Conditions for Immigration to the Netherlands through Asylum

The Netherlands is one of the European Union and Schengen area countries where many individuals seek immigration through various ways every year. Known as the country of windmills and tulips, the Netherlands annually welcomes a large number of immigrants from around the world. One of the methods of immigration to this country, alongside study, work, and other methods, is immigration to the Netherlands through asylum.

Under the Geneva Convention, the Netherlands is obligated to support qualified asylum seekers who can prove they are at risk due to serious threats. However, some individuals misuse this process by making false claims.

Asylum seekers often enter the Netherlands illegally, facing serious dangers along the way. In the following sections, we’ll explore the conditions and legal process for seeking asylum in the Netherlands.

Conditions for Asylum in the Netherlands

The conditions for asylum in the Netherlands are as follows:

1. Physical presence in the territory of the Netherlands
2. Providing valid reasons for fear of returning to the country
3. Registering the asylum request at the Ter Apel center
4. Conducting initial and main interviews
5. Reviewing identity documents and papers
6. No safe return to the country of origin
7. Full cooperation with Dutch immigration authorities

Understanding Asylum and the Geneva Convention

The Netherlands, as a member of the 1951 Geneva Convention, supports refugees who meet specific criteria. A true refugee is someone who faces threats such as persecution, torture, or danger to their life due to religion, race, politics, or social group.

If their claim is verified, they may receive asylum and protection in the Netherlands. It’s important to note that Malekpour Institute does not offer asylum services—this content is for informational purposes only.

How Asylum Cases are Processed in the Netherlands

Experience of Seeking Asylum in the Netherlands

Asylum seekers typically use illegal means to enter the Netherlands. They may also enter the country with a tourist visa and apply for asylum there. Generally, following these illegal paths comes with many risks. For this reason, Malekpour Institute does not recommend this method at all.

Experience has shown that a large number of refugees lose their lives each year due to passing through these dangerous routes. Additionally, during this process, individuals often have to completely trust human traffickers without any documentation and hand over their belongings to them.

Asylum Cases in the Netherlands

As mentioned in the previous sections, individuals seek asylum in another country due to reasons such as race, ethnicity, religion, membership in specific groups, or political and social reasons, fearing for their lives.

An asylum case is essentially the reason for that asylum seeker’s claim, which is examined in the Dutch courts. In addition to these reasons, due to increasing conflict statistics in various countries, member countries of the Geneva Convention generally accept war refugees as well.

One of the biggest reasons that Malekpour Institute does not recommend this method to you is that if you do not qualify for asylum, you will need to fabricate a false asylum case in the Netherlands.

Best Asylum Case in the Netherlands

There is no such thing as the best asylum case in the Netherlands. Asylum comes with high risks and dangers, therefore we cannot endorse any asylum cases. Malekpour Institute does not engage in any activities related to asylum in any country. Therefore, our recommendation to you is to explore other immigration methods to the Netherlands.

Legal Asylum Process in the Netherlands

Foreign nationals wishing to seek asylum in the Netherlands must first report to the Immigration and Naturalization Service of the Netherlands (IND) located in Ter Apel. After reporting their asylum application, the next step is identification and registration. The asylum seeker is then transferred to a reception center, where their asylum application process will begin.

Asylum seekers have a minimum of six days to recover and prepare after their journey to the Netherlands. The asylum process for these individuals begins after this six-day period. During this recovery and preparation time, asylum seekers will be given information about seeking asylum in the Netherlands. They will also receive assistance from a lawyer for their asylum matters.

A special interview is arranged for asylum seekers, during which they explain what they experienced in their home country and why they left. An interpreter is provided for refugees in the Netherlands. In the interview, the asylum seeker can count on the help of a lawyer or a representative from the Refugee Council. The Netherlands allows asylum seekers to speak freely during this interview. It also allows the IND to ask questions when necessary.

If the IND approves an asylum application, the individual can stay in the Netherlands. If rejected, the applicant must return to their home country but can appeal the decision in regional court and remain during the review. Asylum seekers already in an EU country must undergo interviews immediately without a rest period and must provide stronger justification for seeking asylum in the Netherlands.

