Five questions about the transitional law following the introduction of the new asylum procedure

1. What is transitional law?

When laws change, new rules come into force. The legislator (the government and parliament) decides when a new law comes into force and how existing situations, rights or ongoing proceedings are to be dealt with. The legislator must therefore also decide what is to happen with asylum applications that were already pending before the new law came into force and on which no decision has yet been taken. This is provided for in the transitional law.

New rules can also benefit citizens. If a rule is relaxed, it is logical that it should come into force immediately, unless this would be detrimental for other citizens.

Sometimes the legislator chooses not to provide for transitional law. In that case, the new laws also apply to situations that already existed when the new law came into force. 

2. Who decides whether transitional law applies?

The IND does not decide this itself. The IND only enforces the laws; it does not make them. Whether transitional law applies is determined by the European and/or Dutch legislator. In deciding this, the legislator must balance various interests. Also, the interests of the foreign national, for instance, because this has implications for his ability to bring his family over. 

European regulations: Many European directives relating to asylum have now become ‘regulations’. Regulations have direct effect and are directly binding in all EU Member States (they do not need to be transposed into national law).

Choices made by Dutch politicians: The Senate and the House of Representatives passed the Asylum and Migration Pact Implementation Act 2026 (Implementatiewet Asiel- en migratiepact). Bevause of that, oliticians have decided that many new rules which do not stem directly from European regulations will apply immediately to applications currently being processed. This should ease the pressure on the asylum system and ensure that the Netherlands keeps pace with the rest of Europe.

3. A real-life example: why was the permanent residence permit for asylum discontinued with immediate effect?

This is due to the new EU Qualification Regulation, which came into force on 12 June 2026. European rules stipulate that asylum status must be revoked as soon as the country of origin is once again safe enough to return to. The permanent residence permit for asylum could not be revoked on those grounds. As European regulations take precedence over Dutch law, the IND was required to start assessing applications directly in accordance with those rules when the migration pact came into force on 12 June 2026. For this reason, it must also be possible to terminate asylum status from 12 June 2026; so, the permanent residence permit for asylum was abolished on that date.

4. Which other provisions of the asylum legislation are not covered by transitional law?

There is no transitional law regarding the abolition of the ‘intended decision’, the letter in which the IND explained in advance why an application would be refused and to which the foreign national could respond by submitting a ‘viewpoint’. The legislator has made an exception for cases in which an intended decision was already issued before 12 June 2026. In such cases, the foreign national is still given the opportunity to respond. The legislator has abolished the ‘intended decision’ in order to make procedures faster and simpler, and more in line with those in other countries. European law does not, in fact, impose any obligation for an intended decision procedure like this.

The same applies for asylum family reunification. Since the migration pact came into force, adult children, foster children and unmarried partners can no longer be granted a family reunification permit. For family reunification in the case of persons granted subsidiary protection, there are three additional requirements which do not apply to family reunification for refugees. These three additional requirements also apply to individuals who still had an application pending on 12 June 2026. Subsidiary protection may be granted to people who do not legally meet the definition of a refugee, but who do require protection against fundamental human rights violations. 

The IND is currently suspending decisions on these applications. The department is first awaiting clarification from the courts as to whether the IND can also impose these new requirements on foreign nationals who were already awaiting a decision on their application prior to 12 June 2026. To this end, the IND has set up a pilot scheme to obtain swift clarification from the courts.

5. Are the rules for being granted asylum changing?

No. The substantive rules governing who is entitled to protection remain essentially unchanged. Anyone who is entitled to asylum in the Netherlands will still be granted protection. The major changes relate primarily to the stages of the procedure (such as the elimination of the ‘intended decision’ stage) and the fact that asylum permits are now temporary in nature. With the new asylum procedure, the IND aims to provide foreign nationals with a clearer outcome regarding their applications more quickly and to reach decisions within the (shorter) timeframes set out in the migration pact.

New legislation and, for example, the transitional law contained therein also give rise to legal proceedings. The IND will sometimes have to lodge an appeal in order to refer the legislator’s decisions to the highest administrative court. That is the Council of State. This is necessary to establish whether the legislator has regulated matters correctly. In some cases, the court may need to seek clarification from the Court of Justice if there is any uncertainty regarding the new regulations.