Key Benefits:
Law of 23 November 2000 until a general revision of the Aliens Act (Aliens Act 2000)
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:
In this regard, we considered that it would be desirable to review existing legislation concerning the admission and expulsion of foreign nationals, the supervision of foreign nationals residing in the Netherlands, and border surveillance, and to do so in the Netherlands. Establishing a new Aliens Act;
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:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
additional document: document containing the additional information referred to in the second subparagraph of Article 6, first paragraph, of Directive 2011 /98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a combined licence for third-country nationals to stay and work in the territory of a Member State, as well as on a common set of rights for third-country workers legally resident in a Member State reside (PbEU 2011, L343);
officials in charge of the border control: the officials referred to in the Article 46 ;
Officials responsible for the supervision of referrers: the officials referred to in the Article 47a ;
Officials responsible for the supervision of foreign nationals: the officials referred to in the Article 47 ;
asylum: the stay of the foreigner in the Netherlands on the grounds, intended in the Articles 29 and 34 ;
external borders: the Dutch sea borders, as well as air or sea ports where border controls are applied to persons;
the basket shee: the basket head, intended in Article 27 of the Polition Act 2012 ;
Dublink Regulation: Regulation (EU) No 248/ Of the European Parliament and of the Council of 26 June 2013 laying down the criteria and mechanisms for determining which Member State is responsible for examining an application for international protection granted by a national of a third country or stateless person is submitted to any one of the Member States (PbEU 2013, L 180);
recognised referent: the referent under Article 2c is recognised as such;
European regulations relating to biometric data:
1 ° Regulation (EU) No Of the European Parliament and of the Council of 26 June 2013 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 603/2013 of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints 604/2013 establishing the criteria and mechanisms for determining which Member State is responsible for examining an application for international protection granted by a third-country national or a stateless person to any of the Member States and requests by law enforcement authorities of the Member States and Europol for comparison of Eurodac data for law enforcement and amending Regulation (EU) No (EU) No 1/2 shall be submitted to the Member States. 1077/2011 setting up a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (PBEU L 180/ 1);
2 ° Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 on the Visa Information System (VIS) and the exchange between Member States of data relating to short-stay visas (PbEU L218);
3 ° Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a common visa code (Pb EU L 243);
4 ° Regulation (EC) Council of the European Union No 1030/2002 of 13 June 2002 on the introduction of a uniform format for residence permits for third-country nationals (PbEU L157);
combined permit: permanent residence permit for some time as intended Article 14 , granted by our Minister under the restriction of 'paid employment' or 'learning work', which is also authorised to carry out work with a specific employer, with the supplementary document;
Community nationals:
1. nationals of the Member States of the European Union who, under the Treaty establishing the European Community, are entitled to enter and reside in another Member State;
2. family members of the persons who are nationals of a third State who are entitled to enter a Member State on the basis of a decision taken pursuant to the Treaty establishing the European Community and to stay;
3 °. nationals of a State party to the Agreement on the European Economic Area of 2 May 1992, who enjoy rights equal to that of citizens of the Member States of the European Economic Area of 2 May 1992 on entry and residence in a Member State European Union;
4 ° family members of the persons who are nationals of a third State and who are entitled to enter and reside in a Member State under the abovementioned Convention;
5 °. nationals of the Swiss Confederation, if they reside on the basis of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, established in Luxembourg on 21 June 1999, on the free movement of goods Movement of persons (Trb. 2000, 16 and 86);
6 °. relatives of the persons who are nationals of a third State and who are entitled to enter and stay within the territory of a Member State under the Agreement referred to in 5 (2);
'border procedure' means the asylum procedure referred to in Article 43 of the Rules of Procedure Directive;
repeated application: an application based on the Article 4:6, 2nd paragraph, of General Law governing law may be rejected;
'entry ban' means the entry ban referred to in Article 3 (6) of the Return Directive;
international protection: international protection as referred to in Article 2 (a) of the Qualifying Directive;
Qualifying Directive: Directive No 2011 /95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, for uniform status for refugees or for refugees persons who are eligible for subsidiary protection, and for the content of the protection granted (PbEU 2011, L 337);
long-term resident: holder of EU residence permit for long-term residents as intended Directive No 2003 /109/EC of the Council of the European Union of 25 November 2003 on the status of long-term residents of third countries (PbEU 2004, L16), as amended by Directive 2011/51 /EU of the European Parliament and of the Council in order to extend its scope to beneficiaries of international protection (PbEU 2011, L 132) or from any other Member State of the European Union pursuant to this Directive issued EU residence permit for long-term residents;
minor: any person who has not reached the age of 18 years;
Our Minister: Our Minister of Justice;
Directive: Directive 2013 /33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (PbEU 2013, L 180);
subsequent application: a subsequent request as referred to in Article 2 (q) of the Procedure Directive;
transfer decision: the decision referred to in Article 26 of the Dublin Regulation;
personal data and processing of personal data: which is understood to be Article 1 of the Personal Data Protection Act ;
Procedural Directive: Directive 2013 /32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for the award and withdrawal of international protection (PbEU 2013, L 180);
referent: the person Article 2a has made a statement or has been designated as such;
Directive on temporary protection: Directive No 2001 /55/EC of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a mass influx of displaced persons and measures to promote a balance of effort between Member States for the reception and reception of displaced persons the consequence of the reception of such persons (PbEG L 212);
Schengen Borders Code: Regulation (EC) No 1013/EC Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the crossing of borders by persons (Schengen Borders Code) (PbEU L 105);
'Return decision' means the return decision referred to in Article 3 (4) of the Return Directive;
Return Directive: Directive 2008 /115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for the return of third-country nationals residing in their territory illegally (PbEU 2008, L 348);
temporary protection: lawful residence within the meaning of Article 8 (f) or (h) , of the foreigner whose expulsion in connection with an application as referred to in Article 28 on the basis of the Temporary Protection Directive;
stay on regular grounds: the stay of a foreigner in the Netherlands under this law other than on the grounds specified in the Articles 29 and 34 ;
'Convention refugee' means the foreigner who is a refugee within the meaning of the Refugee Convention and to whom the provisions thereof apply;
Refugee Convention: the 1951 Geneva Convention on the Status of Refugees (Trb. 1954, 88) and the corresponding protocol of New York of 1967 (Trb. 1967, 76);
foreigner: any person who does not own the nationality of the Netherlands and should not be treated as a Dutchman on the basis of a legal provision;
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. cancellation of a visa: withdrawal of a retroactive visa up to and including the time of issue;
b. authorisation until provisional stay: visa for entry into the Netherlands for a stay of more than 90 days;
c. Return visa: visa for entry to the Netherlands of a foreigner who will temporarily leave the Netherlands;
ed. Visa: each entry of visas for entry into the Netherlands for the purpose of stay of no longer than 90 days, issued by or because of a competent authority as provided for by a binding decision of the Council of the European Union, of the European Parliament and of the Council Joint or the Commission of the European Communities, as well as the visas referred to in points (b) and (c).
1 There is an Advisory Committee on Foreign Affairs.
2 The committee shall consist of at least seven members. Officials working in a Ministry or any institution, service or company, or any other work in subordination to Our Ministers, shall not be appointed as a member.
3 As chairman, a judicial official with jurisdiction is preferred.
4 The Committee shall be responsible for advising our Minister on the law on aliens and on the relevant policies, including amendments to this law.
5 In the case of a general measure of management, rules shall be laid down regarding the establishment and operation of the committee.
6 The Commission shall be empowered to obtain, in writing or orally, the information which it considers necessary for the performance of its task.
1 For the purposes of the stay of a foreigner in the Netherlands, other than a Community national, may, in any event, act as a reference:
a. A Dutchman, who is staying in the Netherlands or who is going to stay in the Netherlands with that stranger;
b. a foreigner, who is lawfully residing in the Netherlands on the basis of Article 8 (a) to (e) or (l) , whether those for stay can stay longer than 90 days in the Netherlands and stay with that stranger in the Netherlands;
c. an undertaking or legal person, or an establishment thereof, registered in the Commercial Register, as referred to in Article 2 of the Commercial Registry Act 2007 ,
which for the purpose of the intended stay on the basis of a provisional stay or stay under a residence permit as specified in Article 14 from a foreigner has made a written statement, or has been designated by Our Minister as a referent.
2 In the case of or under general management measure:
a. to lay down detailed rules on natural persons and organisations, which may act as a reference;
b. shall be provided with care obligations to the alien in respect of referents;
c. may be subject to rules as to the designation as a reference.
3 Our Minister shall establish the model of the declaration referred to in paragraph 1.
1 The point of reference shall, in any event, end if:
a. for the purpose of residence of the foreigner in the Netherlands, another as a referent;
b. the residence permit of the foreigner has been changed;
c. the foreigner has been placed in possession of a residence permit for an indefinite period of time as intended Article 20 ;
d. the foreigner becomes Dutchman or has to be treated as a Dutchman under some law;
e. the reference to our Minister according to the rules laid down by our Minister, has communicated to the truth of the termination of his relationship to the foreigner, or of the final date, of the final departure of the foreigner from the Netherlands;
f. the stranger has died.
2 Our Minister informs the former referent of the termination of his referrship.
3 In the case of, or under general management, detailed rules shall be laid down regarding termination of the referrship.
1 Our Minister is empowered:
(a) to grant the application for recognition, to reject it, to reject it, or to take it into consideration; and
(b) to suspend, revoke or to amend the recognition as a reference.
2 The recognition as a referent is related to the purpose for which the foreigner wishes to reside in the Netherlands.
3 The recognition as a referent applies for an indefinite period of time.
4 The decision on an application for recognition as a referent is given within three months, which period may be extended for a maximum of six months, if, in the opinion of our Minister for the assessment of the application's opinion, or research by third parties or the public prosecutor ' s office, or a statement of conduct, issued in accordance with the Law and punitive data law It's gonna be.
5 The applicant shall be in cases to be determined by Our Minister, and according to rules to be given by our Minister, a fee shall be required in respect of the settlement of an application for the recognition as a reference. Article 4:5, 4th paragraph, of the General Law on administrative law does not apply.
6 Our Minister holds a public register of recognised referrers.
1 Particulars and documents of relevance to the application for recognition as a reference shall not be obtained from the applicant to the extent that our Minister may obtain that information or documents from the regulation of our Minister. any administrative authority, unless it prevents the law from being properly implemented.
2 In accordance with rules laid down by our Minister, the applicant shall submit to our Minister, upon request, whether or not in person, particulars of the particulars and documents relevant to the evaluation of the application.
3 The rules of our Minister shall lay down the particulars and documents applicable to the first paragraph and may be used to designate administrations or parts thereof, for which the first paragraph shall be temporarily not applicable.
1 Our Minister may reject the application for recognition as a referent or amendment to the recognition as a referent if:
a. The applicant, where required by reason of the Commercial Registry Act 2007 , is not registered in the commercial register provided for in Article 2 of that Act ;
(b) the continuity and solvency of the undertaking, legal person or organisation is not sufficiently guaranteed;
(c) the reliability of the applicant or the natural or legal persons or undertakings concerned directly or indirectly involved in that undertaking, legal person or organisation or undertakings in sufficient time;
(d) the recognition as a reference of the applicant or of any legal person or undertaking concerned, directly or indirectly, within a five-year period, directly or indirectly, has been withdrawn immediately prior to the application;
e. the applicant does not meet the requirements associated with the purpose for which the foreigner is staying or wishes to reside in the Netherlands, including in any case the connection to and compliance with a code of conduct.
2 Natural persons shall not be recognised as referent.
3 In accordance with rules laid down by our Minister, the applicant shall, upon request, submit a certificate of conduct issued in accordance with the rules of procedure laid down by the Law and punitive data law .
1 Our Minister may suspend the recognition as a referent on the grounds of serious suspicions that there is ground to give application to Article 2g .
2 The suspension of the recognition as a reference shall end on the day following the day on which the decision on the withdrawal was published or the day on which three months have elapsed since the suspension.
3 The period referred to in paragraph 2 may be extended if, in the opinion of our Minister, the opinion of third parties or the public prosecutor's office is necessary.
The effect of the suspension of approval is that the reference does not qualify as a recognised referent for the duration of the suspension.
Our Minister may revoke the recognition as a referent if:
(a) recognition has been granted on the basis of incorrect or incomplete information;
b. the recognised referent no longer fulfils the conditions for recognition;
c. the recognised referent has not held on to its obligations as a referent; or
(d) the recognised referent shall request it.
The following shall be subject to or pursuant to general rules of administration:
a. the application of this paragraph, whereby limitations as referred to in Article 14, third paragraph , may be designated for which recognition as a referent is not possible;
(b) the submission and processing of an application for the recognition as a reference and the information to be provided by the applicant.
1 If the importance of international relations in the judgment of Our Minister for Foreign Affairs is involved in a decision granting provisional residence, our Minister will be in agreement with our Minister of Foreign Affairs. Minister of Foreign Affairs.
