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Law on Remigration

Original Language Title: Remigratiewet

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Law of 22 April 1999 laying down rules for the provision of provisions for the benefit of remigration (Remigration Act)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

Having considered that, it is appropriate to lay down provisions concerning the provision of facilities for the possibility of remigration;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. General provisions

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Article 1

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. Bending amount: gross amount intended as a result of the failure or failure to properly discharge the obligation Article 5a , erroneously or up to an excess amount of remigration facilities;

    • b. Destination country: country in which a remigrant is going to settle;

    • c. main residence: the place where a person has his actual residential basis;

    • ed. child: an emigrated child, a stepchild or a foster child, who is an emigrating child;

    • e. country of origin: country where the remigrant is born and whose migrant has or has possessed the nationality;

    • f. Our Minister: Our Minister of Social Affairs and Employment;

    • g. partner: the multi-emigrating spouse, the multi-emigrating partner or the multi-emigrating spouse, who is not related to the first degree of the remigrant, and who carries with the remigrant a joint household with a view to those concerned have their principal residence in the same dwelling, except that this common household consists of two adult persons,

    • h. remigrant: a person as intended in Article 2 , who, with the application of this Act, intends to give up his/her legitimate head residence in the Netherlands for the purpose of remigration, or has been reemigrated and has been established in a designated country since.

    • i. Remigration facilities: provisions specified in Article 4 ;

    • j. remigrate: to establish itself outside the Kingdom, in the country of origin;

    • k. Social Insurance Bank: the Social Insurance Bank, named in Chapter 6 of the Act implementing organisation of work and income ;

    • l. Departure date: the first day after the actual departure from the Netherlands;

    • m. Custodial sentence or detention order: A custodial sentence or measure involving deprivation of liberty as referred to in the Court of law, which has been irrevocably delivered Penal code , subject to the cases provided for in Article 37, first paragraph, of the Penal Code .


Article 1a

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The target group of this law is:

  • (a) persons born and held in and held by the nationality of a Member State of the European Union with which the Netherlands has concluded a bilateral recruitment agreement before the date of accession of that State to the The European Union has established in the Netherlands;

  • (b) persons born and held in and held by the nationality of a country with which the Netherlands has concluded a recruitment agreement and which is not a Member State of the European Union, and before the date of entry into force of this Article in the Netherlands;

  • (c) persons with the Dutch or Surinamese nationality who were born in Surinam and established in the Netherlands before the date of entry into force of this Article;

  • d. persons appearing in the register provided for in Article 1 (b) of the Law of Rietkerk-benefit , and

  • e. aliens who, before the date of entry into force of this Article, is authorised to remain in the Netherlands on the basis of Article 8 (c) or (d) of the Aliens Act 2000 have received and persons who, before that date, have established themselves in the Netherlands under Article 8 (c) or (d) of the Aliens Act 2000, in the context of family reunification with a foreigner who lawfully resides in the Netherlands.


Article 2

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This Act shall apply to:

  • a. A majority-year-old stranger as referred to in Article 1 (e) of the Law on the Netherlands Government , which belongs to the target group, and

  • b. A majority-year-old Dutchman, who does not also own another nationality, who belongs to the target group and who declares his willingness to do whatever is reasonably possible in order to be able to use the nationality of the country of destination with competent authority; to obtain a speed.


Article 2a

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  • 1 The declaration referred to in Article 2 (b) , shall be submitted in writing to the Social Insurance Bank for the date of departure.

  • 2 The remigrant, referred to in Article 2 (b) , shall, as soon as possible, request the authorities of the country of destination for the nationality of that country and shall without delay send the written evidence of that request to the Social Insurance Bank.

  • 3 The remigrant, referred to in Article 2 (b) , once a year, inform the Social Insurance Bank of the progress of the treatment of his request for the acquisition of the nationality of the country of destination, unless otherwise provided by the Social Insurance Bank.

  • 4 The remigrant, referred to in Article 2 (b) , which has obtained the nationality of the country of destination, shall transmit proof thereof to the Social Insurance Bank without delay.

