Second or following asylum application
Requirements and process
A second asylum application is free of charge. The application process for the residence permit consists of the following steps:
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1. Check requirements The following requirements apply to you:
In the Netherlands
You are in the Netherlands.
Applied for asylum before
You applied for asylum in the Netherlands before. The IND rejected this application, or the IND withdrew your asylum residence permit.
New information
There are new elements relevant to your situation that clearly increase the likelihood of you being granted a residence permit. This is information that you were unable to present during the previous asylum application. For example, events have changed your personal situation or the situation in your country of origin. The new information can also be a policy change or a court judgment.
If you meet the requirements, you can complete the application form.
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2. Collect documents Do you have (original) documents to support your application? Then enclose them with the application form. Collect all documents before you apply.
Have official foreign documents documents from abroad translated into Dutch, English, French or German.
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3. Apply Complete the application form (model M35-O) for your second or following application. Do this in Dutch. A lawyer can help you with this. If you want a lawyer, you have to arrange this yourself before the start of the application process. Do you not have a lawyer and are you submitting a second asylum application? Then you are entitled to free legal counseling. These are IND employees who provide you with a general explanation of the asylum procedure. They do not provide personal advice and cannot view the details of your application.
Do you have family members aged 15 or over? Then they must always fill in their own application form. Do you have family members under 15? They only fill in their own application form only if they have personal reasons for wanting to apply for asylum.
When not to fill in the application form
In the following situations no application form is needed and you can report immediately to the application centre in Ter Apel:
- The IND did not consider your previous application. This means that we did not examine the content of your application.
- Another EU country was responsible for your previous asylum application. That is why the IND did not process your application. The Netherlands is, however, now responsible for your asylum application.
- Another EU country was responsible for your previous asylum application. That is why the IND did not consider your application. You returned to this EU country, or the Netherlands transferred you to this EU country.
- The IND rejected your previous asylum application. Afterwards, you returned to your country of origin, and you can prove this. For example, with stamps in your passport.
- The IND granted your last application but later withdrew your residence permit. Afterwards, you returned to your country of origin, and you can prove this. For example, with stamps in your passport.
Report to the application centre in Ter Apel
Report in person at the application centre in Ter Apel. Reporting is possible from Monday to Friday from 08.00 to 15.00. The best time to report is between 08:00 and 12:00. Are you also applying for your children under 18 years? Then they also have to go to the application centre in Ter Apel.
Verification of identity
The IND uses your documents and your fingerprints to check your identity. So bring identity documents with you, for example your passport.
Hand in your application
After checking your identity, a staff member sends you on to the HASA desk at the application centre. This is where you hand in the application form with all your documents. After applying, you will also have a right to reception. The Central Agency for the Reception of Asylum Seekers (COA) arranges this.
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4. Application check The IND checks whether you handed in the application in person and if it is complete.
You did not hand in the application in person
The IND will give you a provisional decision (intended decision). You will be given 1 week to report to the application centre in Ter Apel. If you do not, the IND will not consider your application.
The application is not complete
You will receive a letter from the IND stating which information is missing. The IND will give you time to complete your application. What if you do not send it within the time given in the letter? Then the IND will not consider your inadmissible. This means that the IND does not assess your asylum story.
The application is complete
If the IND has all the necessary information, we will start to process your second or following asylum application. You will receive a letter from the IND stating that you will have an interview. Or that you will not have an interview because there is enough information to make the decision.
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5. Interview or not The IND decides whether you will have an interview or not.
You will not have an interview
You or your lawyer will receive a letter from the IND. This letter will state that you do not have an interview. Your lawyer can respond to this. The letter states how much time your lawyer has to send the response. After that, you will receive the decision.
You will have an interview
You will have an interview. Shortly after the interview, you will receive a decision after your interview with the IND.
An interpreter translates the interview between you and an IND staff member. During the interview, the IND staff member will only ask questions about new relevant elements. These are the reasons you are applying for asylum again.
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6. Decision on application There are 2 possible outcomes:
1. You will get an asylum residence permit
You receive a positive decision from the IND. You will get an asylum residence permit.
2. You will not get an asylum residence permit
You receive a negative decision from the IND. The decision states that you must leave the Netherlands and an entry ban will be imposed on you. You can appeal this decision in court.
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7. Collect residence permit When the residence permit is ready at an IND desk, you will receive a letter. You must make an appointment to collect it. Make an appointment to collect the residence document.
Application form
Written application forms
The residence permit
There are some other things you need to know about your residence permit.
Working with your residence permit
You are free to work in the Netherlands. Your employer does not need a work permit (in Dutch: tewerkstellingsvergunning or TWV). On the back of your residence permit it says ‘Free to work. Work permit not required' (in Dutch: Arbeid vrij toegestaan. TWV niet vereist). TWV stands for tewerkstellingsvergunning which means work permit in Dutch.
Legal obligations
You have an obligation to provide information. This means that you must inform the IND of changes in your situation. Read more about your obligation to provide information.
The IND checks whether you meet this obligation. If you do not, you can get may get an administrative fine.
Validity of residence permit
Your residence permit is valid until the IND decides to withdraw it. The residence document is valid for 3 years.
Type of residence document
The residence document is type III, asylum residence permit. Your card also states what the reason for your stay is (your status).
Other applications
Replacement of the residence document
Has the residence document been damaged, lost or stolen? Then have the residence permit replaced. Go to the page residence permit damaged or change of personal details or residence permit lost or stolen.
Extend the residence document
Will your residence permit expire within 3 months? Then you can renew your asylum residence document.
Residence permit for long-term EU residents
Did you live in the Netherlands for 5 years after you received the asylum residence permit? Then you can perhaps apply for a residence permit for long-term EU residents.