2 Our Minister may at the head of the relevant Dutch diplomatic mission or consular office give directions on the implementation of the rules laid down in or pursuant to this Chapter on the granting of the authorisation to for the time being, the officials are working on that representation through the intervention of and insofar as it can affect external relations in accordance with our Minister for Foreign Affairs.
3 In the case of, or under general management, detailed rules may be laid down in respect of the provisions of the first and second paragraphs.
A visa granted by Our Minister for access to the Netherlands whose period of validity has not expired, or a visa issued by a competent authority of another State, which is a subject of a decision of a Member State under the Treaty or by a binding decision of a Member State. The association of international law is equivalent to that of the association of international law. Article 3, first paragraph, part a , for the purpose of obtaining access to the Netherlands, without prejudice to, moreover, certain provisions of this Chapter.
Our Minister has jurisdiction:
(a) to grant, reject or not treat the application for the granting of an authorisation for the temporary stay or of the return visa;
(b) to amend either on an application or on an ex officio basis for any change in circumstances, either on application or on a return visa, or on the basis of a provisional
(c) to withdraw or cancel a provisional stay or a return visa.
1 For the treatment, including the application of Article 4: 5 of the General Administrative Law Act In the event of an application for the grant or amendment of a provisional stay or a return visa, the alien owes our Minister a fee to be fixed by ministerial order.
2 The first paragraph shall not apply if on the basis of the State Law on Consular Rates A fee is already payable.
1 The authorisation for the provisional stay is granted under restrictions, relating to the purpose for which the stay is authorised. The authorization may be subject to rules. These rules may in any case extend to the lodging of a security.
2 Our Minister may grant the return visa with a view to the protection of the interests to which the provisions of or pursuant to this Act apply to restrictions, and to which rules relate to them.
3 Our Minister may still commit to a temporary stay or reentry visa already granted to an already granted authorisation, amend any of the rules which are subject to it, add restrictions thereto, amend restrictions, the duration of the period of validity, either shorting the period of validity or revoking the provisional stay or visa:
a. on request;
(b) if facts and circumstances have become apparent from the background of the facts and circumstances, it must be established that it was not correct;
c. if any facts and circumstances have been modified in such a manner as to oppose the maintenance or unaltered enforcement of the granted; or
d. if the foreigner does not comply with the obligations of him under this law.
4 If the foreigner has not yet obtained access, Our Minister may cancel the authorisation until provisional stay on the grounds, as specified in the third paragraph.
1 By way of derogation from Article 4:5, 1st and 4th member, of General Law governing law Our Minister may, without having given the applicant the opportunity to supplement the application, make an application for authorisation for the temporary stay or return visa without having allowed the applicant to complete the application if:
a. The request submitted by the foreigner is not submitted by the foreigner in person;
(b) for the application, no use has been made, where appropriate, of a form prescribed for that purpose which has been completed and signed in full;
c. the application was not made in the Dutch, French or English languages; or
d. the fee due to be paid for the application has not been paid.
2 The Articles 4: 7 and 4: 8 of General Law governing law are not applicable.
If our Minister decides, in accordance with the application, he may, by way of derogation from the Articles 3:45 and 3:47 of the General Law governing law indication of the possibility to object and omit the justification.
1 Our Minister may grant a right of provisional residence to the foreigner in respect of who has been shown to be in compliance with the requirements for access and grant of a residence permit.
The Minister may, by way of derogation from the first paragraph, grant the provisional stay if it is a major Dutch interest, or whether there are humanitarian grounds for that purpose or the importance of the international community. relations shall require the granting of a provisional stay.
1 Our Minister may refuse authorization for the temporary stay if it has not been shown to the foreigner that it fulfils the conditions laid down in the Article 2p, first paragraph , without prejudice to the second paragraph of that Article.
2 Our Minister may refuse authorization for the temporary stay if the importance of international relations precluded the granting of a temporary stay or if the alien does not comply with it, by the way. in accordance with this Chapter.
1 If Our Minister decides to grant a provisional residence authorisation, he shall notify the applicant in writing. An authorisation to provisionally stay may be issued not later than three months after the day of the notification of that notification. In case the authorisation of the provisional stay cannot be issued in the country of origin or the country of residence, on the ground that the Dutch representation is closed or does not have a Dutch representation or no longer Our Minister may extend the period referred to in the second sentence by not more than three months.
2 The period of validity of an authorisation until provisional stay shall not exceed 90 days from the date of issue, except that an authorisation to provisionally stay may be used several times to obtain access to the Netherlands. The validity of the provisional stay authorisation shall in any case expire from the date on which a residence permit is used for the benefit of the alien as intended for the purposes of the Article 14 of its own motion. The period of validity of an authorisation to provisionally stay may not be extended.
3 The validity of an authorisation until provisional stay may not exceed the validity of the foreign national border document, except that the border crossing document shall be valid after the date of expiry of the Authorisation until provisional stay must be valid for at least three months. In special cases, our Minister may waive the provisions of the first sentence.
1 Application for temporary stay authorisation shall be made:
a. In the case of the Dutch diplomatic mission or consular representation in the country of origin or of proof of residence or, failing that, the nearest country where a representative is established or in the case of the Cabinet of the Governor of the Netherlands Antilles or the Cabinet of the Governor of Aruba there, by the foreigner, or
b. In the case of our Minister by the referent, or in cases where, in the case of, or under general rule of administration, certain cases are by the recognised foreign national reference.
2 By way of derogation from Article 2: 1 of the General Administrative Law Act and by way of derogation from paragraph 1, the application shall be made by the foreigner or by his legal representative in person or by his legal representative in the case of or on the basis of a general measure of management.
3 The right of provisional residence shall be issued to the foreigner in person by the representation or the Cabinet as referred to in paragraph 1.
4 Our Minister may, in agreement with our Minister for Foreign Affairs, grant exemption from the obligations provided for in paragraphs 1 and 2.
1 Data and documents shall not be obtained from the foreigner or his referent, provided that:
(a) Our Minister, who may obtain information or documents from the administration of the Minister to the administration, unless it prevents the law from being properly implemented; or
(b) The application has been submitted by the recognised referent, and has produced such information and documents of its own.
2 The own declarations referred to in point (b) of paragraph 1 shall be drawn up in full and in truth.
3 The applicant shall provide to our Minister, upon request, whether or not in person, the particulars and documents, which are relevant for the assessment of the application.
4 By arrangement of Our Minister, rules shall be laid down concerning the particulars and documents to which the first paragraph (a) shall apply, and rules may be laid down concerning:
a. the administrations or parts thereof for which the first paragraph, (a), is temporarily not applicable;
(b) the own declarations referred to in point (b) of the first paragraph;
(c) the application of the third paragraph.
1 Our Minister shall decide within 90 days of receipt of an application for the grant or amendment of an authorisation until provisional stay. Our Minister may extend this period by not more than three months.
2 By way of derogation from the first paragraph, our Minister makes the decision on an application for the grant of a temporary stay subject to a restriction relating to stay as a holder of the European Blue Card known within 90 days and That period may not be extended.
Our Minister shall authorise the provisional stay in the document for the crossing of the border or on a sheet on which a visa may be affixed as referred to in Article 1 of Regulation (EC) No 148/ (EC). Council of the European Union of 18 February 2002 (PbEG 2002, L53/ 4).
1 A return visa may be granted for the admission to the Netherlands of a foreigner who will temporarily leave the Netherlands during the period of lawful residence on the basis of Article 8, introductory wording and points (a) to (h) or (l) .
2 No return visa is granted for the purposes of returning from the country of origin of the foreigner who has lawful residence on the basis of Article 8, introductory wording and point c and d .
3 No return visa is granted for the purposes of returning from the country of origin of the foreigner who applied for a residence permit as intended in the Articles 28 and 33 has done and has lawful residence on the basis of Article 8, introductory wording and in point f, g or h .
1 A return visa may be refused if:
a. The alien has not made it possible by the presentation of documents which is an urgent reason which does not permit a postponement of departure;
b. The foreigner does not have an independent document for crossing the border;
c. during his stay in the Netherlands, the foreigner has taken out surveillance measures under this law;
d. from the point of view of supervision under this law, to the investigation or prosecution of criminal offences, to the enforcement of a judgment or to object other important reasons, against departure from the Netherlands of the foreigner;
e. it is the judgment of our Minister in the sense that within the period of validity of the return visa a decision as referred to in Article 8, part f, g or h , it can be expected;
f. The foreigner is awaiting the decision on his application for a residence permit as intended Article 14 while awaiting the decision of an objection or a notice of appeal against such a decision and not having the necessary authorisation until provisional stay, corresponding to the purpose of residence for which the decision is to be taken. has been applied for, or not by virtue of or in accordance with the provisions of this law of the obligation to have the right to provisionally stay, or to have been released; or
g. the foreigner poses a danger to public order or national security or has been guilty of or suspected of terrorism, war crimes, or other crimes against humanity.
2 In the case of or under general management measure, rules on the application of the grounds, referred to in paragraph 1, may be laid down.
1 The validity of a return visa may not exceed the validity period of the residence permit granted to the foreigner and shall not exceed one year. The return visa may be granted for one or more travel.
2 By way of derogation from the first paragraph, the period of validity of a return visa shall be valid for the benefit of a foreigner who is lawfully resident on the basis of Article 8, part f, g or h , no more than three months and shall be valid for one journey.
3 Our Minister may grant exemption from the first and second members.
4 The period of validity of a return visa cannot be renewed.
A return visa is requested by the foreigner in person. The rules governing the lodging and handling of an application for the granting of a return visa may be laid down by or on the basis of a general measure of management.
Our Minister shall decide within two weeks of receipt of an application for the granting of a return visa. Our Minister may extend this period by not more than two weeks.
Our Minister shall issue the return visa in the document for the crossing of the border or on a sheet on which a visa may be affixed as referred to in Article 1 of Regulation (EC) No 148/ (EC). Council of the European Communities of 18 February 2002 (PbEG 2002, L53/ 4).
1 In the case of, or under general management, detailed rules may be laid down on the manner of lodging and processing of an application for the grant or amendment of an authorisation to stay for a temporary stay or for a return visa, including understood the manner in which decisions, notifications, communications or notices are published pursuant to this Chapter to the foreigner, the referent or to other interested parties.
2 In the case of or under general measure of management, it may be determined in which cases of the obligations under this chapter may be fulfilled by the legal representative of the alien.
1 In cases other than those provided for in the Schengen Borders Code, access to the Netherlands shall be refused to the foreigner who:
a. is not in possession of a valid border crossing document or is in possession of a cross-border document missing the required visa;
b. presents a danger to public order or national security;
c. does not have sufficient resources to provide both the costs of stay in the Netherlands and those of his trip to a place outside the Netherlands where its access is ensured; or
d. does not meet the conditions imposed by or on a general measure of management.
2 In the case of, or under general management, rules shall be laid down on the refusal of access under this Law or for the implementation of the Schengen Borders Code.
3 If the foreigner, referred to in the first paragraph, to know at the border gives an application for the grant of a residence permit as intended Article 28 to be submitted, the application shall be assessed in the context of the border procedure:
a. The ground for not taking into consideration as intended in Article 30 ;
b. the grounds for non-admissibility, mentioned in Article 30a ; and
c. the grounds for refusal of manifest unearthenness, mentioned in Article 30b .
4 If the border procedure is applied, a decision on refusal of entry to the Netherlands shall be postponed or suspended for a maximum period of four weeks.
5 The decision to postpone or suspend, as referred to in paragraph 4, shall be awarded to the alien without delay.
Where an application for application of the border proceedings is not considered admissible or dismissed as manifestly unfounded, it shall also be deemed to be a refusal of access in the first Member State or of the A revival of this.
7 The duration of the border procedure shall not exceed four weeks from the date of the award of the decision referred to in the fifth paragraph. If, four weeks after the date of award of the decision referred to in paragraph 5, no decision has yet been taken on the application for consideration, the admissibility or manifest disunity of the application, the alien shall, by way of application, obtain access to Netherlands.
8 In the case of, or under general management, rules shall be laid down on the border procedure.
1 The carrier, by whose intervention the foreigner is brought to an external border or within the territory of the Netherlands, takes the necessary measures and supervises the supervision which can reasonably be claimed from him to avoid that foreigner is not being complied with under Article 5, first paragraph, point (a) or (b) of the Schengen Borders Code or Article 3, first paragraph, point (a) -From this law.
2 The carrier may be obliged to take a copy of the foreign-crossing document relating to the foreigner and to make it available to the officials responsible for the border control.
3 The carrier referred to in paragraph 1 may be required to collect and supply passenger data or crew records for the purposes of border control and the prevention of illegal immigration to the officials responsible for the operation of the Border control.
