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Criteria known of transitional arrangement for children’s pardon

The criteria of the Final Regulation have been published on 11 February in the Dutch Government Gazette (Stcrt.).

This is a transitional arrangement  for the Regulation for Long-term Resident Children (DRLVK), also called the children's pardon, which was terminated on 29 January 2019. The Final Regulation specifies the cases in which the IND will reassess applications.

These are persons who had previously submitted an application under the DRLVK, whose applications were rejected solely on the basis of the cooperation criterion, and who were staying at a location of the Central  Agency for the Reception of Asylum Seekers (COA) or were under the supervision of the family guardian organisation NIDOS on 29 January 2019. These people do not have to do anything. The IND will reassess their applications. This also concerns people whose applications were rejected only because of the cooperation criterion, but who were not staying at a COA location or were under the supervision of NIDOS on 29 January 2019. A requirement for this group is that they were staying in the Netherlands on 29 January 2019. They need to express their wish for reassessment by sending an application form (currently only in Dutch). The application will be submitted in time if it is sent to the IND by 25 February 2019 at the latest.

In addition, there is a possibility for two weeks to submit an application to be eligible for a residence permit under the Final Regulation. All current procedures for applications under the DRLVK will be assessed or reassessed pursuant to the Final Regulation.

Conditions
The main conditions for issuing a residence permit are that the person concerned (B9/6.5 Alien Act Implementation Guidelines (Vc)):

  • Was staying in the Netherlands on 29 January 2019;
  • Was under the age of 19 at the time he/she submitted the original application (or at any time between  1 February 2013 and 29 January 2019);
  • Submitted an asylum application at least 5 years before reaching the age of 18;
  • Did not evade government supervision;
  • Withdraws his/her current procedures on issue of a residence permit pursuant to the Final Regulation.

There may also be no so-called contraindications. This is the case, for example if there has been a disturbance of public order, no cooperation in establishing his/her identity, or if the child was not available for departure during his/her stay in the Netherlands.

Important! All ongoing procedures for applications on the grounds of the Definitive Regulation for long-term resident children, including appeal procedures (whether or not to higher courts) will be assessed on the basis of the Final Regulation. In that case you will not have to file a new application.

Coalition agreements
The criteria of the Final Regulation ensue from the agreements the government parties made on this on last 29 January. De DRLVK was also terminated on that date. The State Secretary of Justice and Security informed the Lower House of Parliament to that effect in a letter and instructed the IND to implement the new agreements as soon as possible.

Due care
The IND realises that the new policy can have a great impact on the personal situations of the persons concerned. It goes without saying that the IND will therefore work carefully in assessing and reassessing applications. The IND needs sufficient time to do so. The amount of time depends on the number of applications that have to be reassessed. This number is not yet known. The IND is trying in any case to process all assessments and reassessments by the end of this year. Where possible, applicants will be informed of a decision as soon as possible.

The complete text and the criteria of the Final Regulation have been published in the Dutch Government Gazette (in Dutch).

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