Last week, the government parties reached a new agreement on the Definitive Regulation for Long-term Resident Children (the official name of what is called the 'children's pardon'). State Secretary Harbers (of Justice and Security) has instructed the IND to implement the new agreement as quickly as possible. The IND has already started working on this process.
We understand that those eligible for the new scheme would like to know the exactly how it will work. It is precisely because the details may be of great importance for people's personal situation that we are now working very carefully on setting the criteria. This will take some time. We expect to be able to provide more information about the content of the new scheme by the end of the first week of February. Further information will be published on this website. We therefore recommend waiting for this, since the IND cannot yet provide any further details on the implementation at this time.
Proceeding with every care
As a result of the new agreement reached by the coalition parties, it is now clear that the IND is being asked to re-assess a large group. Since this assessment can significantly impact the personal situation of those concerned, the IND is proceeding with every care.
We will of course do this as soon as possible, within the options open to us, so that those affected receive clarity regarding their status as soon as possible. It should be noted that the re-assessment of all eligible cases will require considerable time.
On 29 January, State Secretary Harbers informed the Dutch House of Representatives that the Regulation for Long-term Resident Children (Definitieve Regeling Langdurig Verblijvende Kinderen or DRLVK) would be revoked with immediate effect (as of 29 January 2019) and a transitional arrangement is being prepared. All applications for a children's pardon under the former regulation refused on the grounds of the cooperation requirement will be reassessed. The re-assessment will be based on the availability requirement which requires that a foreign national must have been available for departure interviews and complied with the duty to report. All other terms and conditions and contraindications under the former regulation, such as aspects related to disrupting the public order, war crimes under Article 1 (UN Refugee Convention), and identity fraud, remain unchanged.
It is possible that some people did not previously submit an application under the former regulation because they themselves decided that they did not meet the cooperation requirement. Alternatively, they have not yet submitted an application, although they believe that they would meet the (new) conditions. For such people, there will be a transitional law, that will soon be published in the Dutch Government Gazette (Staatscourant) and on the IND's website. Under this transitional law, and subject to certain conditions, such people will still be entitled to submit an application to this effect. The deadline for submission is expected to be short, but certainly longer than a few days. It is not, therefore, necessary to immediately take any action. It is advised to regularly check the IND's home page.