  • 5 In the case of ministerial arrangements, detailed rules may be laid down in respect of the provisions of the first and third paragraphs.


Article 2b

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  • 2 A remigrant who remigrates together with his partner shall be eligible only for the remigration facilities, if his partner also fulfils the conditions specified in paragraph 1 (d), (e) and (f).

  • 3 If the spouse of whom the remigrant does not live permanently separated, also resides in the Netherlands, the remigration facilities shall only be provided if the remigrant and his partner remigrate together.

  • 4 If the remigrant and his partner intend to remigrate with their foster children, the remigrant must have a written certificate of consent to the intended remigration of those foster children to the Social Insurance Bank. the person exercising the parental authority or custody of the foster children.

  • 5 Under stay for a temporary purpose referred to in paragraph 1 (h), the period of residence of the foreigner belonging to a category of foreign nationals to be classified by ministerial arrangement shall be granted.

  • 7 If the applicant has received successively different lawful benefits or income benefits with a break of up to one month, on the basis of the laws referred to in paragraph 1, the period shall be that part, the sum of the periods that he was uninterrupted on the basis of those laws.

Chapter II. Facilities for the benefit of remigration

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Article 3 [ Expaed by 01-07-2014]

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Article 4

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  • 1 To a remigrant who meets the conditions specified in Article 2b , a periodic payment shall be made to cover the necessary costs of existence in the country of destination.

  • 2 To a remigrant referred to in paragraph 1, a compensation shall be granted to the costs of insurance against sickness costs in the country of destination to be concluded by him if he/she does not apply a Regulation of the Council of the European Communities or any convention on social security concluded by the Netherlands with one or more other States may apply to benefits in kind which are, in principle, payable to him by the funds of the Zorginsurance Fund, as referred to in Article 4 (2) of the Treaty. Article 39 of the Zorginsurance Act , to be granted.

  • 3 To a person as intended in Article 2 , who has been reemigrated to a country of destination and which is not entitled to receive a periodic benefit as referred to in paragraph 1 solely on account of the fact that prior to his departure from the Netherlands he does not have to make a claim for the benefit of the benefit of the In accordance with the conditions to be laid down by or on the basis of a general measure of management referred to in paragraph 1, a periodic payment shall be made on request if he/she is entitled to a benefit on the day of departure; land of the Law employment and income to work then on the basis of the Incapacity for work insurance , what benefit after his departure from the Netherlands on the basis of Law employment and income to work or on the basis of Article 36 or 43 of the Disability Insurance Act (Wet op de Disability) has been reduced or withdrawn.

  • 4 The second member and the Articles 5 , 6 and 7 shall be applicable mutatis mutandis to the person referred to in the third paragraph.

  • 5 If the remigrant and, where applicable, his partner and their children have not been reemigrated within a period of six months from the date of the decision granting the provisions of the first and second paragraphs, the withdraw all or part of the decision, unless the remigrant or its partner of the overrun of that period cannot reasonably be made reproach.


Article 5

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  • 1 If the remigrant has a partner and he ceases to conduct a common household with that person, each of the parties shall obtain a right to the remigration facilities as if he were a single remigrant.

  • 2 If the remigrant has a partner and he or his partner dies, the longest-living person obtains a right to the remigration facilities as if he were a single remigrant.

  • 3 If the remigrant and his partner die, the minor children obtain a proportional share of the right to half of the remigration facilities on which the remigrant and his partner would have been entitled to life.

  • 4 In the first, second and third paragraphs, the partner shall be understood to mean the partner in question. Article 1, second paragraph .


Article 5a

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The remigrant and, where appropriate, his partner and their children or their legal representative shall be obliged to communicate to the Social Insurance Bank, at its request or without delay, all facts and circumstances of their own accord. of which it must be reasonably clear to him that they may have an effect on the right to or the height of the remigration facilities specified in the Articles 2a , 2b , 4 , 5 , 6 , 6a and 11 , to make the right to those provisions or to the amount to be paid.


