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What does the IND consider?

Factors the IND assesses include:

• the type of residence permit (asylum or regular) 
• whether the person already holds a residence permit
• the seriousness of the offence
• how long the person has been living in the Netherlands
• the person's personal circumstances, such as family members or a household in the Netherlands
   

When is the IND authorised to refuse or revoke an asylum residence permit?

Protection is a priority in asylum cases. The Netherlands may not return individuals to a country where they would face harm. As a result, the IND may only reject an asylum application or revoke an asylum residence permit on the grounds of a criminal record under strict conditions.
First, the IND determines whether the person qualifies for protection. Only then does it assess whether there are reasons to refuse or withdraw the permit, for example because the person poses a threat to public order.

A person qualifies for refugee status or already holds refugee status. The IND will refuse or revoke an asylum residence permit if the person has been irrevocably convicted of a particularly serious crime and poses a danger to the community. 

A person qualifies for subsidiary protection or already holds a subsidiary protection status. The IND will refuse or revoke an asylum residence permit if the person has committed a serious crime or poses a danger to the community. If the offence was committed abroad, a conviction is not required. If it was committed in the Netherlands, a conviction is required, although it does not have to be irrevocable.  

Example
A person applies for asylum and qualifies for refugee status. Their criminal record shows that they have been irrevocably convicted of a particularly serious crime and have been given a prison sentence. The IND then assesses whether the applicant's personal conduct represents a true, present and sufficiently serious threat to a fundamental interest of society.
If that is the case, the asylum application will be refused.
 

When is the IND authorised to reject an application for a regular residence permit (work, study or family)?

If a person has been convicted of a criminal offence, the IND may reject an application for a regular residence permit. This also applies to convictions abroad.

The IND always weighs the following:

• the interests of the applicant
• protecting society
   

Example:
A person applies for a residence permit to work in the Netherlands. Shortly beforehand, they were convicted of a criminal offence. The IND may reject the application, particularly if the offence was serious and committed recently.

When is the IND authorised to revoke or refuse to renew a regular residence permit?

The IND may revoke a residence permit or refuse to renew it if the permit holder has committed a criminal offence.
The following conditions do apply:
 

• the conviction must be irrevocable
• the IND must assess the case using the sliding scale aid
• the IND must assess the case individually
   

The sliding scale is a table that compares the sentence imposed with the length of time the person has lived in the Netherlands. Where someone has lived in the Netherlands for only a short period, criminal offences may affect their right of residence more quickly. The longer someone has lived in the Netherlands, the more serious the offence generally needs to be.

Example
A person holds a residence permit for family reunification and has lived in the Netherlands for eight years. They are convicted of a criminal offence and handed a prison sentence. If the offence is serious and was committed recently, the IND may decide to revoke the residence permit or refuse to renew it, even if this has consequences for the person's family.

When can Dutch citizenship be revoked?

If a person has acquired Dutch nationality, their citizenship may only be revoked in exceptional circumstances.

For example, this may happen if the person has been irrevocably convicted of:

• terrorism
• other serious international crimes
   

The following conditions do apply:

• the person must not become stateless
• they must therefore hold another nationality as well
   

Example
A person holds both Dutch nationality and another nationality. They are irrevocably convicted of a terrorist offence. In that case, the government may decide to revoke their Dutch citizenship.

Important to know

Having a criminal record does not automatically result in the loss of residence rights or Dutch citizenship. Every case is assessed individually. 
The IND always factors in:
 

• the severity of the offence
• the risk posed to society
• personal circumstances