Limited-term asylum: what does it mean for you?

Transcription

1 Limited-term asylum: what does it mean for you? Your request for asylum has been granted. You will be given asylum. This is stated in the IND decision which you have just received. Your legal aid provider (solicitor) or assistant from the Vluchtelingenwerk, the Refugee Council, will explain more about the decision. This decision has important consequences for you: 1. You will receive a residence permit 2. Your next-of-kin can apply to live in the Netherlands 3. You can look for a home of your own 4. You must learn Dutch 5. You are allowed to work 6. Your children must go to school 7. You are allowed to travel abroad This document explains more about these rights and duties. Read the information carefully: it can be very important to you!

2 1 You will receive a residence permit This residence permit shows that you are allowed to live in the Netherlands. Just like your W-document, the residence permit is a pass. 1.1 What do you have to do? > Hand in your W-document. In a few weeks you will receive a letter stating which IND office you can collect your pass from and when. When you collect your residence permit you must hand in your W-document. > Register with the local authority You are obliged to register in the Basisregistratie Personen (BRP), the Persons Database. If you haven t already registered, you should take the IND s decision to the local authority offices of the town or city where you are living. Registration in the BRP is very important for you. Many official bodies need to obtain your records from the BRP in order to help you. Make sure that the local authority records your name and date of birth (and those of your children) correctly and fully in the BRP. It is very difficult to correct mistakes later. Take as many documents as possible with you: for example, your birth certificate, marriage certificate and ID card. Note: If you move house you must have your address details changed in the BRP. It is very important for you that all the official bodies that use your BRP record have the correct address. > Always carry your residence permit with you Your residence permit is also your proof of identity in the Netherlands. In the Netherlands everyone aged 14 and over must be able to present identification. That means that you must be able to show your residence permit if the police or another supervising authority requests it. It is an offence if you cannot show proof of identity, and you may be fined. 1.2 Any questions? What does limited term mean? You have asylum for a limited term. The decision states how long your asylum is valid for. This is also on your residence permit (pass). You can request asylum for an unlimited term when your limited-term asylum is almost due to expire. However you must not send in your application too soon: you can send in your application at the earliest four weeks before the expiry of your limited-term asylum. You are yourself responsible for sending in the application in time. You can also order the Aanvraag verblijfsvergunning asiel onbepaalde tijd form [Application for unlimited-term asylum] yourself from the IND. Page 2 of 11

3 Note: Remember that under the Citizenship Law, as from 1 January 2010 you must have taken the civic integration exam in order to apply for unlimited-term asylum. See section 4 of this leaflet for more information, and for updated information visit the IND web site: Can the IND withdraw my asylum? The IND can withdraw your limited-term asylum. Your asylum can be withdrawn if it appears either that you gave incorrect details during the asylum procedure, or have your main residence outside the Netherlands (see Section 7) or if you are sentenced for committing a crime. If the IND intends to withdraw your asylum, it will first send you a letter about this. You can object to this with the help of your legal aid provider (solicitor) if you do not agree with the IND. What should I do if my residence permit is lost or stolen? Report it to the police. Then request a new residence permit from the IND. You will need the form Aanvraag vervanging, vernieuwing of eerste aanvraag vreemdelingendocument [Request replacement, renewal or first request for an alien s identity card]. You may be charged for this. Do you want to order an application form? Or have you any other questions about your residence permit? Call the IND: (local rate) or check the IND s website: Page 3 of 11

4 2 Your next-of-kin can apply to live in the Netherlands Your next-of-kin who are still abroad can apply for a residence permit so that they can live with you in the Netherlands. 2.1 What do you have to do? > Ask your legal aid provider (solicitor) about the conditions Certain conditions apply to the residence permit that your next-of-kin need. Your legal aid provider (solicitor) can explain the other conditions in detail to you. > Start the procedure for your next-of-kin within three months Your next-of-kin need a Machtiging tot Voorlopig Verblijf (MVV), that is, temporary leave to remain, in order to travel to the Netherlands. An MVV is a sort of visa in the passport for someone who wants to live in the Netherlands for an extended time. If the IND has decided to grant your MVV application (visa), a sticker will be placed in the passport of your family members so that they can enter the Netherlands. You can submit the application for your family members in the Netherlands or ask your next-of-kin to apply for an MVV from the Dutch embassy in their country of residence. Some countries have no Dutch embassy. If this is the case, your next-of-kin will have to travel to a country where there is a Dutch embassy. Once you have submitted the application, the IND needs about three months to take a decision. If the IND decides in favour of their MVV application, your next-of-kin can collect the MVV sticker from the Dutch embassy. That may mean that your next-of-kin will have to make the trip however far to the Dutch embassy several times, or will have to stay in the neighbourhood of the embassy while the MVV application is being processed (which will be at least three months). With the MVV sticker they will be given a letter stating which IND location they are to report to when they arrive in the Netherlands. Note: you or your next-of-kin must start the MVV procedure within three months of you receiving the decision stating that your request for asylum has been granted. Even if you currently do not know the whereabouts of your next-of-kin, you must submit this request within three months if you want your next-of-kin to stay with you in the Netherlands (in due course). Do you want to start the MVV procedure? Order the application form Aanvraag voor een machtiging tot voorlopig verblijf nareizigers asiel [Application for temporary residence authorisation subsequent travellers asylum] from the IND. Call the IND: (local rate) or check the IND s website: Page 4 of 11

