What is the Regulation for long-term resident children?
The Dutch government made a regulation for children who have been living in the Netherlands for more than 5 years and have no residence permit. This regulation makes it possible for them to stay in the Netherlands if they meet certain conditions.
Until when can I apply for this residence permit?
Until 1 May 2013 it was possible to qualify for a residence permit on the basis of the so-called 'transitional arrangement'. This arrangement was temporary and no longer applies.
After 1 May 2013 too there is a policy for children who have been staying in the Netherlands for a long time, the so-called 'definitive regulation'. Its conditions do, however, differ from those that applied to the transitional arrangement. The conditions for the definitive regulation are listed below.
How do I know whether I qualify for the Regulation for long-term resident children?
This regulation may apply to you and your family. If you would like to make use of this regulation, you have to apply for a residence permit. Before you do so, it is important to read the conditions that you have to meet very carefully. These conditions are that:
- You are less than 19 years old at the moment of the application;
- You haven't got a residence permit yet;
- An asylum application must have been filed for you. This is something you may have done yourself or someone else might have done it for you. If you have not applied for asylum yourself and no-one has done it for you, you can only qualify for the Regulation if one of your parents applied for asylum and you were born during the asylum procedure. If your parents' asylum procedure had already been completed when you were born, you do not qualify for the Regulation;
- The asylum application must have been filed before you were 13 years old;
- After the application you resided in the Netherlands for an uninterrupted period of 5 years or longer;
- During this period, you stayed in contact with IND, DT&V, COA, or the Aliens police without interruption. Did you come to the Netherlands as an unaccompanied minor? Then this also includes guardian organisation Nidos;
- You, your parents, and siblings have not been in trouble with the police;
- IND doesn't suspect anyone in your family of war crimes;
- During the asylum application you must have provided the correct name and nationality, preferably supported by documents;
- You cooperated on your return.
- You did not leave the EU without informing IND;
- You promise in a statement that you will withdraw any ongoing procedures if you are given a residence permit.
Is this residence permit for my family too?
Certainly. If you are granted a residence permit on grounds of the Regulation for long-term resident children, your family members can also get a permit. This concerns your parents and siblings. Are your siblings of age? Then they will only be granted a residence permit if they are still staying with you and your parents.
Are you of age and have you got a family of your own? Then your spouse or partner and your minor children also qualify for a residence permit. Do take into account that in that case your parents and siblings will not get a residence permit. To all family members applies that they must file their application simultaneously with yours.
How do I apply for a residence permit under the Regulation for long-term resident children?
If you would like to apply for a residence permit under the Regulation for long-term resident children, but have requested to be exempted from the Regular Provisional Residence Permit (mvv) requirement because:
- In your health condition it is not safe to travel
- You are a victim of or witness reporting human trafficking
- Your removal is in breach of Article 8 of the European Convention on Human Rights and Fundamental Freedoms (Article 8 ECHR)
- Other: there are extraordinary individual circumstances on grounds of which you are unable to return to your country of origin to apply for a mvv
What happens after your telephone call with IND?
You will make an appointment by telephone to visit an IND desk to file an application. IND will then send you a letter confirming this appointment. This letter includes the application form. You will have to fill in this form and take it to your appointment.
You can download the form yourself from the IND website. Once you have filed your application at the desk, an employee will process it and you will receive a message that tells you whether you will receive a residence permit or not.
Is it possible that I will not get a residence permit?
Yes, that is possible. The decision by IND will tell you why the application has been rejected. You may still appeal. The letter will tell you how to.
Does applying for this residence permit cost money?
Yes. It costs €152 per person. This also applies to your family members.