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Children’s pardon: Everything about the Final Regulation for long-term resident children

On 29 January 2019, the Final Regulation for long-term resident children entered into force. It replaced the Definitive Regulation for long-term resident children from 2013. You could submit an application based on the Final Regulation no later than 25 February 2019.

The difference between the Definitive Regulation and the Final Regulation

In order to qualify for the Definitive Regulation, the foreign national had to be cooperative in the departure process. This has been changed in the Final Regulation. In the Final Regulations it says that the foreign national has been available in the context of departure. This means that a foreign national has been available for conducting departure interviews and has complied with the duty to report.

The foreign national is deemed to have been available for departure if the actual residence of the foreign national has been known to the IND, DT & V, COA or AVIM, unless the foreign national left for an unknown destination at a certain point of time. If the foreign national came into picture again within 3 months, the departure for an unknown destination will not be invoked.

The actual place of residence is deemed known if the foreign national has stayed in a reception facility of the COA (including the family locations (GL) and the Freedom-restricted Location (VBL)) or has been under the supervision of NIDOS.

All other conditions and contraindications have not changed (such as the argument of public policy aspects and 1F or identity fraud).

I would like to be eligible for the Final Regulation. What shall I do?

You could submit an application based on the Final Regulation no later than 25 February 2019. Whether you had to do something depended on your situation. Below you can read what was expected of you based on each separate situation:

I still have a procedure on the basis of the Definitive Regulation (including (higher) appeal procedure)
The IND will assess your current procedure on the basis of the more favourable conditions and the contraindications of the Final Regulation that have remained the same. You do not have to take any action. You did not need to submit a new application.

My previous application under the Definitive Regulation was only rejected on the basis of the cooperation criterion. There is no further procedure pending
The IND will reassess your previous application if you meet all of the following points:

  • You submitted an application on the grounds of the Final Regulation before and that application was only rejected on the basis of the cooperation criterion, and

  • On 29 January 2019, you were staying in a reception facility of the COA (including the family locations (GL) and the Freedom-restricted Location (VBL)) or you were under the supervision of NIDOS, and

  • You have not exited the EU/EER, and

  • At this moment, you do not have a residence permit or you have a residence permit for study / medical treatment / temporary humanitarian grounds.

This reassessment takes place ex officio. This means that you do not have to do anything for this. You did not have to submit a new application and you do not have to pay any fees. The IND will reassess your application on the basis of the conditions and contraindications of the Final Regulation.

You will receive the ex officio reassessment decision in writing. The IND will send it to your (last known) address.

My previous application under the Definitive Regulation was only rejected on the basis of the cooperation criterion. There is no further procedure pending. On 29 January 2019, I was staying in the Netherlands. On 29 January 2019, I was not in the picture at COA, neither was I under the supervision of NIDOS
Your previous application will not be automatically reassessed. In order to be eligible for the reassessment, you must have submitted a request for reassessment to the IND no later than 25 February 2019.

The IND then decides whether your previous application qualifies for the ex officio reassessment. Are you eligible? Then you do not have to take any action. You do not have to pay any fees.

Does the IND decide that you are not eligible for the reassessment? Then the IND will invite you to appear in person at the IND-desk. The IND will reassess your application on the basis of the conditions and contraindications of the Final Regulation. You have to pay for your application.

If you submit the application later than 25 February 2019, you will not be able to rely on the Final Regulation.

My previous application on the grounds of the Definitive Regulations was (also) rejected for other reasons than the cooperation criterion. There is no further procedure pending
Your previous application is not eligible for reassessment.
You could submit an application based on the Final Regulation no later than 25 February 2019.

After the receipt of your application, the IND will invite you to appear in person at the IND-desk. The IND will reassess your application on the basis of the conditions and contraindications of the Final Regulation. You have to pay fees for your application.

If you submit the application later than 25 February 2019, you will not be able to rely on the Final Regulation.