4 In the case of, or under general management, detailed rules shall be laid down regarding the application of the first to the third member. It may derogate from a Treaty or a binding EU legal act on the basis of a Article 2:13, 1st paragraph, of General Law governing law .
5 The first, third and third paragraphs shall also apply to any carrier who is guilty of breach of the obligations laid down in those paragraphs.
1 The alien to whom access has been refused shall immediately leave the Netherlands, taking into account the instructions given to him by an official with responsibility for the border control.
2 If the foreigner, as referred to in the first paragraph, entered the Netherlands on board a vessel or aircraft in use in a transport undertaking, he shall immediately leave the Netherlands with that carriage or a person shall be a member of his means of transport designated by the border patrol.
1 The alien to whom access has been refused may be obliged to stand in a space or place designated by the official in charge of border control.
2 A space or place referred to in paragraph 1 may be secured against unauthorised departure.
3 The alien whose application is in accordance with Article 3, third paragraph It may also be required to comply with any space or place designated by the official in charge of a border security, which may be secured against unauthorised departure.
4 In the case of, or under general management, rules may be laid down in respect of the regime applicable to the secured area or place referred to in paragraph 1, including the necessary management measures. Chapter 9 of the General Law on administrative law does not apply.
5 A general measure of management adopted pursuant to paragraph 4 shall be submitted to the two Chambers of the States-General. It shall enter into force at a time when a royal decree is adopted after four weeks after the production has been presented, unless, within that period, by or on behalf of one of the Chambers, or by at least one fifth of the basic legal members of one of the chambers would like to know that the subject is regulated by law. In such a case, a proposal of the law to that effect shall be submitted as soon as possible. If the proposal of law is repealed, or if either of the two chambers of the States-General decides not to adopt the proposal, the general measure of management shall be repealed.
6 Our Minister may impose the measure, referred to in paragraphs 1 and 2, to the foreigner whose application is as referred to in Article 4 (2). Article 28 it has been rejected in the course of the border proceedings where the importance of public policy or national security so requires.
7 In the case of, or under general management, detailed rules shall be laid down on the application of the third and sixth paragraphs.
1 Our Minister may apply the measure in question Article 6, first and second paragraphs Continue with a view to the transfer to a Member State responsible, having regard to Article 28 of the Dublin Regulation.
2 In the case of, or under general management, detailed rules shall be laid down concerning the application of the first paragraph.
If the alien to whom access has been refused has been deprived of his freedom under the Schengen Borders Code, by any legal requirement or by a decision of an international organisation which is binding on the Netherlands, access shall be denied.
The foreigner has a legitimate residence in the Netherlands only:
a. On the basis of a residence permit for certain time as intended in Article 14 ;
b. on the basis of a residence permit for an indefinite period of time as referred to in Article 20 , or EU residence permit for long-term residents as intended Article 45a if the document provided to the foreigner is intended to be Article 9 , no note as intended Article 45c, first paragraph , is inserted;
c. on the basis of a residence permit for a specified period of time Article 28 ;
d. on the basis of a residence permit for an indefinite period of time as referred to in Article 33 , or EU residence permit for long-term residents as intended Article 45a if the document provided to the foreigner is intended to be Article 9 , the endorsement referred to in point Article 45c, first paragraph , is inserted;
(e) as a Community national, as long as that national is residing on the basis of an arrangement under the Treaty establishing the European Community or the Agreement on the European Economic Area,
f. pending the decision on an application for the grant of the residence permit, intended in the Articles 14 and 28 , while in the case of, or under this law, expulsion from the claimant must be omitted until the application has been decided;
g. pending the decision on an application for the grant of the residence permit, intended in the Articles 20 , 33 and 45a , or to extend the validity period of the residence permit, intended in the Articles 14 and 28 , or a change to it, while in the case of, or under this law, or on the basis of a judicial decision, expulsion of the claimant shall be omitted until the application has been decided;
h. Pending the decision on a statement of objection or a notice of appeal, while on or under this law or on the basis of a judicial decision expulsion of the claimant shall be omitted until the notice of appeal or the notice of appeal Professional writing has been decided;
i. during the free time period, intended in Article 12 , as long as the foreigner's stay at or under Article 12 is permitted;
j. if they exist against the eviction as intended in Article 64 ;
k. during the period during which the foreigner is given the opportunity by Our Minister to issue a declaration of violation of Article 273f of the Code of Criminal Law ;
(l) if the alien derives a right of residence from the Association Decision 1/80 of the EEC-Turkey Association Council;
m. if the application for the grant of a residence permit for certain time is as referred to in Article 28 is not being considered on the basis of Article 30 while waiting for the actual transfer to a responsible Member State within the meaning of the Dublin Regulation.
1 Our Minister provides to the foreigner, who has lawful residence on the grounds of Article 8 (a) to (d), (f) to (h) and (j) to (l) , and to the foreigner who has legitimate residence on the grounds of Article 8 (e) , and Community national is as referred to in Article 1 (e) (2 °), (4 °) and (6) , a document or written statement, proving the lawful stay.
2 Our Minister provides to the foreigner who has lawful residence on the grounds of Article 8 (e) , and Community national is as referred to in Article 1 (e) (1 °), 3 ° and 5 ° a document proving the lawful stay, if the alien has obtained the right to permanent residence as referred to in Article 16 of this Regulation. Directive No 2004 /38/EC of the European Parliament and of the Council of 29 April 2004 on the right of freedom of movement and residence on the territory of the Member States for citizens of the Union and their family members, amending Regulation (EEC) 1612/68 and repealing Directives 64 /221/EEC , 68 /360/EEC , 72 /194/EEC , 73 /148/EEC , 75 /34/EEC , 75 /35/EEC , 90 /364/EEC , 90 /365/EEC and 93 /96/EEC (PbEU L 158).
3 Our Minister provides, upon request, such a document or written declaration to the foreigner who has lawful residence on the basis of Article 8 (i) .
4 When applying for a decision other than pursuant to this law, the foreigner shall, upon request, submit a copy of the document or the written declaration, which shall be regarded as a document in question as intended to be taken into account in the application of the law. Article 4:3, 2nd paragraph, of General Law governing the administrative law .
5 Our Minister shall designate at ministerial level the documents referred to in the first to third paragraphs, and may lay down models for the documents and the written declaration.
By way of derogation from Article 9, second paragraph , Our Minister provides to the foreigner who has legitimate residence on the grounds of Article 8 (e) , and Community national is as referred to in Article 1 (e) (1 °), 3 ° and 5 ° , upon application, a proof of lawful residence before the foreigner has obtained the permanent right of residence if the foreigner has the nationality of a Member State in respect of which the Netherlands has the application of Articles 1 to 6. Of Regulation (EEC) No 1418/EEC 1612/68 has been suspended from the Council of the European Communities of 15 October 1968 on freedom of movement for workers within the Community (PbEC L 257).
1 The alien who has no lawful residence shall not be entitled to receive benefits in kind, provisions and benefits by means of a decision of a governing body. The first sentence shall apply mutatis mutandis to the exemptions or authorisations designated by the law or general measure of management.
2 The provisions of the first paragraph may be waived where the claim concerns education, the provision of medically necessary care, the prevention of infringements of public health, or legal aid to the foreigner.
3 The granting of claims does not give entitlement to lawful residence.
1 The claims of the foreigner who has lawful residence are in accordance with the nature of the stay. The second paragraph shall apply, except where otherwise provided for in the legal requirement to which the claim is based.
2 The alien, referred to in paragraph 1, may claim for provisions, benefits in kind and benefits, if:
a. lawful residence, as intended in Article 8 (a) to (e) and (l) ;
b. has lawful residence, as intended in Article 8 (f), (g), , and a claim is granted to or under the Law Central Organ Reception of asylum seekers , or by or under any other statutory rule, in which claims by these aliens were lodged;
c. has lawful residence, as intended in Article 8 (i) to (k) , for the claims which have been expressly granted to these aliens.
3 The first and second members shall apply mutatis mutandis to the exemptions or authorisations designated by law or general measure of management.
1 It is for the foreigner who has fulfilled the obligations upon entry to the obligations to which a person is subject at the border crossing, for a period to be determined by a general rule of management in the Netherlands, as long as:
(a) compliance with the rules laid down in or pursuant to this Law;
b. has sufficient resources to provide for both the costs of his stay in the Netherlands and those of his trip to a place outside the Netherlands where his access is ensured;
c. does not work for an employer in violation of the Foreigners law ;
d. poses no danger to public order or to national security.
2 The period referred to in paragraph 1 shall be fixed at most equal to 180 days. Different time limits may be set for categories of foreign nationals to be distinguished by general measure.
An application for the granting of a residence permit shall be granted only if:
(a) international obligations to that end;
b. with the presence of the foreigner is served an essential Dutch interest; or
(c) humanitarian reasons for this purpose.
1 Our Minister is empowered:
(a) to grant, reject or not treat the application for the granting of a residence permit for certain periods;
(b) to grant, reject or not treat the application for the extension of its period of validity;
c. to change a residence permit for certain time on request or on its own initiative due to changed circumstances;
d. to withdraw a residence permit for certain periods of time;
e. to grant a residence permit for a specified period of time or to extend its validity.
2 Our Minister grants the holder of a valid authorisation until provisional stay within two weeks of its being granted in accordance with Article 54, first paragraph, point (e) , has notified, of its own motion, a residence permit for a limited period of time, subject to the same restriction as the one under which the provisional stay has been granted.
3 A residence permit for some time is granted under restrictions, relating to the purpose for which the stay is permitted. Requirements may be attached to the licence. Rules governing the ex officio provision, amendment and extension, restrictions and rules may be laid down by or pursuant to general rules of management.
4 The residence permit for some time shall be granted for a maximum of five consecutive years. A general measure of management shall lay down rules on the validity of the residence permit and the extension of the validity of the residence permit.
5 A residence permit for some time under the restriction "paid employment" shall be granted for a maximum period of one year or, if it is granted with the application of Article 8 (b) and (c) of the Labour Act -For a maximum of three years.
Our Minister decides not to grant, renew or revoke a combined permit other than after he has requested advice to the authority, intended Article 5, second paragraph, of the law on foreigners . This body advises on whether the requirements are satisfied. Foreigners law as intended in Article 16, first paragraph, point (f) , Article 18, first paragraph, point (g) and Article 19 . Our Minister is not obliged to ask for advice if the residence permit is refused or withdrawn under another designation or revocation ground, intended in Article 16 , 18 or 19 .
In the general measure of governance referred to in Article 14, second paragraph , is determined, that the residence permit for certain time, intended in Article 14 , may be granted under a restriction related to stay as family or family member to members of the family of Dutch and foreign nationals who are lawfully resident as intended Article 8 (a) to (e) and (l) .
1 An application for the grant of a residence permit for certain time as referred to in Article 14 may be rejected if:
a. The foreigner does not have a valid authorisation until provisional stay which corresponds to the purpose of residence for which the residence permit has been applied for;
b. The foreigner does not have a valid document for crossing the border;
The alien does not have sufficient resources of existence or, if the person in whom the foreigner wishes to reside, does not have an independent and durable means of being able to provide sufficient means of livelihood;
d. The foreigner is a danger to public order or national security;
e. the foreigner is not willing to cooperate in a medical examination of a disease designated by or under the Infectious Disease Act, in order to protect public health or a medical treatment against such disease undergoing;
f. the foreigner for an employer's work, without the Foreigners law Is satisfied;
g. the foreigner does not comply with the restriction, relating to the purpose for which he wishes to reside;
h. The foreigner, who does not belong to any of the categories referred to in Article 17, first paragraph , after obtaining legitimate residence in the Netherlands, would be citizen-based on the basis of the Articles 3 and 5 of the Act of Civil Act and it does not have knowledge at the basic level of the Dutch language and of the Dutch society;
i. the foreigner has provided inaccurate data or has withheld data while that data has led or would have resulted in rejection of an earlier application for the granting, renewal or amendment of a visa or residence permit. have led them;
j. the foreigner has kept in the Netherlands, other than on the grounds of Article 8 .
k. for the purpose of residence of the foreigner, no statement of a referent was produced as intended Article 2a, first paragraph .
2 In the case of or under general management measure, rules on the application of the grounds, referred to in paragraph 1, may be laid down.
3 The first paragraph, point (h), does not apply to the foreigner who holds Surinamese nationality and who has demonstrated in Surinam or the Netherlands lower education in the Dutch language by means of a ministerial arrangement have been followed.
1 The application for change of a residence permit for certain time as intended in Article 14 can be rejected on the grounds, intended in Article 16, first paragraph, points (b) to (g) and (k) , and if the alien is the exam, intended for Article 7, second paragraph, part a, of the Act of Incivil , or a diploma, certificate or other document, intended in Article 5, first paragraph, part c, of that law -I didn't get it.
