IND always considers child’s best interests

The IND takes into account all relevant personal circumstances, such as the length of stay and the child’s social and emotional development. This is done partly on the basis of Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family and private life. 

Special approach for children

The IND has guidelines and specialised teams for cases involving children. Separate procedures are used for unaccompanied minor aliens (UMAs), depending on their age and situation. To learn more about the circumstances of these children, specially trained IND officers talk to them in a child-friendly environment. From the age of 15, minors who are accompanied by their parents are interviewed separately. For children aged 12 to 15, this is done only at their own request.
To make objective assessments, IND officers use guidelines on Article 8 of the ECHR, custody and visitation, and situations involving child protection measures. There is also a policy for primary caregivers of Dutch minors who want to apply for residency based on the Chavez-Vilchez ruling. As a result of this ruling, a parent, (half-)brother or (half-)sister can apply for residency to live with a minor Dutch child in their care. 

Special team

IND officers can use the ‘Explanation of the Child’s Best Interests’ guidelines to weigh the interests of the child against those of the Dutch state. The IND also has a special team dedicated to this. A behavioural expert helps this team interpret reports from youth welfare services, psychologists and remedial education specialists. This ensures that these reports are properly considered in decision-making.

Working together with other organisations

As a member of the Children in Immigration Policy Alliance, the IND aims to do more to protect the best interests of the child. The other members of this alliance are the Repatriation and Departure Service, the Child Protection Council, the Migration Policy Directorate, and the Directorate for Youth, Family and Crime Prevention. The organisations in this network exchange information with each other and discuss specific cases. Their goal is to give children a stable future, either in the Netherlands or abroad.

The IND informs the Child Protection Council about the residence status of families. If the Child Protection Council believes that a child needs protection, it can carry out an investigation. Based on the outcome of this investigation, it can then ask the court to impose a child protection measure, such as a supervision order. While the Child Protection Council does not advise the IND directly, it does provide support with individual cases.

Children rooted in the Netherlands

‘Rooted’ children are children who have been living in the Netherlands for a longer period of time without a residence permit. The term ‘rooted’ means that they have grown up in the Netherlands and have social ties here. Their application for a residence permit, or that of their parents, is often still pending. Usually, there is a backlog of procedures, which can sometimes be spread out over a long period of time. In each individual case, the IND takes into account the extent to which the child is rooted and what this means for the decision on their residence.