Extended asylum procedure (VA)
Why is my asylum application extended?
In some cases, the IND cannot complete your asylum application in the general asylum procedure (AA). Your asylum application will then be dealt with in the extended asylum procedure. For example, if you are under the age of 12 and have come to the Netherlands without your parents. Or, because you first need to feel better before you can talk about your flight.
In other cases more time is needed to reach a careful decision. Your asylum application will then be dealt with in the extended asylum procedure. There are more reasons. For example:
- There is no interpreter.
- You have family members who are also in the extended asylum procedure.
- The IND is not able to deploy the proper staff members.
The IND communicates the decision that your asylum application will be continued in the extended asylum procedure. To you or to your asylum lawyer. You will always receive a letter from the IND through your lawyer. This letter also explains the reasons why your application will be dealt with in the extended asylum procedure.
The letter also explains how long it will take before a decision is made on your asylum application. This is called the period for making a decision. According to the law this takes 6 months at the most. The law makes it possible to extend the period for making a decision up to 18 months. This depends on your situation. Each asylum application is unique. It is therefore difficult to state how long an extended asylum procedure will take. You do not always have to wait for the whole decision period. Where possible, the IND will reach a decision sooner.
You will also receive a leaflet about the extended asylum procedure. Or the IND will point out where you can find this on the internet.
Reception in the extended asylum procedure
Are you going to the extended asylum procedure? COA can then arrange another reception centre. You may await the decision on your asylum application in the Netherlands.
What happens during the extended asylum procedure
This depends on the reason why your asylum application has been extended. If you are ill, you first have to get better. Or the IND will sometimes have to wait until the right employee are available. Or the IND will first have to more research into your application.
You only visit the IND office, if the IND has more questions for you. In some cases, you will get an (extra) interview with the IND in the extended asylum procedure. The IND will then send you an invitation by letter.
You will also continue to receive assistance from a lawyer.
Decision
You will receive a decision on your asylum application. There are 2 situations:
- You will be given an asylum residence permit.
You meet the conditions for a temporary asylum residence permit . This residence permit is valid for 5 years. You will receive a formal decision from the IND through your lawyer. The letter states that your asylum application has been granted. The IND informs you about your rights and obligations. These are listed in a fact sheet, which is available in several languages . You are allowed to remain in the Netherlands (for the time being). Your lawyer will further explain what this means for you.
You are allowed to work. In some cases, you may also invite family members to live with you in the Netherlands. And you are entitled to accommodation in a municipality. COA will consult with you as to which municipality you wish to live in. That municipality will search for accommodation for you. If they succeed, you will leave the COA reception centre. Staff members of the Dutch Council for Refugees will help you arrange important matters. For example, finding work or an education.
- You will not be given an asylum residence permit.
Intended decision to reject
The IND assesses that you do not meet the conditions for an asylum residence permit. You will receive an intended decision to reject. This is a letter from the IND. The letter states that the IND intends to reject your asylum application. It also explains the reasons why. And the consequences this has for you. Your lawyer will discuss this intended decision with you. Your lawyer then send the IND a viewpoint.
After having read your letter, the IND will assess whether this changes the intended decision. This assessment is decisive for the further course of your asylum procedure. The IND will send a letter to notify your lawyer of the result of this assessment. Your lawyer will explain the consequences of this to you.
- The decision changes.
- The decision does not change.
In consultation with your lawyer, you may appeal against this decision to a Dutch court. You then officially tell the court that you do not agree with the IND’s decision. Or you request to stay in the Netherlands during the appeal proceedings.
COA will transfer you to another asylum seekers' centre. Once there, you have to arrange your own return to your country of origin. You have 28 days to do this. After these 28 days you are no longer entitled to reception.
Are you not returning in time? A forced return will then be the consequence. The Repatriation and Departure Service (DT&V) helps you to arrange your return. You can also turn to the International Organisation for Migration (IOM) for help. IOM often holds consultations at the asylum seekers' centre.