2 In the case of or under general management measure, rules on the application of the grounds, referred to in paragraph 1, may be laid down.
1 An application for the grant of a residence permit for certain time as referred to in Article 14 shall not be rejected because of the absence of a valid authorisation until provisional stay, where it is:
a. The foreigner who holds the nationality of one of the countries to be referred to by the arrangement of our Minister in accordance with our Minister of Foreign Affairs;
(b) the Community national, in so far as it is not already exempted by virtue of a designation referred to in point (a);
(c) the foreigner who, in the light of his state of health, is not responsible for travelling;
d. the foreigner who is a victim or witness-declarant of human trafficking;
e. the foreigner who immediately prior to the application was in possession of a residence permit for certain time as intended in Article 28 or of a residence permit for an indefinite period of time as referred to in Article 33 ;
f. the foreigner who has applied in a timely way to change a residence permit;
g. the foreigner belonging to a category designated by a general measure of management;
h. a long-term resident of another EU Member State, or his spouse or underage child where the family had already been formed in that other Member State.
2 The nomination for a general measure to be adopted under paragraph 1 (g) shall not be made after a draft in the Official Journal has been published and each has the opportunity to do so within four weeks of the date of publication of the proposal. the day on which the announcement was made, wishes and concerns of our Minister to be brought to the attention. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
1 An application for the grant of a residence permit for certain time as referred to in Article 14 is not rejected with application of Article 16, first paragraph, part j , in the case of:
a. the foreigner who has had a residence immediately prior to the application on the basis of Article 8 (j) ;
b. the foreigner who is eligible to stay under a restriction as intended in Article 15 ;
c. the foreigner who is a minor and single person;
d. the foreigner who as a victim or witness-declarant as intended in Article 17, first paragraph, point (d) , has had immediate prior to the application stay on the basis of Article 8 (a) , and qualify for stay under a different restriction.
2 In the case of a general measure of management, other categories in which the application, referred to in paragraph 1, is not rejected on the ground that the application of Article 16, first paragraph, point (j) , from a disproportionate hardness, could testify.
1 An application for extending the validity of a residence permit for certain time as intended Article 14 may be rejected if:
a. The holder thereof has established his main residence outside the Netherlands;
b. The foreigner does not have a valid document for crossing the border;
c. has supplied inaccurate data or withheld information from the foreigner, whereas such data would have led to the refusal or extension of the original application;
d. The foreigner no longer has sufficient resources of existence or the person in whom the foreigner resides not more self-employed and permanently disposable of sufficient resources of existence;
e. the alien is a danger to public order or national security;
f. the restriction under which the permit is granted or a requirement attached to the permit is not met;
g. the stranger performs for an employer labor, without the Foreigners law Is satisfied;
h. for the purposes of residence of the alien, no statement of a referent was provided as intended in Article 2a, first paragraph ;
i. the foreigner has not complied with the obligation to enter into civil service, intended in Article 7, first paragraph, of the Act of Incivil , within the period specified in that Article, or within the time limit laid down pursuant to Article 7, third paragraph, of that law or of the rules laid down pursuant to Article 7 (4), paragraph 4 (a) of that law.
2 In the case of or under general management measure, rules on the application of the grounds, referred to in paragraph 1, may be laid down.
The residence permit may be revoked for some time on the grounds specified in Article 18, first paragraph -with the exception of subparagraph (b), and is withdrawn if the holder of his or her own motion has a residence permit as referred to in paragraph 1. Article 28, first paragraph, part d , it is granted.
1 Our Minister is empowered:
(a) to grant, reject or not treat the application for the granting of a residence permit for an indefinite period of time;
b. to withdraw a residence permit for an indefinite period of time;
c. of ex officio to grant a residence permit for an indefinite period to the foreigner whose EU residence permit for long-term residents on the basis of Article 45d is revoked.
2 A residence permit for an indefinite period of time is not granted under restrictions. No rules shall be attached to the authorisation.
1 The application for the grant of a residence permit for an indefinite period of time as referred to in Article 20 of the foreigner who, directly prior to the application, has enjoyed lawful residence as intended for five consecutive years Article 8 (a), (c), (e), If, on the basis of an EU residence permit for long-term residents, it may be rejected only if the foreigner:
a. Whether or not, together with the family member with whom he resides, does not have sufficient resources of existence on a stand-alone basis;
b. has provided inaccurate data or has withheld data while that data would have led to the rejection of the application for the grant, amendment or renewal;
(c) in the event of an irretrievable judgment, has been ordered for a criminal offence at which a prison sentence of three years or more has been threatened, or to him on the measure, intended in the case of a criminal offence. Article 37a of the Code of Criminal Law , has been imposed;
d. constitutes a danger to national security;
e. has established his main residence outside the Netherlands;
f. has a right of stay of a temporary nature on the day on which the application was received; or
g. the exam, intended in Article 7, second paragraph, part a, of the Act of Incivil , or a diploma, certificate, or other document as intended Article 5, first paragraph, part c, of that law has not been achieved.
2 By way of derogation from paragraph 1, the application shall not be rejected under paragraph 1 (a) if, for a period of 10 consecutive years, the alien has been lawfully resident within the meaning of that paragraph. Article 8 (a) or (l) , or on the basis of an EU residence permit for long-term residents.
3 By way of derogation from paragraph 1, the application shall not be rejected under paragraph 1 (a) if the alien has been lawfully resident as a minor subject to a restriction on family reunification and has since been has not moved outside the Netherlands and has been in the meantime for 18 years, unless the family relationship has been broken within one year of the grant of the residence permit, Article 14 .
4 If the foreigner was born in the Netherlands or had already stayed in the Netherlands for his fourth year of life and since then has not moved outside the Netherlands and has been in the Netherlands for 18 years, the application may, by way of derogation from the first member of the Netherlands, be be rejected on the basis of paragraph 1 (c) and (d) of the first paragraph. By way of derogation from the first paragraph, the legitimate stay of the foreigner need not be contiguous. The application may be rejected only under paragraph 1 (c) if the alien has been sentenced to imprisonment of more than 60 months in the case of an irrevocable sentence of more than 60 months in the case of trafficking in narcotic drugs.
5 For a period referred to in paragraphs 1 and 2 of this Article, a period shall be defined immediately preceding the day on which the residence permit has been applied for for an indefinite period. For the purpose of calculating the period, the period of lawful stay in the Netherlands before the end of the eight-year age shall be disregarded.
6 In the case of, or under general management, rules may be laid down on the grounds referred to in the first paragraph. In so doing, other cases other than those referred to in the first to fourth members may be designated in which a residence permit is for an indefinite period of time. Article 20 may be granted.
1 Residence permit for an indefinite period of time, Article 20 The following shall be withdrawn if the holder of his or her own motion has a residence permit as referred to in point Article 33 is granted.
2 Residence permit for an indefinite period of time, Article 20 , may be withdrawn if:
a. The holder thereof has established his main residence outside the Netherlands;
b. The foreigner has provided inaccurate data or has withheld information while that data would have led to the rejection of the application for the grant, amendment or renewal;
(c) the holder has been ordered to give judgment in the event of a criminal offence at which a sentence of imprisonment of three years or more is threatened, or to him in respect of the measure in question, which the holder of the measure has been ordered to Article 37a of the Code of Criminal Law , has been imposed; or
d. The foreigner poses a danger to national security.
3 In the case of, or under general management, rules governing the grounds referred to in paragraph 2 may be laid down.
1 The application for the grant, renewal or amendment of a residence permit shall be submitted by the foreigner, his legal representative or his referent.
2 By way of derogation from paragraph 1, the application shall be made by the foreigner, his legal representative or a recognised referent, in the case of or on the basis of a general measure of management.
3 By way of derogation from Article 2: 1 of the General Administrative Law Act and by way of derogation from paragraphs 1 and 2, the application shall be made by the foreigner or by his legal representative in person or by his legal representative in the case of or on the basis of a general measure of management.
1 In the case of, or under general management, rules shall be laid down concerning:
the method of lodging and processing an application;
(b) providing the foreigner, his legal representative or his legal representative, whether or not in person, of any information which is relevant to the application;
c. the manner in which decisions by or under this Act are given to the foreigner, as well as the notifications, notices or notices required by or under this Act to the foreigner, the referent or to other interested parties shall be published. It may be laid down that the publication of decisions may also be effected by sending or issuing a document, and by the use of notes in a document to be indicated in the document.
2 The foreigner, in cases to be determined by Our Minister and according to rules to be given by our Minister, shall charge fees in respect of the judgment of the settlement of an application. In doing so, our Minister may also provide that the foreigner for the issue of a document from which the lawful stay proves to be required is a duty. If payment is not made, the application shall not be considered or the document shall be issued. Article 4:5, 4th paragraph, General rules on administrative law does not apply.
1 Data and documents shall not be obtained from the foreigner or his referent, provided that:
(a) Our Minister, who may obtain information or documents from the administration of the Minister to the administration, unless it prevents the law from being properly implemented; or
(b) The application has been submitted by the recognised referent, and has produced such information and documents of its own.
2 The own declarations referred to in point (b) of paragraph 1 shall be drawn up in full and in truth.
3 The applicant shall provide to our Minister, upon request, whether or not in person, the particulars and documents, which are relevant for the assessment of the application. The applicant for a combined licence shall provide our Minister with the information and documents on the basis of which it may be assessed. Foreigners law is satisfied.
4 By arrangement of Our Minister, rules shall be laid down concerning the particulars and documents to which the first paragraph (a) shall apply, and rules may be laid down concerning:
a. the administrations or parts thereof for which the first paragraph, (a), is temporarily not applicable;
(b) the own declarations referred to in point (b) of the first paragraph;
(c) the application of the third paragraph.
1 Within 90 days the application shall be made on the application to:
a. granting of a residence permit for a specified period of time as intended Article 14 ;
(b) the extension of its validity;
c. to change a residence permit for some time as referred to in Article 14 ;
d. grant of a residence permit for an indefinite period of time as intended Article 20 .
2 The deadline for giving the decision referred to in paragraph 1 may be extended for a maximum of six months if, in the opinion of our Minister for the assessment of the application, advice from or inquiries from third parties or public opinion Ministry, is necessary.
3 Our Minister shall inform the foreigner of the extension.
4 If application for grant of a residence permit for specified time is as intended Article 14 is submitted by a long-term resident of another Member State of the European Union or of his family member, by way of derogation from the first paragraph, given within four months, by way of derogation from the second paragraph in special circumstances. cases related to the complexity of the application may be extended for a maximum period of three months. If the long-term resident or family member Article 4: 5 of the General Administrative Law Act has been invited to complete the application, the decision shall be given within seven months.
5 By way of derogation from the first and second paragraphs, the order for the grant of a residence permit shall be as set out in paragraph 1. Article 14 subject to a restriction related to stay as a holder of the European Blue Card made known within 90 days and cannot be extended.
1 The residence permit, which includes lawful residence, shall be granted from the day on which the foreigner has shown that he fulfils all the conditions, but not earlier than from the day on which the application is made received.
2 The validity period of the residence permit for certain time as referred to in Article 14 shall be extended from the date on which the foreigner has shown that he fulfils all the conditions, but not earlier than the day following that on which the validity of the residence permit for which extension was requested Ends.
3 If the alien has not filed the application for an extension, or the data showing that the conditions are met in good time and that this is not attributable to him, the residence permit may be renewed as from the day following: those to which the validity of the residence permit for which renewal has been requested expires.
1 The order in which an application for the grant of a residence permit for a specified period of time as referred to in Article 14 or a residence permit for an indefinite period of time as intended Article 20 shall be rejected as a return act, unless a return decision has been previously issued against the foreigner and the consequent return obligation has not been fulfilled, and shall result in the following:
a. The foreigner no longer has lawful residence unless there is a different legal basis for lawful residence;
b. the foreigner must leave the Netherlands from its own movement within the Article 62 the period prescribed, in the absence of which the alien can be deported; and
(c) officials responsible for the supervision of aliens, after the date of entry into which the alien has to leave the Netherlands from its own movement, shall be entitled to enter any place, including a dwelling, without the consent of the person concerned. The occupant, in order to expend the foreigner.
2 The first paragraph shall apply mutatis mutandis where:
a. Following Article 24 or due to Article 4: 5 of the General Administrative Law Act it is decided that the application is not being considered;
(b) the lawful stay of law has been terminated;
(c) a residence permit has been revoked or its validity has not been renewed.
3 The consequences, referred to in paragraph 1, shall not occur if the alien has objected or has appealed and the operation of the decision has been suspended.