I have not submitted an application before, but I still think that I meet the conditions of the Final Regulation
You could submit an application based on the Final Regulation no later than 25 February 2019.

After the receipt of your application, the IND will invite you to appear in person at the IND-desk. The IND will reassess your application on the basis of the conditions and contraindications of the Final Regulation. You have to pay for your application.

If you submit the application later than 25 February 2019, you will not be able to rely on the Final Regulation.

I submitted an application / request for reassessment based on the Final Regulation after 29 January 2019, but I used an old form for this purpose
Have you submitted an application in which you invoke the repeal of the Definitive regulation or the Letter to Parliament of 29 January 2019 but used another application form for this purpose?
Then your application will also be regarded as an application on the basis of the Final Regulation. The IND will assess your current procedure on the basis of the more favourable conditions and contraindications of the Final Regulations. You did not have to submit an application again.

Conditions of the Final regulation

  • On 29 January 2019 you were staying in the Netherlands;
  • You are under the age of 19 (at the time of the original application or at any time between 1 February 2013 and 29 January 2019);
  • At this moment, you do not have a residence permit or you have a residence permit for study / medical treatment / temporary humanitarian grounds;
  • An asylum application has been submitted. You have done it personally or someone else has done that for you. If you have not submitted an asylum application personally and no one has done that for you, you can only qualify for the Final Regulation if one of your parents has applied for asylum and you were born during the asylum procedure. If the asylum procedure of your parent (s) was already completed before your birth, you are not eligible for the Final Regulation;
  • That asylum application was submitted before you became 13 years old;
  • After that asylum application, on the reference date of 29 January 2019, you had been resident in the Netherlands for a period of 5 years or longer;
  • All that time, you had been in contact with the IND, DT&V, COA or AVIM (in the context of the duty to report). If you came to the Netherlands as an unaccompanied minor foreign national, the guardianship agency NIDOS is involved. If, despite all, there has been an interruption in the contact with these authorities, this interruption may not be longer than 3 consecutive months;
  • You, your parents, brothers and sisters, have not been sentenced to imprisonment for one month or more;
  • No one of your family members is suspected by the IND of a war crime;
  • When applying for asylum for the first time, you stated your correct name and nationality and preferably substantiated it with documents;
  • You have been available for your departure.
  • You are not a national of an EU member state;
  • You have not exited the EU/EER without the IND knowing;
  • You promise in a statement that you will withdraw all procedures that are still in progress if you receive a residence permit under the Final Regulations.

If you do not meet the financial means and the passport requirement, the IND will not reject an application for the Final Regulation on this basis. If you meet all conditions of the Final Regulation, the mvv-requirement will not be enforced.

Family members

Your family members could apply for a permit on the basis of the Final Regulation. It concerns your parents, brothers and / or sisters. All these family members were part of your family on the reference date of 29 January 2019 and at the time of the assessment of the application. Your brothers and sisters were still underage on the reference date.

If your brothers or sisters were of age on the reference date, they will only be granted a residence permit if they were still living with you and your parents on the reference date and on the date of the assessment.

Were you already a full-grown adult on the reference date of 29 January 2019 and do you have your own family? Then your spouse or registered partner will also be eligible for a residence permit. Your biological / legal minor children are also eligible for a residence permit as long as they were part of the family on the reference date. Your parents, brothers and sisters cannot obtain a permit. For all your family members applies that they must have submitted their application at the same time as your application.

The IND will assess the application in the context of the family. This means that a ground for rejection or a contraindication for one of the family members results in the whole family being ineligible for residence, unless an exception is made on the basis of the relevant criterion.

Is it possible that I will not be granted a residence permit?

Yes, that can indeed happen. The decision you will receive from the IND, states the reason why your application is rejected. You do have the right to object. The letter says how to do it.

Costs

The costs for this application are € 164 per person. This also applies to your family members.
In the event of reassessment of your previous application, no costs will be charged.

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