Questions and answers about the Migration Pact

The European Asylum and Migration Pact is a set of rules on how EU Member States must organise their asylum procedures, reception and cooperation. The pact, which comprises 9 regulations and 1 directive, includes agreements on faster procedures, greater uniformity between member states, stricter and clearer rules on border processes and returns, and solidarity between Member States. The rules will enter into force on 12 June 2026.

With the pact, the EU aims to improve asylum and migration policy and gain better control over irregular migration and transits within the EU. Key goals are to provide asylum seekers with clarity more quickly and to make procedures more uniform across Europe.

Yes, it will. The current asylum system is operating close to capacity in several areas. The reforms set out in the Pact will help to speed up and simplify the migration process. For example by making it possible remove non-mandatory national steps, such as the intended decision to reject. This will result in fewer planning stages and waiting periods.

The Asylum and Migration Pact is an European commitment. This means that the Netherlands must implement the changes set out in the Pact. However, the Pact also provides an opportunity to review existing asylum procedures and improve them where necessary. The European Commission asked all member states to do so. The IND is therefore using the introduction of the Asylum and Migration Pact to improve the Dutch procedure. This is necessary because the current procedure is too long, too complicated, and does not offer enough flexibility. As a result, the IND is currently unable to properly carry out its core task of making correct and timely decisions. Under the current asylum procedure, the Netherlands would fail to meet the deadlines set out in the Pact. 

Yes, it will. In order to implement the pact, certain parts of national legislation must be repealed, amended or supplemented to ensure alignment with the European regulations. The pact’s main rules will come into effect immediately, but national legislation will be adapted to make legal and practical implementation feasible.

Yes, he IND expects to be able to start implementing the new rules from 12 June 2026. At the same time, a phased implementation plan will be followed: after 12 June 2026, further development will continue (including IT/ICT and the refinement of processes).

The goal is to work much faster. This also requires adaptation and further development in implementation. Although our new working methods will be operational by 12 June 2026, this will be followed by a period of further optimisation. IND staff will have to get used to new processes, IT systems will need to be updated, and the organisation will learn from practical experience. Full implementation is expected in 2027.

European regulations enter into effect immediately, and not implementing them is not an option. If national legislation is not adapted in time, there will be conflicts between European obligations and national practices. This could complicate things from a practical perspective, putting additional pressure on timely decision-making.

The IND expects to be able to implement the pact. At the same time, this will be the biggest change to the Netherlands’ asylum system in 30 years. This places enormous demands on the IND’s capacity for change. Not everything will go smoothly straight away,, and processes optimisation will continue after 12 June.

Amendments to the Aliens Act 2000 and implementing legislation are running in parallel with the implementation. Other relevant legislative processes include the Two-status system and the Asylum Emergency Measures Act. 

Most of the provisions of the Two-status system and the Asylum Emergency Measures Act align with the draft law for the national implementation of the Migration Pact. The main difference is that the so-called Migration Pact Implementation Act does not include a provision to extend the scope for declaring foreign nationals who are not (or no longer) lawfully resident in the Netherlands as undesirable. The abolition of judicial penalties and the criminalisation of illegal residence are also not included in the pact legislation.

It is clear that the IND has been operating at the limits of its capacity for some time. In recent years, we have done everything possible within the current system. We have streamlined processes, simplified work instructions and made the most of our available capacity. But within this framework, we are reaching clear limits. A fundamental simplification of the asylum procedure is required if we want to improve implementation in a sustainable way.

The Migration Pact is mandatory and comes into force on 12 June 2026. From that date, the Netherlands will have to operate under new European rules, including shorter and binding deadlines. The IND is using this as an opportunity to simplify the national asylum procedure, as the current procedure is very detailed and rigid. Resulting in many delays and waiting periods.   

At the moment, asylum applicants in the Netherlands face long waiting times, during which their lives are often put on hold. If there is one thing that motivates us every day, it is our commitment to speed up this process.

The substantive assessment will remain the same: the IND will continue to assess applications individually and carefully. The procedure will be organised in such a way to provide clarity more quickly.

At the same time, we have to be realistic. A systemic change of this scale is going to have a major impact on our organisation, and while all these changes are being implemented, our work will continue as usual. It will likely take some time before we start to see the first positive effects.