4 The decision referred to in paragraph 1 may also include an entry ban.
1 Our Minister is empowered:
(a) to reject, reject, reject or discontinue the application for the granting of a residence permit for certain periods of time, to be dismissed;
(b) to grant, reject or not treat the application for the extension of its period of validity;
c. to withdraw a residence permit for certain periods of time;
d. to grant a residence permit of its own motion for a specified period of time to the holder of a valid authorisation to provisionally stay which complies with the Article 29, second paragraph , conditions laid down;
e. to grant a residence permit for a specified period of time to the long-term resident, originating in another EU Member State and holding a residence permit as referred to in Article 1 (2). Article 14 , if the responsibility for the issue of the travel document is intended to be Article 2, first paragraph, point (d), of the Passport Act , to the foreigner, has been transferred to the Netherlands under the European Convention on the Transfer of Responsibility in relation to Refugees of 16 October 1980 (Trb. 1981, 239).
2 The residence permit for some time shall be granted for a maximum period of five consecutive years. In the case of a general measure of management, the cases where the residence permit is granted for less than five consecutive years may be designated. Rules on the period of validity of the residence permit may be laid down and the extension of the residence permit.
3 The residence permit granted ex officio in the situation referred to in paragraph 1 (d) shall be granted within a period of two weeks after the holder of a valid authorisation for the provisional stay is granted in accordance with Article 54, first paragraph, point (e) , logged in.
1 A residence permit for some time as referred to in Article 28 May be granted to the foreigner:
a. That Convention refugee is; or
(b) who has assumed that he has reasonable grounds to believe that, in the event of expulsion, he is in real risk of serious injury, consisting of:
1 °. capital punishment or execution;
2 °. torture, inhuman or degrading treatment or punishments; or
3 °. serious and individual threat to the life or person of a citizen as a result of random violence in the context of an international or domestic armed conflict.
2 A residence permit for certain time as intended Article 28 the members of the family listed below may also be granted, if at the time of entry of the alien referred to in paragraph 1, they belonged to his family and are either set up in the same way as the Netherlands or his or her reconsidered within three months of the date of granting to that foreigner the residence permit for a specified period of time, as referred to in Article 28:
a. the spouse or minor child of the foreigner referred to in the first member;
b. the foreigner who, as a partner or a majority, is dependent on the foreigner of the foreigner referred to in the first paragraph, that he belongs to his family for that reason;
If that foreigner is a single minor within the meaning of Article 2 (f) of Council Directive 2003 /86/EC of 22 September 2003 on the right to family reunification (PbEU), the parents of the foreigner referred to in paragraph 1 of Directive 2003 /86/EC shall be the parents of 2003, L 251).
3 In the case of, or under general management, rules may be laid down in respect of the first paragraph. In so doing, it shall determine the cases in which a residence permit is granted.
4 The residence permit for some time, intended in Article 28 , may also be granted to a member of the family referred to in paragraph 2, which has not been established within three months of the date of return to the foreigner referred to in paragraph 1 of this Article for a residence permit as referred to in Article 28; where, within three months, an application for provisional residence authorisation has been made by or for the benefit of that family member.
1 An application for the grant of a residence permit for certain time as referred to in Article 28 shall not be considered when, under the Dublin Regulation, it has been established that another Member State is responsible for the examination of the application.
2 The alien is heard about his any objections to transfer to the Member State responsible.
3 In the case of, or under general management, detailed rules may be laid down on the application of the first and second paragraphs.
1 An application for the grant of a residence permit for certain time as referred to in Article 28 may be declared inadmissible within the meaning of Article 33 of the Rules of Procedure, provided that:
a. The foreigner enjoys international protection in another Member State of the European Union;
b. The foreigner is recognised as a refugee in a third country and he who can still enjoy protection or otherwise enjoy adequate protection in that country, including the principle of non-refoulement, and again to the territory of that country be authorised;
c. a third country is considered to be a third country for the third country as a safe third country;
d. The alien has filed a subsequent application to which the foreigner has not established any new elements or findings or in which no new elements or findings may have been raised that may be relevant to the assessment of the application; or
e. to the foreigner has already been granted a residence permit on the basis of Article 29, first paragraph .
2 The decision to declare an application inadmissible shall be treated as a rejection for the purposes of the application of the provisions of the provisions of this Law.
3 In the case of, or under general management, detailed rules may be laid down on the application of the first paragraph.
1 An application for the grant of a residence permit for certain time as referred to in Article 28 may be rejected as manifestly unfounded within the meaning of Article 32 (2) of the Rules of Procedure of the Rules of Procedure, provided that:
a. the foreigner, when submitting his application and the explanatory statement of the facts, only raised issues that do not matter in relation to the question of whether he is eligible to grant a residence permit. for some time as intended in Article 28 ;
b. The foreigner comes from a safe country of origin within the meaning of Articles 36 and 37 of the Procedure Directive;
c. the foreigner misled Our Minister by providing false information or documents as to his identity or nationality or by supporting relevant information or documents that could have had a negative impact on the decision. hold;
d. The foreigner probably, in bad faith, has destroyed or disposed of an identity document or travel document which could contribute to the finding of his identity or nationality;
e. the foreigner appears to have made inconsistent and contradictory, manifested false or clearly improbable statements contrary to sufficient verified information about the country of origin, making all his statements to be deprived of persuasion in relation to the question of whether he is eligible to grant a residence permit for certain time as intended Article 28 ;
f. the alien has applied for his application only in order to postpone or to detate his expulsion or transfer;
g. The alien has filed a subsequent application and is not in accordance with Article 30a, first paragraph, part d or e , declared inadmissible;
h. the foreigner unlawfully entered the Netherlands or has unlawfully extended his stay and, in view of the circumstances of his entry, without due cause for good reason, is not as soon as possible to be entrusted with the person responsible for the administration of the has notified border surveillance or the surveillance of aliens, and has indicated that it wants international protection;
i. the alien refuses to comply with the obligation to have his fingerprints taken;
j. the alien, on serious grounds, poses a danger to public order or national security; or
k. the foreigner under duress has been expelled for serious reasons of public safety or public order.
2 In the case of, or under general management, detailed rules may be laid down on the application of the first paragraph.
1 An application for the grant of a residence permit for certain time as referred to in Article 28 may be excluded from treatment within the meaning of Article 28 of the Rules of Procedure Directive, if:
a. The foreigner has failed to respond to requests for information which is essential to his application;
b. The alien has not appeared in a hearing and he has not demonstrated within a period of two weeks that he is not imputable to him; or
The foreigner has disappeared or left without the permission of Our Minister, and has not been contacted by the competent authorities within a period of two weeks.
2 If the foreigner submits a new application after his application has been made out of treatment, it shall be treated as a first application, unless the stranger has previously applied for an application which has been rejected.
3 The decision to be taken out of consideration shall, for the purposes of applying the provisions of this Act, be treated as a rejection.
4 In the case of, or under general management, detailed rules may be laid down on the application of the first and second paragraphs.
1 An application for the grant of a residence permit for certain time as referred to in Article 28 is rejected as unfounded within the meaning of Article 32 (1) of the Rules of Procedure, if the foreigner has not assumed that his application is based on circumstances which, either on their own, or in connection with other proceedings, are facts, a legal basis for granting.
2 The foreigner shall present all the elements in support of his application as soon as possible. Our Minister assesses in cooperation with the foreigner the relevant elements.
3 The elements referred to in the second paragraph shall include the statements of the foreigner and all relevant documentation in the possession of the foreigner.
4 In assessing the application, account shall be taken, inter alia, of:
a. all relevant facts relating to the country of origin at the time when a decision on the application is made, including the laws, regulations and administrative provisions of the country of origin and the manner in which they are to be taken. applied;
b. The foreigner ' s statement and documents produced, together with information on whether the foreigner is prosecuting for the purposes of the Refugee Convention or serious harm as intended by the foreigner; Article 29, first paragraph, point (b) , exposure could be exposed to exposure, or exposure,
c. the individual situation and personal circumstances of the foreigner, to which factors belong as background, gender and age, in order to assess whether based on the personal circumstances of the foreigner, the deeds to which he is exposed or could be exposed, with persecution within the meaning of the Refugee Convention or serious harm as intended in Article 29, first paragraph, point (b) , match;
d. the question of whether his activities, since he left his country of origin or a country of previous residence, were solely for the purpose of creating the necessary conditions for a request for international protection to be submitted, go to or the foreigner, in the event of return to that country, by those activities to persecution within the meaning of the Refugee Convention or serious harm as intended Article 29, first paragraph, point (b) , would be exposed;
e. the question of whether or not it can be expected that the foreigner may be subject to the protection of another country in which he may rely on his nationality.
5 The fact that the foreigner has already been exposed in the past to persecution within the meaning of the Refugee Convention or serious harm as referred to in Article 29, first paragraph, point (b) , or that he is directly threatened with this, is a clear indication that the stranger ' s fear of that prosecution is well founded and the risk of that serious harm is real unless there are good reasons to believe that that prosecution or that serious damage will not occur again.
6 If the foreigner cannot substantiate his statements or part of his statements with documents, those statements are deemed credible and the foreigner is awarded the benefit of the doubt, when to the following conditions is fulfilled:
a. the foreigner has made a sincere effort to support his application;
b. all the relevant elements available to the foreigner have been submitted, and a satisfactory explanation has been given of the absence of any other relevant elements;
c. the statements of the foreigner have been found to be consistent and plausible and are not in conflict with available general and specific information relevant to his application;
d. The foreigner has submitted his application as soon as possible, unless he can submit good reasons for why he left this; and
e. is to be found that the foreigner can be regarded as credible in broad lines.
7 An application shall not be rejected by reference to an earlier dissenting decision if the elements and findings put forward by the foreigner in the application provide ground for the presumption of special, on the individual case related, facts and circumstances that are in the way of this.
8 In the case of, or under general management, rules may be laid down on the application of the first to seventh members.
1 Residence permit for some time as intended Article 28 may be withdrawn or the application for renewal of its validity may be rejected if:
a. The foreigner has supplied inaccurate data or has withheld information, whereas such information would have led to the initial application being refused or renewed;
b. The foreigner is a danger to public order or national security;
c. the ground for granting, intended to Article 29 , has been deleted;
d. The foreigner has established his main residence outside the Netherlands;
e. is an authorisation granted to a member of the family referred to in Article 29, second paragraph , and that family member does not or no longer maintain a real marital or family life with the foreigner, referred to in Article 29, first paragraph.
2 In the case of, or under general management, rules may be laid down in respect of the first paragraph. It shall determine the cases in which a residence permit as referred to in the first paragraph was granted on the basis of Article 29, first paragraph , it shall be withdrawn or the application for extension of the validity of such a residence permit is rejected.
Our Minister has jurisdiction:
(a) to grant, reject or not treat the application for the granting of a residence permit for an indefinite period of time;
b. to withdraw a residence permit granted for an indefinite period;
c. of ex officio to grant a residence permit for an indefinite period to the foreigner whose EU residence permit has been revoked for long-term residents, if the document provided to the foreigner is intended to be issued in the form of a Article 9 , the endorsement referred to in point Article 45c, first paragraph , was placed,
d. to grant, of its own motion, a residence permit for an indefinite period to the long-term resident from another EU Member State and in possession of a licence as referred to in Article 4 (1) of the EC Treaty. Article 20 , if the responsibility for the issue of the travel document is intended to be Article 2, first paragraph, point (d), of the Passport Act has been transferred to the Netherlands for the purposes of the relevant foreigner under the European Convention on the Transfer of Responsibility for Refugees of 16 October 1980 (Trb. 1981, 239).
1 The application for the grant of a residence permit for an indefinite period of time as referred to in Article 33 of the foreigner who, directly prior to the application, has enjoyed lawful residence as intended for five consecutive years Article 8 (c) , may be rejected only if at the time when the validity period of the residence permit for some time is intended to Article 28 , expires, a ground as intended in Article 32 if the alien is the examination, intended to Article 7, second paragraph, part a, of the Act of Incivil , or a diploma, certificate or other document, intended in Article 5, first paragraph, part c, of that law -I didn't get it. The period of residence on the basis of Article 14 Where the alien to whom a residence permit has been granted under Article 28 (1) (e) has been granted for a specified period of his own motion, a residence permit shall be regarded as lawful residence provided for in Article 8 (c).
2 In the case of, or under general management, rules may be laid down on the application of the requirement of inclusion referred to in the first paragraph.
1 The residence permit for an indefinite period of time as referred to in Article 33 can be withdrawn if:
a. The foreigner has supplied inaccurate data or has withheld information, whereas such information would have led to the refusal or extension of the application;
(b) the alien has been ordered to be sentenced at the time of a criminal offence to which a sentence of imprisonment of three years or more has been threatened, or to him in respect of the measure, intended to be taken. Article 37a of the Code of Criminal Law , has been imposed;
c. The foreigner has established his main residence outside the Netherlands;
d. The foreigner poses a danger to national security.
2 In the case of, or under general management, rules may be laid down in respect of the first paragraph.
The application for the provision of:
a. A residence permit for certain time as intended in Article 28 or, to extend its period of validity;
b. a residence permit for an indefinite period of time as referred to in Article 33 ,
By way of derogation from Article 2:1, 1st paragraph, of General Law governing the administrative law , submitted by the foreigner or his legal representative.