Article 6

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  • 1 The right to the remigration facilities of the remigrant ends from the first day of the month following that in which the remigrant once again has his main residence in the Netherlands.

  • 2 The right of the partner to the facilities, intended to be used in Article 5, first and second paragraphs , ends with effect from the first day of the month following that in which the partner has his main residence in the Netherlands.

  • 3 The right of the child to the facilities, intended in Article 5, third paragraph , shall end with effect from the first day of the month following that in which the child has his main residence in the Netherlands.


Article 6a

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  • 1 The right to rescue services shall end if the remigrant or, where applicable, his partner, is deprived of the execution of a custodial sentence or measure involving deprivation of liberty.

  • 2 The right to remigration facilities shall terminate if the remigrant or, where applicable, his partner, has been deprived of his freedom for at least one month.

  • 3 If the right to remigration facilities ends on the basis of the first or second members, and the remigrant has a partner, the remigrant or his partner shall not be deprived of his freedom of law and shall not be deprived of the rights of the migrant to the implementation of a custodial sentence or detention order, a right to the remigration facilities as if he were a single remigrant. If the remigrant has been reemigrated exclusively with underage children, the underage children receive a proportional share of the right to half of the remigration facilities to which the remigrant would have been entitled.

  • 4 The remigrant or his partner who does not have a right to remigration facilities under the first paragraph shall have effect as of the first day of the month after he no longer withdraws from the implementation of a custodial sentence or a measure involving deprivation of liberty, having regard to the provisions of this Law, to the right of migration provisions, in which case the remigration provisions referred to in paragraph 3 shall be cancelled.

  • 5 The remigrant or his partner who does not have a right to remigration facilities under the second paragraph shall be entitled, with effect from the first day of the month after he is placed in freedom, in accordance with the provisions of this Law Remigration facilities, in which case remigration provisions as referred to in paragraph 3 shall be cancelled.


Article 6aa

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  • 1 The Social Insurance Bank shall refuse to accept all or part of the rehabilitation facilities, whether temporary or permanent, if the remigrant, his partner, their children or their legal representative is an obligation to the person concerned Article 5a or 8g, second member , not properly, or not properly fulfilled.

  • 2 A measure referred to in paragraph 1 shall be tailored to the seriousness of the conduct and to the extent to which the person concerned may be accused of the conduct. In any event, the imposition of a measure shall be waived if any form of dilation is missing.

  • 3 The social security bank may refrain from the imposition of a measure as referred to in paragraph 1 and suffice to give a written warning in this regard to the failure to comply with an obligation as referred to in Article 3 (1). Article 5a or 8g, second member If the failure to comply in time of the obligation has not resulted in an undue payment of the remigration provisions unduly or up to an excessive amount, unless the obligation is not fulfilled in time within a period of two years to be counted from the date on which a warning was previously issued to the person concerned.

  • 4 The Social Insurance Bank may waive the imposition of a measure if there are compelling reasons for doing so.

  • 5 The imposition of a measure does not continue to be imposed if, for the same conduct, an administrative fine as provided for in Article 6b -It's imposed.

  • 6 In the case of, or under general management, detailed rules relating to the first and second members shall be given.


Article 6b

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  • 1 The Social Insurance Bank shall impose an administrative penalty of not more than the bending amount for failure or failure to comply properly by the remigrant, his partner, their children or their legal representative of the obligation, as specified in the Annex. Article 5a . The administrative penalty is not lower than the penalty which would be imposed on the basis of the second paragraph if there was no penalty amount.

  • 2 If not or not properly fulfilled by the remigrant, his partner, their children or their legal representative of the obligation, intended Article 5a , has not resulted in a benzenary amount, the Social Insurance Bank shall impose an administrative penalty of up to the amount of the second category referred to in the Article 23, fourth paragraph, of the Code of Staff .

