Apply for asylum in the Netherlands

You can get a residence permit if you meet one of the following requirements:

Refugee

You are a refugee under the Geneva Convention. You have well-founded reasons to fear persecution in your country of origin because of the following reasons:

• Your race.
• Your religion.
• Your nationality.
• Your political opinion.
• You belong to a certain social group.

Subsidiary protection

You have well-founded reasons to fear serious harm when you return to your country. The following situations are considered serious harm:

• The death penalty or execution.
• Torture or other inhumane or degrading treatment in your country of origin.
• Serious and personal threat to your life because of random violence. This is because of an armed conflict in your country of origin.

Family member

Your husband or wife, partner, father, mother or minor child has recently received an asylum residence permit in the Netherlands.

Documents

It is important that you use documents to show that you are entitled to asylum, if possible. For example, documents that prove who you are, such as your passport. And documents that show that you are not safe in your home country.

Are these documents still abroad and are you already in the Netherlands? Then try to have them sent to you. Read about how to submit these documents.

After arriving in the Netherlands, you will first report in person at an application centre (in Dutch: aanmeldcentrum or AC). The AC is a building where your asylum procedure begins. You will go to AC Ter Apel if you enter the Netherlands by land (via Belgium or Germany). Or if you are under 18 years of age and have travelled to the Netherlands without parents or guardians. You will go to AC Schiphol if you enter by plane or boat. This only applies if you have not yet passed border control.

Screening

EU/EEA countries have agreed to record data of people who are in an EU/EEA country without permission. And of people who have crossed the external border illegally. Recording this data is called ‘screening’. Screening is performed only once by an EU/EEA country. During the screening process, the government checks your identity and data. Checks are also carried out about safety, health, and vulnerability. At Schiphol, the Royal Netherlands Marechaussee (Kmar) performs the screening. In Ter Apel, this is the Immigration and Naturalisation Service (IND).

Reception and Preparation for Asylum Application (OVA)

In Ter Apel, you will start the Reception and Preparation for Asylum Application (OVA) phase at the IND. This phase lasts a maximum of 3 days. During this phase, the IND requests information from you for the screening process and your asylum application. Based on this information, the IND determines which procedure applies to you.

The IND first asks who you are and why you are in the Netherlands. We also check if you have submitted an application to the IND before.

Filling in details

If you can use a tablet, you will answer several questions on it. If you cannot do this, an IND employee will help you. Are you under 18 years of age and did you come to the Netherlands without parents? Then a guardian from the NIDOS Foundation will help you with this. The NIDOS Foundation is an organisation that helps children without parents during the asylum procedure.

The IND requests the following information:

• your personal details
• your nationality
• your documents
• your passport photo, fingerprints and signature (biometrics)
• information about your living environment
• information about your family members
• your travel and stay in other countries
• the main reason for your asylum application

Checks

The IND checks if extra medical care is needed. And if there are other vulnerabilities that require extra support. We also check if you pose a threat to public order or national security.

Final conversation of OVA phase

After you have filled in the questions on the tablet, you will have a final conversation with an IND employee. During this final conversation, the following happens:

• You will receive the data required for the screening process on paper: the screening form. If something is incorrect on the form, you can mention this during the conversation. The IND will note this on the form.
• You will receive a confirmation of receipt for the documents we have taken in for examination.
• You will receive information about the continuation of the asylum procedure.
• You will receive a form stating that you have to be present during the asylum procedure.
• You will sign the asylum application.
• You will be given a temporary document (a form) confirming that you have applied for asylum in the Netherlands. This is valid until your Type W Foreign National Identity Card is ready. You will receive a letter when you need to collect this card.

Reception

During the OVA phase, the Central Agency for the Reception of Asylum Seekers (COA) will assess if you are entitled to reception. If so, the COA will provide a place to sleep, food, medical care and support. You will receive medical examination if this is required. It is also possible that you will undergo a tuberculosis (TB) test.

Are you younger than 15 years old and did you come to the Netherlands without your parents? Then the NIDOS foundation will ensure that you live with a foster family.