1. The new procedure has fewer mandatory steps. The application interview, rest and preparation period, medical examination and intended decision procedure are no longer standard parts of the procedure. These steps are not mandatory under European laws and regulations. In most cases, they are also not required for careful decision-making.  
2. Under the new procedure, there is more freedom to handle applications on a case-by-case basis. The smaller number of standard steps means that the IND will have more flexibility in determining what is needed in each individual case. For instance a medical examination if the IND has doubts about whether an applicant is fit enough to be interviewed. The IND may also decide to conduct an additional interview if there is reason to do so.  
3. The IND will be responsible for identifying and registering applicants who are already in the Netherlands and want to apply for asylum. The Royal Netherlands Marechaussee (KMar) is responsible for screening asylum seekers at the border. When the Migration Pact enters into force, the IND will be responsible for the entire asylum procedure, from registration to the final decision. 

Currently, asylum seekers receive legal assistance from a solicitor from the moment they submit their application. Under the new procedure, asylum seekers will not be assigned a solicitor during the first phase. Instead, they will receive an explanation of the asylum procedure and be informed of their rights and obligations. They will also have the opportunity to ask questions. Once their interview has been scheduled, they will be assigned a solicitor to provide them with legal advice.

The current procedure is highly detailed and prescribed by law, resulting in a lot of planning and long waiting times. Removing non-mandatory steps will make it easier for the IND to determine what is needed to ensure careful decision-making for each application, while avoiding unnecessary waiting periods.

The IND is currently required to hold an application interview as well as an asylum motive interview. In practice, information obtained during the application interview is often not necessary for decision-making purposes. This information can also be obtained at other moments. For instance, during the Reception and Preparation for Asylum Application (OVA) process, the first part of the revised asylum procedure in which the IND receives the applicant and prepares their asylum application.

By no longer making the registration interview mandatory, the IND can more often make do with a single interview and, where necessary, still conduct a second interview.

The Migration Pact does not require a rest and preparation period. In practice, applicants are almost never interviewed “immediately upon arrival”, as planning is usually necessary. 

The standard medical examination, which is carried out to assess applicants’ “fitness to be interviewed”, is an additional step that often fails to provide useful information, while also adding to waiting times. Interviews can only be scheduled after the medical examination has taken place. If there are many asylum seekers, it may take longer for a medical appointment slot to become available, and until then the process is at a standstill. 

Under the new system, medical screening will continue, and additional medical examinations may be carried out if there is cause to do so.

No, potential medical issues will still be flagged. The IND will still request medical examinations for applicants, but only if this is deemed necessary to determine their fitness to be interviewed during the review and decision-making process. This may be the case for applicants with a large number of medical documents or particular vulnerabilities. 

No, the substantive assessment will not change and individual assessment will remain central. The new way of working is a simplification, but the IND is making no concessions on the legal basis. 
Safeguards remain: vulnerabilities will still be addressed, corrections and additions will still be possible, and applicants will still be able to appeal decisions in court.
 

No, the asylum procedure will still be thorough without the intended decision procedure. During the interview, there will be opportunity to discuss relevant matters and address any ambiguities. With the help of their solicitor, applicants will be able to submit corrections and additions. Discussions may more often shift to the appeal phase, but legal protections remain in place.

The Migration Pact does not require an intended decision procedure, and it can result in longer waiting times. By removing this step, decisions can be made more quickly without removing legal protections.

While there may be more work during the appeal stage as a result of the pact, this will be offset by a shorter application stage. The net result for the entire chain will be greater efficiency. This means that this sometimes requires us to go the extra mile at the appeal stage.

The new procedure features an accelerated and a non-accelerated route, with shorter European deadlines. While additional national steps will be removed to enable quicker decision-making, individual assessments will remain.

The European Procedural Regulation requires an accelerated and a non-accelerated procedure, each with fixed deadlines: 3 months for the accelerated procedure and 6 months for the non-accelerated procedure. To meet these deadlines, non-mandatory national process steps will be removed. This makes the procedure shorter, simpler and more flexible.

The new asylum procedure begins with Reception and Preparation for Asylum Application (Steps 1 to 3). This is followed by Review and Decision-making (Steps 4 and 5) and, where relevant, the appeal phase (Step 6).