1 In the case of, or under general management, rules shall be laid down concerning:
the method of lodging and processing an application;
b. the manner in which the examination of the application, including the hearing of the foreigner, is furnished;
c. the particulars to be provided by the alien in person;
d. the manner in which decisions by or under this Act are given to the foreigner, as well as notices, notices or notices prescribed by or under this Act to the foreigner or to other interested parties announced. It may be laid down that the publication of decisions may also be effected by sending or issuing a document, and by the use of notes in a document to be indicated in the document.
2 The foreigner, according to rules to be given by Our Minister, shall charge fees in respect of the settlement of an application for the grant of the residence permit, intended in Article 33 . In doing so, Our Minister can provide that the foreigner for the issue of the document from which the lawful residence proves to be required is liable. If payment is not made, the application shall not be considered or the document shall be issued. Article 4:5, 4th paragraph, General rules on administrative law does not apply.
3 Our Minister may provide that the foreigner is liable for the issue of a replacement document from which the lawful stay is as intended Article 8 (c) If the original document is missing, lost, or has become unsound for identification. If payment is omitted, the document shall not be issued.
1 If the alien is given the opportunity to hear about the application for a residence permit or extend its validity, the foreigner is heard in a language to which the foreigner is preference shall be given, unless another language which he understands and in which he can communicate clearly is available.
2 In the case of, or directly after the lodging of the application for a residence permit, our Minister shall inform the foreigner that he must make elements and findings plausible either on their own or in relation to other elements and findings, a legal basis for the granting or renewal of the authorisation. In doing so, it is to be noted that he has to make statements to that effect and submit all the means of proof available to him or reasonably be available to him.
3 In the case of, or under general management, rules may be laid down in respect of the second paragraph.
1 If Our Minister intends to reject the application for the granting of a residence permit or the extension of its validity, the alien shall be notified in writing, giving the reasons for such an application. The communication may also concern the intention not to be of an ex officio residence permit for a fixed period of time Article 14 to issue or not to issue the expulsion or transfer on the basis of Article 64 Do not use it. The written intention shall be communicated to the foreigner through its distribution or transmission. The documents relating to the application shall be annexed to the written communication to the extent that the alien cannot have knowledge of the content of such documents.
2 The foreigner brings his views, by way of derogation from Article 4: 9 of the General Administrative Law Act , in writing, within the reasonable time limit laid down by our Minister.
3 In the case of the general measure of management, Article 37 , rules shall be laid down concerning the period referred to in paragraph 2 and the application of the preceding paragraphs.
The application for the grant of a residence permit for an indefinite period of time Article 33 may not be submitted earlier than four weeks before the foreigner has been lawfully resident for five consecutive years as intended Article 8 (c) -I've had it.
1 If Our Minister intends to apply for residence permit for certain time, intended Article 28 -or the residence permit for an indefinite period of time, Article 33 , in order to withdraw, are Articles 38 and 39 applicable mutatis mutandis.
2 If, on receipt of the foreigner's argument, our Minister intends to continue to withdraw the residence permit, the foreigner will be given the opportunity to hear himself.
1 On application to grant a residence permit for certain time as intended Article 28 , or a residence permit for an indefinite period of time as referred to in Article 33 , a decision shall be taken within six months of receipt of the application.
2 The acceptance of the application is part of the policy of our Minister after consultation with our Minister for Foreign Affairs.
3 If the application is rejected, the decision shall take into account the opinion of the foreigner. The decision also takes into account the argument of the foreigner as to the intention not to have an ex officio residence permit for a specified period of time, which is intended to be Article 14 , to be granted, or to the intention not to be expelled or transferred on the basis of Article 64 shall not be omitted if it has been notified of such intention.
4 The period referred to in paragraph 1 may be extended for a further period not exceeding nine months if:
a. Complex factual or legal issues are on the agenda;
(b) a large number of foreign nationals are applying at the same time, making it very difficult in practice to complete the procedure within the six-month period; or
c. the delay in the processing of the application to the foreigner is due.
5 If this is necessary to ensure a proper and complete examination of the application, the period after the extension referred to in the fourth paragraph may be renewed for a period not exceeding three months.
6 If in the context of the application for granting a residence permit for certain time as intended in Article 28 is examined or the application is based on Article 30 The period of time referred to in paragraph 1 shall commence at the time of the adoption of the application by the Netherlands in accordance with the Dublin Regulation.
7 Our Minister informs the foreigner of the extension of the term and, if requested by the foreigner, gives information on the reason for the extension and an indication of the time frame within which the order, intended First member, to be expected.
1 By decision of Our Minister, for certain categories of foreign nationals who apply for a residence permit for some time as intended Article 28 submitted, the period of time, referred to in Article 42, first paragraph , shall be extended to a period not exceeding twenty-one months if uncertainty is expected to exist for a short period on the situation in the country of origin and on the basis of which it cannot reasonably be decided on or on any of the the grounds mentioned in Article 29 can be accepted.
2 If our Minister makes a decision as referred to in paragraph 1, the following shall be:
(a) at least every six months, assess the situation in the country of origin concerned;
Within a reasonable period of time, notification of the deferral and the reasons for the deferral made to the applicants; and
(c) within a reasonable period of time, notification of the postponement to the European Commission.
1 By way of derogation from Article 42, first paragraph , and without prejudice to Article 4: 5 of the General Administrative Law Act , is the decision on the application for grant of residence permit for certain time as intended? Article 28 in the case of aliens enjoying temporary protection, at a time between the receipt of the application and six months after the end of the temporary protection.
2 The Articles 42, 4th paragraph , and 43 shall be applicable mutatis mutandis.
1 Grant of a residence permit for a specified period of time, Article 28 A lawful residence shall, by law, result in the cessation of benefits in kind provided for or under the provisions of the Law Central Organ Reception of asylum seekers or any other legal requirement governing similar benefits in kind. Benefits in kind shall be terminated in the manner provided by or under the conditions of Law Central Organ Reception of asylum seekers or in the other legal requirement and within the time limit set for that purpose.
(2) If application for grant of a residence permit for certain time is as intended Article 28, first paragraph , under (a) is granted, this residence permit shall be granted as from the date on which the application was received.
3 The residence permit for some time as referred to in Article 28, first paragraph, point (e) , shall be granted as from the date on which the residence permit as referred to in Article 14 is revoked.
4 The residence permit for an indefinite period of time as referred to in Article 33 shall be granted from the date on which the foreigner has demonstrated that he fulfils all the conditions.
5 If the foreigner is the application for renewal of the residence permit, Article 28 , if the information which indicates that the conditions are met has not been submitted in due time and that it is not attributable to it, the residence permit may be extended from the day following that of the expiry of the period of validity of the residence permit which has been requested for renewal expires. The preceding sentence shall apply mutatis mutandis to the application for the grant of the residence permit, as referred to in Article 4 (2). Article 33 .
1 If application for grant of a residence permit for certain time, intended in Article 28 , is not being considered on the basis of Article 30, first paragraph , if the decision is taken as a transfer decision, it shall have the effect of automatically:
a. The foreigner has lawful residence on the grounds of Article 8 (m) ;
(b) officials responsible for the supervision of aliens shall be authorized to enter any place, including a dwelling without the permission of the occupant, in order to transfer the alien;
c. the foreigner shall leave the Netherlands from its own movement within the Article 62c the period prescribed, in the absence of which the alien may be transferred.
2 The action referred to in point (b) of paragraph 1 shall not enter into force if the Article 62c the period specified has not yet expired.
1 The order in which an application for the grant of the residence permit for a specified period of time, intended Article 28 , or for an indefinite period of time, Article 33 , rejected, shall be deemed to be a return act, unless a return decision has been previously issued against the foreigner and the consequent return obligation has not been complied with, and shall result in the following:
a. The foreigner no longer resides lawfully in the Netherlands unless another legal basis for lawful residence is as intended in Article 8 is applicable;
b. the foreigner must leave the Netherlands from its own movement within the Article 62 the period prescribed, in the absence of which the alien may be expelled;
(c) benefits in kind provided with or under the Law Central Organ Reception of asylum seekers or any other legal requirement regulating similar benefits in kind shall be terminated by the procedure provided for in or under that law or by that statutory provision within the time limit set for that purpose;
The officials in charge of the supervision of aliens after the date of the date of departure of the Netherlands from their own movement shall be entitled to enter any place, including a dwelling without the consent of the Occupant, in order to expend the alien;
e. the officials responsible for the supervision of aliens have the power to decommission, after the expiry of the time limit laid down in subparagraph (c), an immovable property in order to provide accommodation or stay in the place of residence as provision, intended in part c, to be terminated.
2 The first paragraph shall apply mutatis mutandis where:
a. Following Article 4: 5 of the General Administrative Law Act has been decided that the application for the grant of a residence permit for an indefinite period of time as referred to in Article 33 is not being considered, or
b. A residence permit has been revoked or not renewed.
3 The effect of the decision referred to in paragraph 1 shall not occur as long as the action of the foreigner suspends the operation of the decision.
4. Our Minister may decide that, by way of derogation from the first paragraph, introductory wording and point (c), benefits in kind provided with or under the provisions of the Law Central Organ Reception of asylum seekers or any other legal requirement regulating similar benefits in kind, not to be terminated for certain categories of aliens, or to be granted for the duration of the decision. The decision shall be withdrawn no later than one year after its publication. At the end of the period of application of the decision, the suspended legal effects shall be reinstated.
5 The alien to whom the decision referred to in the fourth paragraph applies shall be deemed to have been lawfully resident in the Article 8 (j) -To have it.
6 The effects of the decision referred to in paragraph 1 shall not take place as long as the expulsion of the foreigner under the Temporary Protection Directive is not in force. The consequences which have already been taken are suspended if our Minister has established that expulsion under the Temporary Protection Directive is not being done. The suspended effects referred to in paragraph 1 shall be renewed after the expiry of the temporary protection.
7 The residence of the foreigner, as referred to in paragraph 6, shall be treated in the same way as lawful residence within the meaning of Article 8 (f) .
8 The decision referred to in paragraph 1 may also include an entry ban.
9 If the order implies that the request from the foreigner to grant a residence permit for some time is as referred to in Article 28 is declared inadmissible on the basis of Article 30a, first paragraph, part a By way of derogation from the first paragraph, the order shall not be deemed to be a return decision and the alien shall, by way of derogation from the first paragraph, be part b, leave the Netherlands immediately and move to the territory of the Member State which has granted a valid residence permit or other authorisation to stay.
1 Our Minister is empowered:
(a) to grant, reject or not treat the application for the granting of an EU residence permit for long-term residents;
b. To withdraw an EU residence permit for long-term residents.
2 The status of long-term resident is acquired through the provision of an EU residence permit for long-term residents. The status of long-term resident is permanent, without prejudice Article 45d .
1 The application for the grant of an EU residence permit for long-term residents is rejected, if the foreigner immediately prior to the application:
a. A right of residence of a temporary nature, on the basis of a residence permit, for a specified period of time, as referred to in Article 14 ;
b. has a formally restricted right of residence;
c. has been on the basis of a special privileged status;
d. has a residence permit for a specified period of time as specified in: Article 28 , which has not been granted on the basis of Article 29, first paragraph, point (a) or (b) ;
e. has a residence permit for a specified period of time as referred to in Article 28 , which has been granted on the basis of Article 29, second paragraph , in the case of a foreigner who is in possession of a residence permit as referred to in Article 28, which has not been granted under Article 29 (a) or (b).
2 Without prejudice to paragraph 1, the application for the grant of an EU residence permit for long-term residents may be rejected only if the foreigner:
a. Not continuous and immediately prior to the application for a period of five years and immediately prior to the application as referred to in Article 8 shall have had, in accordance with the third paragraph;
b. has remained for six or more consecutive months or for a total of 10 or more months outside the Netherlands during the period, referred to in point (a);
(c) whether or not, together with the members of the family of whom he resides, does not have sufficient resources of existence;
d. has been convicted of a criminal offence at which a sentence of imprisonment of three years or more has been threatened or threatened, or to him in the matter of the measure, which has been ordered irrevocably. Article 37a of the Code of Criminal Law , has been imposed;
e. constitutes a danger to national security;
f. does not have adequate health insurance for himself and the dependent family members; or
g. the incivil examination, specified in Article 13 of the Act of Incivil -I didn't get it.
3 For the calculation of the period referred to in paragraph 2 (a), residence as referred to in the first paragraph and stay referred to in point (b) of the second paragraph shall not be counted, except in the case of a stay for study or vocational training, which shall be: Half of them are counted.
4 In the case of, or under general management, rules may be laid down on the application of the first and second paragraphs.
