchez line, under which a parent from a third country can derive a right of residence from caring for a Dutch child. Complex questions regarding continued residence also arise in the event of a relationship breaking down within the first years of residence. We assess, on a case-by-case basis, which route offers the strongest chance of success.

Asylum procedure and asylum policy

In addition to regular residence, immigration law includes asylum law: protection for those who have fled their country due to war, persecution, or a real risk of serious harm. The asylum application follows a fixed procedure, in which the IND makes a decision in a General Asylum Procedure (AA) or, in the case of further investigation, an Extended Asylum Procedure (VA). Important topics include the credibility assessment of the asylum narrative, the Dublin Regulation (which EU Member State must process the application), and family reunification for relatives of a status holder. Asylum policy changes regularly due to new legislation and case law; we monitor these developments so that our advice remains up-to-date.

Objection, appeal and further appeal against an IND decision

If an application is rejected, that is rarely the final destination. In regular cases, an objection can be lodged with the IND within the period specified in the decision – usually four weeks (Article 7:1 of the General Administrative Law Act). If the IND upholds the decision, an appeal is possible at the District Court (Immigration Division). In asylum cases, the objection phase is often skipped, and the applicant goes directly to appeal. An appeal against the District Court's ruling is possible before the Administrative Jurisdiction Division of the Council of State. Sometimes urgency is required: if deportation is imminent, a preliminary injunction (Article 8:81 of the General Administrative Law Act) can be requested to suspend the deportation. We draft the notices of objection and appeal, speak at the hearing, and monitor every deadline.

Naturalization and the option procedure: becoming a Dutch citizen

Anyone wishing to become a Dutch national usually goes through the naturalization procedure under the Dutch Nationality Act. The general rule is that the applicant must have resided lawfully in the Netherlands (or the Kingdom) for at least five consecutive years with a valid residence permit, be sufficiently integrated – to be proven by an integration diploma or the naturalization test – and have no recent criminal convictions. A shorter term applies to those who have lived with a Dutch partner for at least three years. In addition to naturalization, there is a faster and cheaper option procedure for specific categories, such as people who were born and raised here or who have long-term lawful residence. In the event of a rejection of a naturalization request, objection and appeal are also possible in this case. We assess in advance whether all conditions have been met and, if necessary, guide the procedure.

Revocation, entry ban and declaration of undesirability

Immigration law also has the other side: the IND can revoke a residence permit, impose an entry ban, or declare a foreign national undesirable, for example following criminal offenses or in cases of doubt regarding the accuracy of previous records. These are far-reaching decisions with significant consequences for residence and, in the event of revocation of Dutch citizenship, for nationality. Administrative legal remedies also apply to these decisions. Swift and expert action is essential here; we immediately assess which defenses and time limits apply.

Why MKB Juristen for immigration law

At MKB Juristen, you work with mixed teams of lawyers and in-house counsel. This allows us to combine procedural clout with practical, cost-conscious advice. We serve the entire spectrum: from an international corporation bringing skilled migrants to the Netherlands, to an individual applicant requiring a residence permit or naturalization, to the baker on the corner dealing with the Foreign Nationals Employment Act (Wav). Whether it concerns an application, an objection procedure, or an appeal to the administrative court: we think from your perspective and chart the right course. Contact us to discuss your situation without obligation.