  • 3 The Social Insurance Bank imposes an administrative penalty on account of failure or failure to comply properly by the remigrant, his partner, their children or their legal representative of the obligation, Article 5a , as a result of which unduly or up to an excess amount has been received from remigration facilities, up to a maximum of 150 per cent of the bene amount if within a period of five years prior to the date of the offence of the offence an earlier administrative fine or criminal penalty has been imposed on a previous infringement, consisting of a similar conduct, which has become final.

  • 4 By way of derogation from paragraph 3, the period of five years referred to in that paragraph shall be 10 years if, as a result of the earlier offence referred to in paragraph 3, the remigrant, his partner, their children or their legal representative has been punished by a person Unconditional imprisonment.

  • 5 The Social Insurance Bank may waive the imposition of an administrative penalty as referred to in the first and second paragraphs and shall be sufficient to give a written warning in respect of the failure to comply or not properly, Intended in Article 5a If it has not resulted in an undue payment or an excessive amount of the remigration facilities provided for in Article 4 , unless the fulfilment of the obligation not properly or not properly takes place within a period of two years from the date on which the remigrant, his partner, their children or their legal representative has previously been given a warning such as that.

  • 6 The social security bank may:

    • a. Reducing the administrative fine if there is a reduction in reproach;

    • (b) renounce the imposition of administrative penalty if there are compelling reasons for doing so.

  • 7 In the case of a general measure of administration, detailed rules on the level of the administrative penalty shall be laid down.

  • 8 The person to whom an administrative penalty has been fined shall be required to provide the Social Security Bank with the information which is important for the enforcement of the administrative fine.


Article 6c

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  • 1 Without prejudice to any modification or withdrawal of a decision granting the remigration facilities, or by virtue of this Act, the Social Insurance Bank shall, without prejudice to or in accordance with this Law, amend or withdraw such a decision in:

    • a. if it is not or is not properly fulfilling a liability under Article 2a , 5a or 8g has led to an undue payment of the remigration facilities, or to an over-high sum;

    • b. if otherwise, the remigration facilities have been incorrectly established or at an overstated amount;

    • c. to the extent that it does not or does not properly comply with an obligation on the basis of Article 2a , 5a or 8g lead to the possibility of finding out the extent to which the right of migration provision still exists;

    • d. if a person is as intended in Article 2 (b) , has failed to do what is reasonably possible to obtain the nationality of the country of destination with skillfully urgent action.

  • 2 Without prejudice to the first paragraph, the Social Insurance Bank shall withdraw a decision to grant the remigration facilities provided that, after a suspension of up to six months, the remigrant and, where appropriate, the partner, one of their children or their legal representative does not submit an application or otherwise refuses to cooperate in the establishment of a right to benefit as referred to in the Article 6d, first paragraph, part d .

  • 3 The social security insurance bank may, in respect of the benefit periods in the past, waive or withdraw, in whole or in part, the amendment or withdrawal if there are compelling reasons for it.

  • 4 If the remigrant, his partner, one of their children or their legal representative has fulfilled all the obligations imposed by or under this Act, and he has been reasonably unable to understand that the remigration facilities unduly or on an excessive amount, the Social Insurance Bank shall, in respect of periods of benefit in the past, fully or partially waive or cancel any change or cancellation.


Article 6d

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  • 2 The suspension lasts for a maximum of six months.


Article 6e

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  • 1 The Social Insurance Bank shall recover the amounts which have been paid in undue payment under this Act from the remigrant and, if applicable, of his partner.

  • 2 Unliable paid provisions as referred to in Article 5, third paragraph , be recovered from the children of the remigrant or his partner or their legal representative.

  • 3 The social security insurance bank may waive recovery, or part of the recovery, if there are compelling reasons for it.

  • 4 If the remigrant, his partner, one of their children or their legal representative has fulfilled all the obligations imposed by or under this Act, and he has been reasonably unable to understand that the remigration facilities The social security insurance bank shall, in whole or in part, be recovered from recovery, wrongly or at an excessive amount.