The process roughly looks as follows:

1. Registration
   The asylum seeker reports to the Dutch authorities and is registered.
2. Screening
   An identity, security and vulnerability screening is conducted. Relevant information is recorded immediately, allowing the procedure to start more quickly.
3. Legal counselling
   The asylum seeker receives information about the procedure and their rights and obligations.
4. Interview
   The IND interviews the asylum seeker regarding their grounds for asylum. 
5. Review and decision-making
   The IND assesses the asylum seeker’s story based on legislation, country information and personal circumstances.
6. Legal protection
   A negative decision can be appealed in court.

Screening is a process that takes place at the beginning of the asylum procedure. During this process, the applicant’s identity is established, safety checks are carried out, and any relevant vulnerabilities or medical issues are identified. Under the Migration Pact, EU Member States are required to set up a screening process in accordance with the Screening Regulation.

Screening takes place in Ter Apel as part of the Reception and Preparation for Asylum Application (OVA) process.

The Screening Regulation also applies to foreign nationals who enter EU territory. This means that foreign nationals who have not yet been screened at the EU’s external borders also have to be screened when they apply for asylum in an EU member state. These domestic screenings will be carried out by the IND. The Royal Marechaussee (KMar) will continue to conduct screenings at the Netherlands’ external EU border, including at Schiphol and other airports, as well as at seaports.

As soon as the EU Asylum and Migration Pact comes into force on 12 June 2026, the IND will be responsible for the domestic screening and registration of asylum seekers at the Ter Apel reception centre. This new and additional task is known as the Reception and Preparation for Asylum Application (OVA) process.
 
The IND will be responsible for carrying out parts of the screening process in the Netherlands, starting at the application location. This requires organisational resources, staff and IT-support.

The IND estimates that the screening process will require around 100 FTE (full-time equivalent). Some of these positions will be filled by internal staff. These can be employees who are currently involved in processes that are set to be abolished under the new procedure, such as the application interview. Or staff transferring from other IND directorates. 

No, the Immigration Pact stipulates that mobile phones can only be accessed if there is a national legal basis for doing so. Legislation is currently being developed to make this possible. The IND is awaiting the outcome of this process and will not access any mobile phones until then. This remains subject to the relevant legal frameworks and the division of responsibilities within the chain. Screening focuses primarily on identification and risk assessment; other agencies may carry out additional investigations.

Yes the screening process is included in an implementation analysis. The aim is to ensure that relevant information is available at an early stage and to reduce the number of handovers.

As is currently the case, every asylum seeker will undergo a health check by GZA. During the screening process, medical and vulnerability issues will be identified in order to determine procedural requirements. If necessary, additional medical advice can be sought. The aim of this additional examination is to determine whether there are any circumstances that must be considered during the interview and the subsequent decision-making process.

The investigation will start earlier in the asylum process. There will be no changes to the investigation itself, which will generally be conducted for asylum seekers who apply for asylum without documentation. 

The Asylum and Migration Pact requires all EU Member States to provide asylum seekers with free legal support from the start of the asylum process. The IND provides legal counselling during the first stage of the asylum procedure: the Reception and Preparation for Asylum Application (OVA). This is different from the assistance provided by an asylum solicitor.

The IND has been tasked with providing legal assistance to applicants. Legal counselling will be provided as a separate service, independently of the asylum process. This means that staff who provide legal counselling are not involved in assessing asylum applications. The IND will offer individual counselling, as well as group information sessions and a helpdesk service (by telephone, online or in person). 
The provision of legal counselling is mandatory under the Immigration Pact. Having IND staff provide this assistance means that the procedure can begin without having to rely on external resources.

Counsellors will not be involved in the review and decision-making process, they operate within a separate organisational unit, and have no access to information in applicants’ files. Counselling will be limited to general and procedural information. Substantive individual advice will still be provided by lawyers.

Legal counselling will not replace the services provided by solicitors. Providing detailed advice on individual matters remains something that only solicitors are permitted to do. In the new asylum procedure, this takes place after the interview, when the applicant is given the opportunity to make corrections and additions, and during the appeal stage. 