5 2.2 Any questions? My request for asylum was approved more than three months ago. What do I have to do? You can start a normal procedure for family reunion for your next-of-kin. Different conditions apply for this procedure than for the asylum procedure. Amongst other things you must have sufficient income to support your next-of-kin. For this MVV procedure you use the same application form: Aanvraag voor het verblijfsdoel familie en gezin. What rules apply to my children if they are born in the Netherlands? If you have children who are born in the Netherlands they will also need a residence permit. You can apply for this residence permit for your child. First of all, register your child with your local authority (BRP). Then order the Aanvraag verblijfsvergunning zonder mvv form from the IND. If the mother of your child is Dutch, your child is also Dutch. Dutch children do not in that case need a residence permit. If the father of your child is Dutch, your child is also Dutch if you are married to the father. If you are not married, the father must acknowledge your child before it is born. He can do this at the local authority offices of the town or city where he lives. If the father has acknowledged your child before birth, your child is also Dutch. Do you want to order an application form? Or do you have any other questions about family reunion? Call the IND: (local rate) or check the IND s website: Page 5 of 11

6 3 You can look for a home of your own You do not have to continue living in the reception centre of the Centraal Orgaan opvang asielzoekers (COA), the Central Agency for the Reception of Asylum Seekers. You are allowed to look for accommodation of your own. The COA can help you finding your own place. Until you have your own accommodation, you can stay in the COA s reception centre. 3.1 What do you have to do? > Take out health insurance As long as you continue to live in the reception centre, the COA will take care that you are insured. When you move into your own home, you must take out insurance yourself. You are legally obliged to take out health insurance. Once you have taken out health insurance, you can register with a family doctor and a dentist. The family doctor can arrange for you to go to the hospital or other medical specialists if necessary. Legal liability insurance compensates for losses accidentally caused by yourself or your children. You can choose the insurer that you want to conclude insurance with. You are not obliged to take out legal liability insurance, but it is advisable. It is also advisable to conclude property and fire insurance. > Apply for care allowance and rent allowance If you have a low income, the Dutch government can help you pay the rent for your home and the premium for the health insurance. These are called huurtoeslag (rent allowance) and zorgtoeslag (care allowance). You can apply for them from the tax office: Tel. no The local authority where you are going to live can lend you money to set up your new home. This is called an inrichtingskrediet (furniture loan). 3.2 Any questions? Do you have any questions about housing? Ask the COA assistants in the reception centre or at the local authority offices of the town or city where you are going to live. Page 6 of 11

7 4 You must learn Dutch You are obliged to learn the Dutch language and about the rules and customs of the Netherlands. We call it inburgering, or civic integration. The local authority where you live once you leave the COA reception centre will help you. 4.1 What do you have to do? > Civic integration Once you have been given a temporary asylum residence permit ( Asiel bepaalde tijd ), you will receive a letter from the Executive Agency for Education (Dienst Uitvoering Onderwijs DUO). This letter will inform you about your civic integration obligations. These include learning about the Netherlands and learning the Dutch language. You will also learn about life in the Netherlands. If you do not take this civic integration course, you may be fined by the DUO. If you are under the age of 18 or have reached the statutory retirement age you will not be subject to this civic integration obligation and will not be required to take the civic integration course. 4.2 Any questions? Would you like more information about civic integration? If so, see You can also contact the DUO. The telephone number of the DUO civic integration line (Inburgeringstelefoon) is You can also go to the service office or exam location. The addresses are given at Page 7 of 11