Additionally, this interview does not take place in the presence of a lawyer, and after the interview, the asylum seeker may acquire a lawyer and report additional clarifications to the Dutch immigration office (IND). If these explanations are not accepted by the IND, they must leave the Netherlands.

Life in the Netherlands for Asylum Seekers

Refugees in the Netherlands face strict financial regulations. Since 2008, they must allocate at least 75% of their income toward daily expenses like food, clothing, and housing. Refugees are also required to declare any assets to the Dutch refugee agency (COA). COA data shows refugees paid hundreds of thousands of euros annually for their upkeep, with nearly 47,000 refugees currently residing in the Netherlands.

Disadvantages of Seeking Asylum in the Netherlands

While seeking asylum in the Netherlands provides a way for protection and a chance for a fresh start, it is essential to acknowledge some of the disadvantages associated with this process. These disadvantages include:

The asylum application process in the Netherlands may be time-consuming, leading to prolonged uncertainty for applicants. Delays in decision-making can significantly impact individuals awaiting asylum status.

Asylum requests in the Netherlands often exceed the capacity of reception centers, resulting in cramped living conditions. This can lead to challenges regarding privacy, hygiene, and public well-being.

Asylum seekers may face limitations on job opportunities while their applications are under review. This restriction can hinder their ability to engage in society and lead to multiple financial problems.

The official language in the Netherlands is Dutch, and language barriers can present significant challenges for asylum seekers. Communication difficulties may affect access to essential services and hinder effective integration.

Until a final decision is made regarding applicants’ asylum requests, they often live with an uncertain legal status. This uncertainty can affect their ability to plan for the future and build a stable life.

There is always a risk of rejection of the asylum application, leading to potential expulsion. Being rejected can have severe consequences and may force individuals to return to their home countries under undesirable circumstances.

Asylum seekers may encounter challenges when trying to reunite with family members. Strict regulations and criteria for family visits can lead to long-term separations and emotional distress.

The asylum process, combined with the uncertainty of outcomes, can impose significant psychological stress on individuals. Support for mental health may be limited and adds to the general challenges that asylum seekers face.

Changes in immigration policies can affect eligibility criteria for asylum. Changes may lead to repeating the review process or altering conditions for applicants, impacting their chances of receiving asylum.

For individuals intending to seek asylum in the Netherlands, it is crucial to be aware of these disadvantages and seek appropriate support and information throughout the application process. Understanding the challenges can help applicants make informed decisions and navigate the complexities associated with seeking asylum in a new country.

Monthly Allowance for Asylum in the Netherlands

Refugees in the Netherlands receive monthly allowances to meet their basic needs. This allowance is provided to individuals or families while their asylum application is under review. This amount is intended to assist refugees in covering essential costs such as food, clothing, personal items, and transportation.

The exact amount of asylum benefits in the Netherlands can vary and changes based on government policies and regulations. Typically, it is determined by factors such as the individual’s or family’s composition and specific circumstances. Additionally, any changes in the refugee’s status, such as obtaining a residence permit, may affect the allowance provided.

Asylum Camps in the Netherlands

The Netherlands offers temporary accommodation for asylum seekers through asylum centres. These facilities provide basic housing, food, and support while applications are reviewed. Conditions depend on government policies and the number of arrivals. Overcrowding can affect quality, but the Dutch government works with organizations to ensure humane living standards. The duration of stay varies based on each asylum case.

What is the Humanitarian Visa for the Netherlands?

The humanitarian visa for the Netherlands is a type of residence permit granted to individuals facing serious threats in their home countries, such as war, torture, or severe persecution, but who do not necessarily meet full asylum conditions. This visa can include specific humanitarian cases, serious illnesses without treatment options in the home country, or reunification with relatives in specific circumstances.