1 On the document referred to in Article 9 , from the foreigner to whom an EU residence permit has been granted for long-term residents, the endorsement 'International protection on [ date] granted by the Netherlands' shall be placed if:
a. The foreigner directly prior to the application was in possession of a residence permit for certain time as intended in Article 28 , which has been granted on the basis of Article 29, first paragraph, point (a) or (b) , unless the land for that provision has expired; or
b. the foreigner directly prior to the application was in possession of a residence permit for an indefinite period of time as intended Article 33 , provided he had previously been in possession of a residence permit for certain time as intended Article 28 , which has been granted on the basis of Article 29, first paragraph, point (a) or (b) .
2 If the EU residence permit for long-term residents is granted to a third-country national who already holds a residence document issued by another Member State and that the endorsement 'International protection [ date]' is issued granted by [ Member State] ', shall be included in the document referred to in Article 9 , the same endorsement, unless the international protection has been withdrawn by a final decision of that other Member State.
3 If a request made by the authorities of another Member State of the European Union to our Minister shows that the international protection of the holder of a document as referred to in Article 9 The note to the document referred to in Article 9 shall be entered in the document referred to in Article 9, with the endorsement referred to in paragraph 1 which has been taken over by that Member State before it has been issued by that Member State for long-term residents. amended accordingly.
4 In the case of, or under general management, detailed rules may be laid down in respect of the provisions of the first, second and third paragraphs.
1 The EU residence permit for long-term residents may be withdrawn if:
a. The alien has remained outside the territory of the European Union for a continuous period of 12 months or longer, or six years or more outside the Netherlands; or
b. The foreigner constitutes an actual and serious threat to public order or national security.
2 The EU residence permit for long-term residents of the foreigner on whose document, intended Article 9 , the endorsement referred to in point Article 45c, first paragraph , has been placed, may be withdrawn if:
a. there are serious grounds to believe that the foreigner has pleaded guilty to one of the crimes or acts referred to in Article 1 (F) of the Refugee Convention or has incited or otherwise participated in such crimes. crimes or acts; or
b. the alien has misrepresented or withheld facts, or has used false documents, and has been decisive for the grant of the residence permit, intended Article 28 .
3 The EU residence permit for long-term residents shall be withdrawn if:
a. The alien has become long-term resident in another Member State of the European Union; or
b. The residence permit has been fraudulated fraudul;
4 In the case of, or under general management, detailed rules may be laid down in respect of the first, second and third members.
At or under the Article 23 , 24 and 24a It shall apply mutatis mutandis to the application for the grant of an EU residence permit for long-term residents.
1 If Our Minister intends to reject the application for granting EU residence permits for long-term residents and the foreigner is in possession of a residence permit as referred to in Article 28 or Article 33 , is it at or under Article 39 certain of the corresponding application.
2 If Our Minister intends to apply to the foreigner who holds a residence permit as intended. Article 28 or Article 33 , to grant an EU residence permit for long-term residents, without reference to the document to be provided to the foreigner. Article 9 , the endorsement referred to in Article 45c, first paragraph , to be placed, is it at or under Article 39 certain of the corresponding application.
3 If Our Minister intends to apply EU residence permit for long-term residents with reference to the document provided to the foreigner Article 9 , the endorsement referred to in Article 45c, first paragraph , to be withdrawn, is Article 41 applicable mutatis mutandis.
1 The decision on the application for granting the EU residence permit for long-term residents shall be published no later than six months after receipt of the application.
2 The period of publication of the decision referred to in paragraph 1 may be extended for a period not exceeding six months if the Minister's opinion is of special circumstances relating to the complexity of the situation in which the decision is taken. the nature of the examination of the application.
3 Our Minister shall inform the foreigner of the extension.
4 The day of the expiry of the period referred to in the first or second paragraphs shall apply to the application of Article 4:17, third paragraph, of the General Law governing the administrative law as the day on which the deadline for the adoption of the decision has expired.
1 The EU residence permit for long-term residents shall be granted with effect from the date on which the foreigner has demonstrated that he fulfils all the conditions.
2 If the alien did not submit the application for the grant of the EU residence permit for long-term residents or the information proving that the conditions are met in a timely manner, and that he is not imputable to him, the EU residence permit for long-term residents issued with effect from the day following that on which the validity of the residence permit, intended Article 14 or Article 28 Ends.
1 The monitoring of compliance with, and implementation of, the Schengen Borders Code and the legal requirements relating to border surveillance shall be entrusted to:
a. The officials of the Royal Marechaussee;
b. officials employed at the regional unit in the area in which the port of Rotterdam is located;
c. the Director of a border bed as referred to in Article 3 of the Rules of Procedure ;
d. the decision of Our Minister, in accordance with Our Ministers of the Interior and Kingdom Relations and of Defense, designated officers of police as intended in Article 2 (a), (c) and (d) of the Polition Act 2012 which have been appointed for the execution of the police task.
2 In the case of a general measure of management, rules shall be set about:
a. Provisions to be taken in the interests of the border control;
b. the obligations to which persons are subject for control purposes in the interest of the border control.
The border guards designated by or under the first paragraph shall be the border guards referred to in Article 2 (13) of the Schengen Borders Code.
1 The following shall be entrusted with the supervision of compliance with the legal provisions relating to aliens:
a. Police officers referred to in the Article 2 (a), (c) and (d) of the Polition Act 2012 , who have been appointed for the execution of the police task;
b. The officials of the Royal Marechaussee;
c. the officials appointed by the decision of Our Minister.
2 Police officers referred to in the Article 2 (a), (c) and (d) of the Polition Act 2012 , who have been appointed for the implementation of the police task, are exercising the supervision of aliens under the guidance of the basket chief.
3 The officials of the Royal Marechaussee are practicing the supervision of aliens under the command of the Commander of the Royal Marechaussee.
1 The supervision of compliance with legal provisions with regard to referrers shall be subject to the responsibility of the officials appointed by the decision of Our Minister.
2 In the case of a general measure of administration on a proposal from Our Minister and Our Minister of Internal Affairs and Kingdom Relations, it may be stipulated that the verification of compliance with the legal provisions relating to referrers shall also be shall be responsible for the officers of the police, Article 2 (a), (c) and (d) of the Polition Act 2012 , who have been appointed for the execution of the police task, in which case Article 47, second paragraph , shall apply mutatis mutandis.
1 The chief chief and the Commander of the Royal Marechaussee give our Minister the information requested by him concerning the implementation of this law and of the Schengen Borders Code.
2 Our Minister can give instructions to the corps chief and to the Commander of the Royal Marechaussee on the implementation of this law and of the Schengen Borders Code. Our Minister can give individual directions to the officials, meant in the Articles 47, 1st paragraph , and 47a .
3 Our Minister may give instructions on the establishment of work processes and operations to:
a. de korpschef, through the intervention of our Minister of Security and Justice;
b. the Commander of the Royal Marechaussee, through the intervention of the Minister of Defence.
4 In the case of a general measure of management, detailed rules may be laid down on the first, second and third paragraphs.
1 The exercise of the powers provided for in this paragraph shall be, where necessary, the articles 5:12 , 5:13 and 5: 20 of the General Administrative Law Act applicable mutatis mutandis.
2 The exercise by officials responsible for the border control of the tasks arising from the Schengen Borders Code is the Articles 5:12 , 5:13 and 5:20 of the General Law governing law shall also apply mutatis mutandis.
1 The officials in charge of the border control and the officials responsible for the supervision of aliens shall be competent, either on the basis of facts and circumstances which, by reference to objective criteria, are reasonable grounds for believing that they are illegal. to maintain persons standing in order to determine their identity, nationality and residence status in order to combat illegal residence after crossing the border. The person who proposes to be a Dutchman, but who is unable to prove it, may be subject to the coercive measures referred to in the second and fifth paragraphs. In the case of a general measure of management, the documents on which an alien must have his identity, nationality and residence status shall be designated.
2 If the identity of the standing person cannot be determined immediately, he may be transferred to a place intended for questioning. It shall no longer be suspended for six hours except that the time between midnight and nine hours is not taken into account in the afternoon.
3 If the identity of the person held can be determined immediately and if it is found that this person does not enjoy a lawful stay, or if it is not immediately apparent that he is lawfully resident, he may be transferred to a place intended for interrogation. It shall no longer be suspended for six hours except that the time between midnight and nine hours is not taken into account in the afternoon.
4 If there is still grounds for suspecting that the detained person has no legitimate residence, the time limit laid down in the second and third paragraphs may be given by the Commander of the Royal Marechaussee, respectively, by the Commissioner in the interest of the examination shall be extended for a period of up to eight and 40 hours.
5 The officials referred to in paragraph 1 shall have the right to investigate the detained person's clothing or body and to search the cases of that person.
6 In the case of general administrative measures, detailed rules shall be laid down on the application of the preceding paragraphs of this Article.
(1) If the officials in charge of the border control and the officials responsible for the supervision of foreign nationals on the basis of facts and circumstances measured by objective criteria, have reasonable grounds for suspecting that a means of transport should be used relating to whom they have a supervisory task, they shall be empowered to examine the means of transport. Officials shall, in that case, be responsible for the responsibility of the driver of the vehicle or of the skipper of the vessel, who shall keep his means of transport stationary and transfer it to a place designated by them in order to investigate the means of transport.
2 Article 5:19, fifth paragraph, of the General Law on administrative law shall apply mutatis mutandis to the claim referred to in the first paragraph.
3 If, according to facts and circumstances, the officials in charge of border control measured by objective criteria, there is a reasonable suspicion that an aircraft may be transported by persons in respect of whom it has a supervisory authority. They shall have the power to investigate the aircraft. In that case, officials shall be able to claim the authority of the pilot-in-command of an aircraft which transfers his aircraft to a place designated by them, in order to investigate the aircraft. Detailed rules may be laid down in the context of, or pursuant to, a general measure.
1 Our Minister, the officials responsible for border security, and the officials responsible for the supervision of aliens, are empowered to take, for the purpose of carrying out their duties, travel and identity papers of persons, temporarily to be detained. as well as to make notes in this respect. Detailed rules shall be laid down in this regard or on the basis of a general measure of management.
2 The travel or identity paper is returned to the stranger if he knows he wants to leave the Netherlands and he actually leaves. In the case of expulsion, the travel and identity paper may be transferred to the person responsible for the border surveillance in the country where the authorisation is guaranteed.
1 The officials in charge of the border control and the officials responsible for the supervision of aliens shall be authorized to enter a dwelling without the permission of the occupant, if, by reason of the facts and circumstances, there are objective criteria measured, there is a reasonable suspicion that this place will be a foreigner who does not have a legitimate stay.
2 The officials referred to in paragraph 1 shall also be entitled to enter any place, including a dwelling without the permission of the occupant, to the extent necessary for the purpose of expulsion from the foreigner or for the purpose of reentry of the person concerned. the foreigner on the grounds of Article 59 .
1 The officials in charge of the border control and the officials responsible for the supervision of aliens are, after entering a dwelling and after having held a stranger there whose identity cannot be immediately established; established, competent to search this property without permission of the occupant to the extent reasonably necessary for the temporary inservice of cases from which the identity of the alien concerned with a reasonable degree of certainty can be derived.
2 Officials shall also be entitled to search any premises belonging to an undertaking to the extent reasonably necessary for the cases referred to in the first paragraph, if a standing alien whose identity is not immediately established it operates in that undertaking and if it is suspected that the foreigner uses a space belonging to the undertaking as a living space.
3 To search for the temporary inservice of cases from which the identity of the alien concerned can be derived with reasonable assurance shall not be carried out from the date of the invitation of the foreigner to be voluntarily removed from the goods. ed.
4 The search shall be carried out only to the extent that this does not reasonably result in substantial damage to the space or to the cases situated in that space.
5 The search is carried out only in the presence of a competent official, and also of the subsidiary of the Justice Department.
The officials referred to in paragraph 1 shall also be authorized to take, pending the arrival of the official referred to in the fifth paragraph, the measures which are reasonably necessary for the purpose of reintroduction, deactivation, unpreparation or damage to the public. to prevent items of susceptible entry for temporary inservice. Such measures may limit the freedom of persons who are on the spot.
1 Article 10 of the General Act on indoor reason shall apply mutatis mutandis to the search for a search.
2 In addition to Article 10 of the General Act on indoor reason Indicate the official responsible for the search, as specified in the Article 53a, first and second paragraphs , has carried out, in the written report on which grounds, it was assumed that it was reasonably necessary for the temporary inservice of the cases referred to in Article 53a, first and second paragraphs.