8 5 You are allowed to work Your employer does not need an employment permit for this. If you cannot find work, you are entitled to financial aid (social security) from the government. 5.1 What do you have to do? > Apply for a Burger Service Nummer A Burger Service Nummer (BSN) is a number registering you with the tax authorities. You need this number to receive wages or benefits. Before you apply for your Burger Service Nummer you should register in the BRP (local authority) and wait to receive your residence permit (pass). You can apply for the Burger Service Nummer at the offices of the tax authorities in the region where you live. The addresses of the tax offices are given at > Open a bank account You will also need your own bank account to be able to receive wages or benefits. If you do not have your own bank account yet, you should open one as soon as possible. You can do this in principle with any bank. Take your residence permit (pass) with you! > Go to the Netherlands Employees Insurance Agency UWV) at your place of residence The UWV can help you to find a job. If you and the UWV are not immediately able to find a job for you and you do not have enough money to live on, the UWV will help you to apply for financial support from the government: social security benefits. The UWV will send your application to the local authority. The local authority s Social Services Department will handle your application and pay out benefits. Ask at the local authority offices of your place of residence which UWV office to go to. 5.2 Any questions? Do you have any questions about work or benefits? Ask at the UWV office in the region where you live. Page 8 of 11

9 6 Your children must go to school In the Netherlands all children have to go to school between their fifth and seventeenth year: they are of school age. Most children in the Netherlands go to school from their fourth year. 6.1 What do you have to do? > Register your children for schooling You can also select a school for your children. If your children do not go to school, you may be fined or even sentenced to prison. > Apply for child benefit If you have children aged under 18, the Dutch government will contribute to the costs of bringing up your child: child benefit. You can apply for child benefit from the Sociale Verzekeringsbank (SVB), the Social Insurance Bank. You can get a form for this when you register with the local authority. You can also find more information at Any questions? I am an adult, can I go to school too? As well as the compulsory civic integration course, you can if you want pursue an education. Will you be aged less than 30 when you start to study? If so, you can apply for student financing: the Dutch government will then contribute to the costs of your study and your subsistence. You should apply for this from the Executive Agency for Education (DUO). Call the DUO: or check the website: If you do not meet the conditions for student financing, you should contact the UAF, the foundation for refugee students. Under certain conditions they can also offer you financial support. Call the UAF: or check the website: Do you have any other questions about education? Please ask at the local authority offices of your place of residence. Or call the number of the Government of the Netherlands: Education: You can also check the website: Page 9 of 11

10 7 You are allowed to travel abroad If you go to live in another country, the IND may withdraw your Dutch asylum. You are however allowed to travel abroad, for example on holiday or on a business trip. 7.1 What do you have to do? > Do not stay abroad too long If you stay abroad too long, your asylum may be withdrawn. Too long means: for more than six successive months at one time or more than four successive months for three years in a row. This is subject to an exception: if you have been granted asylum for a fixed period of time, it has been granted on one of the following grounds: You are being persecuted in your country of origin owing to your race, religion, nationality, political convictions or for being a member of a certain social grouping. You are at risk of inhuman treatment, such as torture, in your country of origin. This permit is not withdrawn owing to a long stay abroad. Are you going abroad for a lengthy period? Ask the IND about the possible consequences for your asylum. The IND can also tell you whether it is necessary to notify the immigration police about your departure (and planned return). > Make sure that you have the correct travel documents To travel abroad, for example on holiday, you will need your residence permit (pass) and a valid passport. You can apply for a special refugees passport from the local authority where you live. Your children also have their own passport, regardless of their age. Ask the local authority for more information about the refugees passport. For some countries you will also need a visa. For the Schengen countries you do not need a visa, as long as you do not stay there longer than three months. The Schengen countries are Belgium, Luxembourg, France, Germany, Italy, Spain, Portugal, Greece, Austria, Denmark, Finland, Sweden, Norway, Iceland, Estonia, Latvia, Lithuania, Poland, Hungary, Malta, the Czech Republic, Slovakia, Switzerland, Slovenia and Liechtenstein. If you want to travel to a country outside the Schengen area, you will probably need a visa. You can enquire about this at that country s embassy in the Netherlands. 7.2 Any questions? Can I travel to my country of origin? If you travel back to your country of origin voluntarily, for example on holiday or on a family visit, your asylum permit may be withdrawn. This is because your voluntary return shows that you are not at risk in your country of origin. Can I permanently return to my country of origin? If you finally decide to return to your country of origin, you can apply for financial support (remigration benefit) from the Dutch government. Go to the Sociale Verzekeringsbank (SVB) in Leiden (Stationsplein 1) or call the SVB in Leiden: They can also help you to make the application. You can also find more information at Page 10 of 11

11 If you are uncertain about returning and want help deciding, call the Nederlands Migratie Instituut (NMI), the Netherlands Migration Institute: Do you have more questions about travelling abroad? Call the IND: (local rate). Do you have any further questions after reading this information? Call the IND: (local rate). Or ask the Refugee Council assistants in your place of residence. No rights may be derived from the contents of this factsheet. Should the translation give rise to differences in interpretation, the Dutch version will take precedence. Page 11 of 11