During your asylum procedure in Ter Apel, you can make free use of legal counseling. These are IND employees who give a general explanation of the asylum procedure. They do not give personal advice and cannot view the details of your application. They can give you information about:

• The different asylum procedures.
• Your rights and obligations.
• Legal questions about the procedure. For example, what you can do if the IND decides that you will not be granted an asylum residence permit. This does not concern questions related to your personal story.

During the OVA phase, legal counseling staff will be present in Ter Apel. You can recognise them by their green key cord. If there is time, you can go directly to a legal counseling representative. If it is busy, you will be given an appointment for a later time. You can also make an appointment after the OVA phase.

Do you have a lawyer? Then you can no longer make use of legal counseling. In the border procedure, you will be assigned a lawyer immediately.
 

After the OVA phase, the IND reviews all the information you have provided. The IND determines the following:

• Which asylum procedure applies to you. There are 5 possibilities:
  • Are you at AC Schiphol? Then your asylum application will start in the border procedure.
  • Is another EU/EEA country possibly responsible for your asylum application? Then the Asylum and Migration Management Regulation procedure applies to you.
  • The admissibility procedure applies to you. For example, because you have protection from another country.
  • The accelerated asylum procedure applies to you. For example, because you come from a safe country.
  • The (standard) asylum procedure applies to you.
• If extra investigation is needed to reach a well-founded decision. For example, if you are under 18 and we have doubts about your age.
• If you will get a personal interview. This is different for each procedure. If you do not get an interview, the IND will inform you and your lawyer that we have enough information to decide.
• If you need any special support during the asylum procedure. For example, because of your health.

Has the IND determined that the standard asylum procedure applies to you? Then you follow the steps below. This does not apply to you if your application is processed in one of the other asylum procedures in the Netherlands.

The interview

You will receive a letter inviting you to a personal interview. During this interview, you will discuss the following:

• You can explain why you are applying for asylum.
• An IND employee will ask questions to determine if you are entitled to asylum.
• You can give additional information if anything is unclear.

Interpreter

An independent and impartial interpreter will translate the interview into a language you understand. Independent and impartial means the interpreter has no influence on your asylum application.

Preparing your interview with a lawyer

The Legal Aid Board (in Dutch: Raad voor de Rechtsbijstand or RvR) will arrange a lawyer for you. This is usually free of charge. You will have an introductory meeting with a lawyer shortly before your interview with the IND. The lawyer will help you during the asylum procedure.

Children

Did you arrive in the Netherlands with children under the age of 18? Your children can also share their own story. You or your children indicate to the IND how you wish to do this. This can be done during a personal interview or in a letter.

Did you arrive in the Netherlands without parents or a guardian? You will have a personal interview with the IND if you feel well enough.

Report and recording of the interview

The IND prepares a written report of the interview. You and your lawyer will receive this report as soon as possible. Your lawyer checks with you if the interview report is correct and reports any mistakes and/or additions to the IND.

The IND also makes an audio recording of the interview. Your lawyer can listen back to this recording.

Waiting for the decision on the application

The IND must decide within 6 months.

We can extend the decision period by a maximum of 6 months if the decision takes more time. For example, if a large number of asylum applications are suddenly submitted at the same time.

When it is your turn for your application to be reviewed

Read about the average waiting times for your asylum application.

Decision on application

You will receive the decision in a letter. The decision is positive or negative.

• Positive decision: You will get an asylum residence permit. Your decision states the reason (status) for which you get a residence permit:

  • Refugee
  • Person with subsidiary protection
  • Family member

  Your status determines the requirements you have to meet for asylum family reunification.

• Negative decision: You will not get an asylum residence permit. You may receive a return decision and an entry ban. With help of your lawyer, you can appeal against this decision to a Dutch court.

Is the decision on your application positive? Then, if possible, you will get the residence document at the same time as your decision. Has your residence document not been created yet? Then you will receive a letter when the residence document is ready at the IND desk. You must make an appointment to collect it. Make an appointment to collect the residence document.

You hand in the Foreign Nationals Identity Document at the IND desk.