Does an applicant come from a country where, on average across Europe, fewer than 20% of applications are granted? Then they have little chance of being awarded a residence permit and, under European rules, must go through the so-called ‘accelerated procedure’. The accelerated procedure is substantively the same as the standard non-accelerated procedure, except that it is completed more quickly. Fast-tracked applicants will receive a decision within 3 months, compared to 6 months for applicants who go through the non-accelerated procedure. 

If it is not possible to reach a decision within 3 months – due to personal circumstances such as medical reasons or the complexity of the application – the application will not be processed under the accelerated procedure..

Applicants going through the accelerated procedure are housed in basic, secure reception centres. Incidentally, this does not apply to unaccompanied asylum seekers under the age of 18.
The purpose of these reception centres is to prevent asylum seekers whose applications are unlikely to be successful from entering EU territory and travelling to other EU countries. The return procedure starts soon after their application is rejected. 

The core work, which is to assess asylum applications on a case-by-case basis, will remain the same. However, the process will change, with only one interview in most cases, and the deadlines will be different.

Yes, recording interviews is mandatory. But decisions will still be made based on the written interview report rather than the recording. 

The recordings will be available for both the applicant and the IND.

The core elements of the asylum procedure will remain the same after 12 June 2026. Each application will still be assessed on a case-by-case basis, but the structure of the process will change.

A shorter and faster procedure means that applicants will receive a decision on their asylum application more quickly. Fast-tracked applicants will receive a decision within 3 months, compared to 6 months for applicants who go through the standard procedure.

The IND also wants to process applications submitted before 12 June 2026 in accordance with the new procedure. The legislative proposals currently being debated in the Senate and the House of Representatives could make this possible. This means that the IND would be able to process applications submitted before 12 June 2026 more quickly as well.  

The IND must and intends to process applications received from 12 June 2026 onwards within the new statutory time limits. This is also required by law. This means that the IND will prioritise applications submitted from 12 June onwards, and that it will devote a significant proportion of its resources to processing these applications.

Yes, the Migration Pact does not change the fact that asylum seekers can report to the Dutch authorities in the Netherlands. However, there will be a greater focus on processing at the EU’s external border and border procedures.

Because the procedure is being simplified and non-mandatory steps are being removed. This results in significant time savings.

At the same time, we have to be realistic. A systemic change of this scale is going to have a major impact on our organisation, and while all these changes are being implemented, our work will continue as usual. It will likely take some time before we start to see the first positive effects.

The border procedure applies to anyone who enters the Netherlands via the EU’s external borders (airports and seaports), is refused entry, and then applies for asylum. There is already a well-functioning border procedure in place, but from 12 June 2026 this will become a European obligation and specific target groups will be included in the procedure. These target groups will include applicants who may pose a threat to public order or national security, those who have deliberately misled the IND, and applicants from countries across Europe with an approval rate of less than 20%. These individuals will soon be subject to the mandatory border procedure.

The pact requires EU Member States to carry out border procedures for certain categories of applicants, particularly those with low chances of success. Vulnerability will still be assessed on a case-by-case basis. If a border procedure is deemed inappropriate, it will be terminated and the application will be processed within Dutch territory.

The border procedure takes 5 weeks. As rejected applicants are allowed to file an appeal, the total duration of the border procedure can be up to 12 weeks. After these 12 weeks, the applicant must be granted entry to the country.

In part, yes. The Migration Pact draft bill stipulates that, from 12 June 2026, the new national legislation will also apply to applications submitted before that date. This means that, from 12 June 2026, national steps that are not based on European legislation, such as the application interview and the intended decision procedure, will apply to all applications. This is essential because running two parallel procedures is impractical, and having a single process speeds up the decision-making process. There is transitional law for applicants who have already received an intended decision.

The IND understands that long waiting times are difficult to deal with. Until a decision is reached, the lives of asylum seekers are often at a standstill. This is motivating the IND to shorten processing times where possible.

Applying the new asylum procedure to pending applications will enable them to be processed more quickly than if the old, rigid procedure were to remain in place.

While the IND understands that this may feel unfair, we will be required by law to meet the new deadlines for applications submitted from 12 June 2026. We cannot process both groups at the exact same pace. Applying the new procedure to pending applications as well will enable these cases to be processed more quickly than under the old rules.