IND assessing new family reunification rules in practice

The options for asylum permit holders to have family members join them in the Netherlands are changing due to the introduction of the two-status system. The reduction in the scope of the definition of the nuclear family and the additional requirements imposed on family reunification applications therefore apply to over 19,000 applications submitted before 12 June on which a decision has not yet been made. It is precisely because of the legislature’s decision that it is even more important to establish quickly how the courts will interpret this new law in terms of its effect on individual cases.

Precondition 

The IND is processing several dozen applications that will be rejected under the new law. The Council of State has already described the application of the new rules to applications that have already been submitted as problematic, because it leads to, among other things, unequal treatment. The previously published chain-wide feasibility test  (only available in Dutch) imposes an important precondition because of that, namely a pilot scheme involving a small number of cases in order to determine whether it is legally justifiable to apply the new rules with retroactive effect.

Processing or preparing as many applications as possible 

In the meantime, the IND is continuing to process applications that are not affected by the new law. These include applications for family members A-status asylum permit holders who do fall under the definition of the nuclear family. In the case of applications which are affected by the new rules but not covered by the pilot scheme, the necessary steps will be taken to complete the application as soon as they are due to be processed. However, a decision on these cases will be postponed until the courts have ruled on the cases included in the pilot scheme and the relevant decisions taken in line with the new rules. 

Revised policy 

Under the new law, the family members who are eligible for family reunification will change for all asylum permit holders. From 12 June onwards eligibility will apply only to core family members and no longer to unmarried partners, adult children and foster children. In addition, Dutch law states that people who are granted subsidiary protection (B status) – for example because they are fleeing war – must meet additional requirements before they can have family members join them in the Netherlands. One of those is that they will have to wait two years after having obtained a residence permit before they become eligible for family reunification. They will also be required to prove that they have their own accommodation and sufficient means to support their family members.  

Court ruling 

A court ruling will ultimately provide clarity to both applicants and the IND regarding how the new rules should be applied. This will also avoid a situation in which already processed cases have to be reassessed at a later date. That would be annoying for applicants and also place an additional burden on, among others, the IND, the courts and the legal profession. The approach being adopted would avoid this additional burden, which the feasibility test revealed would be unmanageable. Once the courts have issued a landmark ruling and its implications are clear, the IND will resume processing cases which have been subject to the temporary pause on decision-making.