  • 5 The Social Insurance Bank may pay the amounts due under this Act and the administrative penalty, as referred to in Article 5 (1). Article 6b ...........


Article 6f

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  • 3 Without prejudice to the first and second paragraphs, the Social Insurance Bank shall be entitled to the administrative penalty provided for in Article 6b , netting a claim against the person to whom the administrative penalty has been imposed on him.


Article 6g

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  • 1 A decision pursuant to this Act and the provisions based thereon shall be given within a reasonable period after receipt of the application.

  • 2 The reasonable period of time shall, in any event, have elapsed when no decision has been taken within 16 weeks of receipt of the application or a notification referred to in the third paragraph has been made.

  • 3 If a decision cannot be made within the period of 16 weeks, that period shall be extended by a reasonable period of time and the applicant shall be informed thereof.

  • 4 By way of derogation from Article 7:3 (c) of the General Administrative Law may be waived by an interested party if the person concerned does not declare that he wishes to make use of the right to be heard within a reasonable time limit set by the Social Insurance Office.


Article 7

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  • 1 In the case of, or under general management, detailed rules for the remigration arrangements shall be laid down. In any case, these rules shall cover:

    • a. The amount of the periodic benefit, referred to in Article 4, first paragraph , and the concession provided for in Article 4, second paragraph;

    • (b) the consequences for the periodic distribution of the overlapping of benefits;

    • (c) the date on which the right to the remigration facilities enters and expires.

  • 2 A general measure of management established under paragraph 1 shall not enter into force earlier than four weeks from the date of issuance of the Official Gazette in which he is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.

Chapter III. Return option

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Article 8

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  • 1 Persons who have been reemigrated pursuant to this Law may return to the Netherlands within one year from the date of their establishment in the designated country.

  • 2 In the case of, or under general management, detailed rules on a return to the Netherlands as referred to in the first paragraph and the conditions to be attached thereto shall be laid down.

Chapter IIIA. Tasks and powers of the Social Insurance Bank

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Article 8a

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  • 1 The Social Insurance Bank shall be responsible for the lawful and effective implementation of this Law and its provisions based thereon, in so far as its implementation has not been entrusted to, or under that law, by the Secretary of State.

  • 2 Our Minister may lay down rules on the implementation by the Social Insurance Bank referred to in the first paragraph.


Article 8b

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  • 1 The costs of the remigration facilities and for the implementation of this Act shall be borne by the State.

  • 2 The Social Insurance Bank shall manage and administer separately the costs referred to in paragraph 1.

  • 3 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of this Article.


Article 8c [ Expat per 01-07-2013]

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Article 8d [ Expired by 01-07-2013]

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Article 8e [ Verfalls by 01-07-2013]

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Article 8f

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  • 1 The Social Insurance Bank shall conduct a separate administration so as to be such that it shall, at any time, be responsible for the adoption of the Article 8b, first paragraph The costs of interest and obligations, as well as payments and receipts, may be verified.

  • 2 In the administration, referred to in paragraph 1, the civil service number shall be drawn up of the remigrant, his partner and their children, with a partner being understood to be the partner of the person concerned. Article 1, second paragraph The term 'children' means children as referred to in Article 1 (3).

  • 3 Our Minister may lay down rules on the establishment of the administration referred to in the first paragraph.


Article 8g

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  • 1 The Social Insurance Bank shall be empowered to adopt control rules. These rules may not go beyond what is strictly necessary for the proper implementation of this law.

  • 2 The persons who are entitled to the facilities provided for in the Articles 4 , 5 and 11 (b) are obliged to follow up the rules which the Social Insurance Bank is responsible for providing for effective control.

  • 3 The control rules referred to in paragraph 1 shall require the approval of Our Minister.


Article 8h

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  • 1 The Social Insurance Bank shall, upon request, provide to our Minister free of charge the information necessary for the performance of his task in connection with this Act. Our Minister may request access to and access to data and records in so far as is reasonably necessary for the performance of his or her duties in connection with this Act, and to the extent that such information and documents are not retractable to particulars and documents relating to individual persons.

