IND assessing new family reunification rules in practice
Update Explained
The Immigration and Naturalisation Service (IND) in the Netherlands is beginning to assess a small number of family reunification applications under new laws effective from 12 June. These changes are part of a two-status system affecting asylum permit holders. Previously, the scope of family reunification included a broader definition of nuclear family members, but with the new rules, eligibility is restricted to core family members only. Notably, unmarried partners, adult children, and foster children are no longer eligible. Additionally, those under subsidiary protection, such as individuals fleeing war, must wait two years after obtaining their residence permits before applying for family reunification, and they must also demonstrate sufficient accommodation and financial means to support their families. To ensure legal consistency, the IND is processing a pilot scheme of applications before implementing these rules retroactively to over 19,000 pending cases filed before 12 June. A court ruling will ultimately provide clarity on these applications, which is crucial to avoid reevaluating previously processed cases.
What changed
The definition of who qualifies as a family member for reunification under asylum permits is narrowed. Unmarried partners, adult children, and foster children are excluded. Subsidiary protection holders now face a two-year waiting period and additional requirements.
Why it matters
Asylum seekers planning to reunite with their families in the Netherlands may face stricter eligibility conditions, limiting the scope of who can be classified as immediate family. Those under subsidiary protection must fulfill further requirements before applying for family reunification.
Who is affected
- Asylum permit holders in the Netherlands
- Family members of subsidiary protection holders
Key dates
Effective
Jun 12, 2023
From this date, the IND starts applying the new family reunification rules to a few cases.
Key details
- Eligibility for family reunification now limited to core family members.
- Subsidiary protection holders must wait two years and prove financial means and accommodation.
Important notes
Retroactive application of the new rules may lead to legal challenges, as identified by the Council of State.