Seeking Asylum in the Netherlands with a Tourist Visa

It is possible to seek asylum with a Dutch tourist visa; after entering the territory of the Netherlands and before the visa expires, one can apply for asylum. However, this route is risky and may result in return or rejection of the application unless the reasons for asylum are thoroughly valid and documented.

Legal Immigration Methods to the Netherlands

As you may know, there are six main methods to immigrate to the Netherlands: birth, marriage, asylum, work, study, and investment, which we have addressed in this article concerning asylum in the Netherlands. However, given the life and financial risks and the significant issues mentioned, asylum is by no means recommended. Therefore, we invite you to explore five other immigration methods to the Netherlands:

Studying in the Netherlands

Dutch universities like Delft University of Technology, University of Amsterdam, and Eindhoven University of Technology rank among the world’s top 100. To apply, you need an IELTS certificate: minimum 6 for a 3-4 year bachelor’s and 6.5 for a 1-2 year master’s program.

After graduation, you can stay in the Netherlands for up to one year to find work. Outstanding students with strong academic records, the right age, and high language scores may also qualify for Dutch scholarships.

Work in the Netherlands

The Netherlands is among the countries that require a job offer to obtain a work visa. If you have a valid job offer from a Dutch employer, you can apply for a Dutch work visa. Job offers can be found on reputable job placement websites in the Netherlands.

Investment in the Netherlands

The Netherlands boasts a strong economy and high GDP, with excellent protections for foreign investors. You can invest by buying property, starting a business, or purchasing government bonds.

However, only entrepreneurship with an investment of €1,250,000 or more qualifies for residency. This investment grants a 5-year temporary residence, followed by permanent residency in the Netherlands.

Birth in the Netherlands

To obtain residence in the Netherlands through birth, you must be aware that this country follows the principle of blood citizenship. Under blood citizenship, at least one parent must be Dutch for the born child to obtain Dutch citizenship, while under territoriality, mere birth within a country’s territory grants citizenship to that country.

Marriage in the Netherlands

If you marry a Dutch citizen, you can obtain residence in the Netherlands, but you must prove that the marriage is genuine and not fictitious. You must also demonstrate that at least five years have passed since the couple began cohabitation.

The spouse residing in the Netherlands must show that they have a job and income sufficient to manage their shared life and expenses.

Frequently Asked Questions about Asylum in the Netherlands

• Can one obtain nationality in this country through asylum in the Netherlands?

Only a small portion of asylum applicants who face serious and genuine issues prompting them to flee (war-fleeing, danger of death, etc.) can seek asylum in the Netherlands and other countries; the rest are often deported.

• Is seeking asylum in the Netherlands a good method?

No. Due to the impossibility of returning to the country of origin, the risks along the journey, the difficulty of living in camps, the lack of guaranteed success for asylum applications, and the existence of alternative methods, the asylum route in the Netherlands is not recommended at all.

• Has the Netherlands accepted the Geneva Convention?

Yes. The Netherlands is considered a country that is a signatory to this convention.

• What services does Malekpour Institute provide regarding asylum?

Malekpour Institute considers seeking asylum to be a misguided approach and does not offer any services in this field.

• Does the Netherlands accept refugees?

Yes, the Netherlands accepts refugees, but only those who have strong and legal reasons for asylum, such as credible fear of persecution, torture, or serious threats.

• Is seeking asylum in the Netherlands possible with a Schengen visa?

Seeking asylum with a Schengen visa is possible, provided that the individual introduces themselves to the Dutch immigration authorities and has convincing reasons for seeking asylum.

• Is seeking asylum in the Netherlands possible with a change of religion?

Seeking asylum by changing one’s religion may be possible if you can prove that your change in belief leads to life-threatening conditions or serious persecution in your home country.

This article reviewed the main laws and conditions for asylum in the Netherlands. Before seeking asylum, it’s important to assess your personal situation carefully. Many people may qualify for legal immigration to the Netherlands through study, work, or investment but remain unaware of safer options. Asylum involves serious risks and should be a last resort. For further guidance, leave your questions in the comment section or contact Malekpour Institute for a free consultation with our legal experts.