If someone applies for residency in the Netherlands, the IND must decide on this application within a certain period. This is the legal decision period. If the IND does not decide within this legal period, we may have to pay a sum of money to the…
The IND is on the alert for risks and threats to national security when assessing applications for residency. For example terrorism. The IND can also take measures that help to protect national security.
The IND is no intelligence or investigative service, and is therefore not allowed to use special intelligence or investigative means. However, the IND does support organisations whose core task it is to protect our national security. When assessing applications for residency, the IND is on the alert for signs that an applicant may be involved in terrorism. Or that they are engaged in other activities that pose a threat to national security. The IND shares such signs with intelligence and security services and the police.
Alert at all times
IND staff are on the alert for signs at all times, when assessing an application for residency or afterwards, when they receive a tip about someone. For each application for residency, the Schengen Information System (SIS II) is also consulted to see whether there is an alert that the applicant is engaged in criminal activities. The IND also pays attention to signs when it screens applicants during the asylum procedure by inspecting the applicants’ files and searching the internet. Attention is paid to signs that indicate people smuggling, human trafficking and war crimes. Or that there is a threat to national security.
IND staff are trained to recognise, register and forward signs. For example through e-learning and a training programme of the Dutch Training Institute for the Combating of Radicalisation (in Dutch: Rijksopleidingsinstituut tegengaan Radicalisering or ROR). The IND also informs staff about developments and trends.
Measures that the IND can take
Does someone indeed turn out to be a threat to national security? Then the IND can take a range of measures, even if someone has already been granted a residence permit. These measures are in the Aliens Act and the Netherlands Nationality Act. The IND may:
• reject someone’s application for a residence permit, or withdraw the residence permit;
• reject someone’s application for Dutch nationality (naturalisation) or withdraw Dutch nationality; or
• impose an entry ban or declare someone undesirable.
The Aliens Act also contains other measures. These are imposed by, for example, the Aliens Police (in Dutch: Vreemdelingenpolitie or AVIM) or the Repatriation and Departure Service (in Dutch: Dienst Terugkeer en Vertrek or DT&V).
• Freedom-depriving or freedom-restricting measures, such as aliens detention, an area ban or an obligation to
• (Forced) return to the country of origin.
Contact with other organisations
To establish whether someone poses a threat to national security, the IND usually needs information from other organisations. For example from the General Intelligence and Security Service (in Dutch: Algemene Inlichtingen- en Veiligheidsdienst or AIVD), the police or the Public Prosecution Service (Openbaar Ministerie or OM).
The IND is also in touch with the National Coordinator for Security and Counterterrorism (Nationaal Coördinator Terrorismebestrijding en Veiligheid or NCTV) and the DT&V en COA. The IND also participates in the Counterterrorism Infobox (CT-Infobox) This information exchange platform compiles information about people and networks involved in terrorism.
No right of residence in the Netherlands: if this is the case, the IND registers it under a code called code 98. This subject regularly appears in the media. That is why we would like to explain how code 98 and other residence codes work.