  • 2 Our Minister shall lay down rules on the information, particulars and documents referred to in paragraph 1 and on the provision of such information.

  • 3 Our Minister is empowered to use, edit and provide to third parties the information provided by the Social Insurance Bank and the information obtained from the inspection of data and documents referred to in paragraph 1, where such information is available. shall not be traceable to information and intelligence on individual persons.


Article 8i

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  • 1 Our Minister may take decisions which, for a period of not more than six months, are provided for in the case of non-compliance with the obligations arising from the Act by the Social Insurance Bank.

  • 2 Our Minister shall forward decisions as referred to in paragraph 1 without delay to the two Chambers of the States-General.

  • 3 In the case of a general measure of management, temporary provisions may be made in the event of failure to comply with obligations arising from the Act by the Social Insurance Bank under the law.


Article 8j

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Chapter IV. Transitional and final provisions

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Article 9

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Within four years of the entry into force of this Act, our Minister shall send to the States-General a report on the effectiveness and effects of this law in practice.


Article 10

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  • 1 Persons who have emigrated on the day before the entry into force of this Act and received benefits under the Remigration scheme 1985 need not apply for a periodic benefit on the basis of this Act. The amounts of the benefit referred to shall be adjusted by law to the level of the amounts under that law.

  • 3 Article 4, first paragraph , does not apply to persons who have been reemigrated before the entry into force of this Act and who, on the day before the entry into force of this Act, received no benefits on the basis of the Remigratiation scheme 1985.

  • 4 Article 5, first paragraph , does not apply to the partner of the remigrant who emigrated on the day before the entry into force of this Act and, upon the entry into force of this Act, no longer conducts a common household with the remigrant, with a partner in The partner means the partner Article 1, second paragraph .

  • 5 Article 5, third paragraph Does not apply to underage children who emigrated on the day before the entry into force of this Act, and on the date of entry into force of this law, the remigrant and his partner with whom the minor children have emigrated shall not be subject to the legislation of the deceased, where children are defined as children, intended for use in children Article 1, third paragraph The term 'partner' means the partner, which is intended to be used in the Article 1, second paragraph .


Article 11

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  • 1 To a person as intended in Article 2 , who, before the date of entry into force of this Law, has emigrated to a country of destination and which is not entitled to benefit under the Remigratiation Scheme for 1985 solely because of the fact that he had prior to his departure from the Netherlands no application has been made, shall, if necessary, be made by derogation from Article 10, third paragraph , in accordance with conditions to be set by or pursuant to general rules of management, Article 4, first paragraph Upon application a periodic benefit, if he was entitled to a benefit on the day of departure from the Incapacity for work insurance , what benefit after his departure from the Netherlands on the basis of Article 36 or 43 of the Disability Insurance Act has been reduced or withdrawn.


Article 12 [ Exchanges by 08-09-2000]

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Article 13

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The Emigration Act is repealed, with the proviso that the decisions taken under the Basic Migration Grant Scheme for 1985 and the decisions adopted under the 1985 Remigratization scheme remain in force.


Article 14

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  • 1 All assets of the Emigration Board referred to in Article 5 (1) of the Emigration Act shall, at the time of entry into force of this Act, enter the State without the need for an instrument or service for that reason.

  • 2 Legal proceedings and legal proceedings involving the Emigration Board referred to in paragraph 1 and relating to the assets referred to in paragraph 1 shall be continued as from the time of transition. by the State.


Article 15

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The archives of the Emigration Board, which is intended to be Article 14, first paragraph , shall be transferred to the State at the time of entry into force of this Act.


Article 16

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This Law shall enter into force on a date to be determined by Royal Decree.


Article 17

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This law is cited as: The Remigration Act.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at The Hague, 22 April 1999

Beatrix

The Minister for Major Cities and Integration Policy,

R. H. L. M. van Boxtel

Issued the 15th of June 1999

The Minister of Justice,

A. H. Korthals