3 The report shall be forwarded to the Public Prosecutor.
1 By or under a general measure of management, provision may be made for foreign nationals to be subject to:
the knowledge of change of place of residence or of residence within the Netherlands and of departure from abroad;
(b) the provision of information, whether in person or not, which may be relevant for the application of the rules laid down in or pursuant to this Law;
(c) cooperate in the recording of data for the purpose of identification;
d. To assist in a medical examination of a disease designated by or under the Infectious Disease Act, in order to protect public health or in the context of the evaluation of an application for a residence permit;
e. Notification within a fixed period of entry into the Netherlands;
f. periodic notification;
g. submission of the document or written declaration as intended: Article 9 it appears to be lawful;
h. lodging of security;
(i) the presentation of documents, other than those specified in g.
2 In the case of or under general management measure, references to referents and former referrers shall be provided in respect of:
(a) whether or not the provision of information and documents in person may be relevant for the purposes of the rules laid down in or pursuant to this Law; and
b. the administration and management of data and documents as referred to in point (a).
3 In cases where our Minister considers this necessary in the interests of public policy or national security, he may impose on a foreigner an individual obligation to submit periodic notification to the rebate.
1 The foreigner who enjoys lawful residence on the grounds of Article 8 (f) , in connection with the examination of the invisibility of the application for a residence permit to be made available to a place designated by Our Minister, he shall, in accordance with the instructions given to him by the competent authority, be used to that end.
2 In support of the examination or application for the grant of the residence permit as referred to in Article 28 The officials responsible for the border surveillance and the officials responsible for the supervision of aliens shall be responsible for maintaining an alien's standing and of his or her clothing or body, as well as his luggage. search for the presence of travel or identity papers, documents or documents necessary for the assessment of his application. Equality of competence shall exist if the foreigner has been given an application to submit an application.
3 The officials responsible for the border control and the officials responsible for the supervision of aliens shall have the right to an alien who is in the course of the investigation in a place referred to in paragraph 1 or to a foreigner who is responsible for the investigation of a foreign policy. is in a disposal centre, to investigate his clothing or body, and to search his luggage for safety in that place.
1 Our Minister may in case of a violation of obligations on or under Articles 2a, second paragraph, point (b) , 2t, second and third members , 24a, second and third members , 54, first paragraph, points (a) to (g) and (second) , imposing an administrative penalty of up to € 3000 for enterprises, legal persons and other organisations and € 1500 for natural persons. In the case of a regulation of our Minister, detailed rules on the level of administrative penalty may be laid down.
2 In any case, the report shall state the person or persons involved in afforestation.
3 Our Minister may increase the administrative fine by 50% if, on the day of detection of the offence, no 24 months have elapsed since a previous infringement of the same legal obligation has been detected.
1 In accordance with rules to be given by general rule, where the importance of public policy or national security so requires, our Minister shall limit the freedom of movement of the foreigner who:
a. has no lawful residence;
b. has lawful residence on the basis of Article 8, with the exception of parts b, d and e .
2 Application of the first paragraph shall not be applied when and termination shall be terminated as soon as the foreigner is aware that the Netherlands may wish to leave the Netherlands and exists for him for that purpose.
1 Our Minister may ask the foreigner whose application for a residence permit as referred to in Article 28 (a) has been refused the designation to be held in a given area or place and to observe the instructions of the competent authority there, even if the decision rejecting the application is not yet irrevocable The appeal is, however, to suspend the operation of the decision.
2 On request of the foreigner, another space or place may be designated.
3 A designation as referred to in paragraph 1 shall not be omitted if the freedom of movement of the foreigner is limited in connection with the examination of the application for a residence permit and the alien has actually become available The decision to reject it has been given more than eight weeks after submission of the application.
4 The designation referred to in paragraph 1 shall be cancelled if the order in which the application has been rejected is destroyed or if the foreigner's departure from the place or place is necessary to leave the Netherlands.
5 The period of time referred to in paragraph 3 shall be suspended during the period in which the alien has not complied with the restriction of his freedom of movement.
1 If this is necessary for the expulsion, our Minister may, in the case of: Article 57, first paragraph , the stranger designate a space or place, which is secured against unauthorized departure.
2 The Article 6, fourth paragraph , 57, second to fifth members and 59, third member , shall apply mutatis mutandis.
1 If the importance of public policy or national security so progressates, with a view to the expulsion, our Minister may be held in custody by the foreigner who:
a. has no lawful residence;
b. having lawful residence on the basis of Article 8 (f, g and h) , not being a stranger as intended in Article 59a or 59b .
2 If the documents necessary for the return of the alien are available, or will be available within a short period of time, the importance of the public order shall be deemed to require the detention of the alien, unless the alien is in possession of a lawful residence has had on the basis of Article 8 (a) to (e) and (e) .
3 Custody of a foreigner shall be omitted if and shall be terminated as soon as he knows he wants to leave the Netherlands and exists for him for that purpose.
4 Detention pursuant to paragraph 1 (b) or the second paragraph shall in no case exceed four weeks. If prior to the decision on the application has been applied to Article 39 , detention under paragraph 1 (b) shall not take longer than six weeks.
5 Without prejudice to the fourth paragraph, detention shall not take longer than six months under the first paragraph.
6 By way of derogation from paragraph 5, and without prejudice to paragraph 4, detention may be extended for a further period of 12 months under the first paragraph, if the expulsion, regretting all reasonable efforts, may take more time, on the ground that the alien does not cooperate in his expulsion or the necessary documentation from third countries is still missing.
7 The fifth and sixth paragraphs shall apply mutatis mutandis to the alien to whom the obligation or measure provided for in this Article is to be applied. Article 6, first or second paragraph , then Article 58 was imposed.
8 The officials in charge of the border control and the officials responsible for the supervision of aliens shall be responsible for examining the person in custody of his or her clothing or body, and to search any cases of that person, in so far as this person is responsible for the protection of his or her clothing and clothing. necessary to obtain information about the identity, nationality and the right of residence of the foreigner.
1 Our Minister may, for the purpose of transferring to a Member State responsible, place aliens on whom the Dublin Regulation applies subject to compliance with Article 28 of the Dublin Regulation.
2 Article 59, third paragraph , shall apply mutatis mutandis.
1 The foreigner who has legitimate residence on the grounds of Article 8, point f, g or h , in so far as this relates to an application for the grant of a residence permit as referred to in Article 28 , may be placed in custody by Our Minister if:
a. Custody is necessary for the purposes of determining the identity or nationality of the foreigner;
(b) detention is necessary for the purpose of obtaining data necessary for the assessment of an application for the grant of a residence permit for a specified period of time, Article 28 , in particular if there is a risk of withdrawal;
c. The foreigner:
1 °. was kept in detention in the context of a return procedure under the Return Directive;
2 °. has already had the possibility of access to the asylum procedure; and
3 °. on reasonable grounds, it may be assumed that he has submitted the application solely for the purpose of determining or defiling the execution of the return decision; or
d. the alien constitutes a danger to national security or public order as referred to in Article 8, third paragraph, part (e) of the Catch Directive.
2 The custody under the first paragraph, part a, b or c, lasts no more than four weeks unless application is given to Article 39 . In that case, detention shall take no more than six weeks.
3. custody under subparagraph (a), (b) or (c) may be extended for a period not exceeding three months if the alien has been lawfully resident on the basis of Article 8 (h) .
4 Custody under paragraph 1 (d) shall not take longer than six months.
5 Our Minister may extend the detention pursuant to paragraph 1 (d) by not more than nine months, if there is:
a. complex factual and legal circumstances related to the handling of the application for the grant of a residence permit for certain time as referred to in Article 28 ; and
b. a serious importance of public order or national security.
1 Our Minister proposes a foreigner only in custody on the grounds of Article 59 , 59a or 59b In so far as no less restrictive measures can be effectively applied.
2 Custody of a foreigner shall not be omitted or terminated if it is no longer necessary for the purpose of detention.
Detailed rules on the application of this Chapter shall be laid down by or pursuant to general management measures. It may provide for the possibility of redress of the costs of detention on the alien himself and, if he is a minor, to those who exercise the legal authority of him.
1 The foreigner who has no or no longer lawful residence shall leave the Netherlands from their own movement within the Article 62 or Article 62c Fixed term.
2 If the operation of the decision, in which the application has been rejected or the residence permit has been withdrawn, has been suspended, cooperation may be sought from the foreigner in the preparation of the departure from the Netherlands.
3 The lodging of a complaint as referred to in Article 9: 1 of the General Administrative Law Do not suspend the obligation referred to in the first paragraph.
1 After a decision of return has been issued against the alien, or, if it is a Community national, after the legitimate stay of the foreigner has ended, he shall leave the Netherlands within four weeks of his own movement.
2 Our Minister may shorten the time limit prescribed for a foreigner, referred to in paragraph 1, or, by way of derogation from the first member, determine that a foreigner must leave the Netherlands immediately if:
a. A risk exists that the foreigner will escape the supervision;
b. the request of the foreigner to grant a residence permit or to extend the validity of a residence permit has been rejected as manifestly unfounded or because of the provision of incorrect or incomplete data; or
c. the foreigner poses a danger to public order, public security or national security.
3 Our Minister may extend the period of time applicable to a foreigner referred to in paragraph 1, taking into account the specific circumstances of the individual case. A ministerial arrangement shall lay down rules on the duration of the extension and designate the cases in which the period may be extended.
1 Our Minister shall inform the foreigner, other than Community national, who has no longer or no longer lawful residence, in writing of the obligation to leave the Netherlands of his own movement and of the period within which he or she Obligation must be fulfilled, unless:
a. A return decision has previously been issued against the foreigner and the consequent return obligation has not been fulfilled,
b. The foreigner is in possession of a valid residence permit or other permission to stay issued by another Member State; or
The alien is to be taken back by another Member State of the European Union on the basis of a bilateral or multilateral agreement or arrangement in force on 13 January 2009.
2 The notification referred to in paragraph 1 shall be considered as a return decision and may also include an entry ban.
3 The alien as referred to in paragraph 1 (b) shall be directed immediately to enter the territory of the Member State concerned. If this order is not complied with, or if, for reasons of public policy or national security, the immediate departure of a foreigner is required, a return decision shall be issued against the alien.
1 Our Minister shall inform the foreigner who may be transferred under the Dublin Regulation in writing of the decision to transfer him to the Member State responsible.
2 The notification referred to in the first paragraph shall be deemed to be a transfer decision.
1 After a transfer decision has been issued against the foreigner, he should leave the Netherlands from their own movement within four weeks.
2 Article 62, second paragraph , shall apply mutatis mutandis.
The Minister may, by way of derogation from the first and second paragraphs, shorten the period applicable to a foreigner or determine that a foreigner must leave the Netherlands immediately if necessary for the purpose of realising the Transfer within six months of the agreement of the Member State responsible.
4 The lawful residence on the basis of Article 8 (m) , end of law after the alien has apparently left the Netherlands from its own movement, or the actual handover has been realized.
1 The foreigner who has no lawful residence and who has not left the Netherlands from his own movement within the period prescribed by this law, can be deported.
2 Our Secretary of State is responsible for expulsion.
3 If the operation of the order in which the application has been rejected or the residence permit has been withdrawn has been suspended, cooperation may be sought from the foreigner in the preparation of the eviction.
The foreigner against whom a transfer decision has been issued, and who does not enter the Netherlands within the Article 62c has left its own movement period, may be transferred by Our Minister to a responsible Member State within the meaning of the Dublin Regulation.
Expulsion shall not be carried out unless the health of the alien or any of the members of his family is justified in order to travel.
1 The stranger:
a. the Netherlands has entered on board a vessel or aircraft in use in a transport undertaking and that the Netherlands is required to leave the Netherlands immediately; or
(b) having been arrested for expulsion within six months of entering a vessel or aircraft into a transport undertaking, may be plotted by placing on board a vessel, or aircraft in use in the same transport company.
2 The transport undertaking shall, if necessary, find a different means of return for the purpose of the border security officer, referred to in paragraph 1, at the direction of an official in charge of the border patrol, referred to in paragraph 1. If this is not possible within a reasonable period of time, or, in the case referred to in paragraph 1 (b), not within a reasonable period of time after the arrest, the costs of expulsion from the Netherlands may be recovered from that transport undertaking.
3 Commanders of vessels and aircraft shall provide the foreigner with any cooperation that the official in charge of the border control can reasonably be able to cooperate.
4 The first paragraph, point (b), shall not apply to the alien who has been lawfully resident until a later date than that of departure of the vessel or aircraft on board he entered.
1 In the case of, or under general management, rules shall be laid down on the application of the Divisions 1 and 2 of this chapter. In any case, provision shall be made for the possibility of redress of the costs of expulsion to the referring court or the former, to the foreigner himself and, if he is a minor, to those who have legal authority over him. exercise or exercise.
2 The amount due in respect of eviction may be recovered in the case of a compulsory order.
1 Our Minister shall issue an entry ban against the foreigner, who is not a Community national, to whom Article 64 does not apply and that the Netherlands:
a. Must leave immediately following Article 62, second paragraph , or
(b) has not abandoned its own movement within the period prescribed for that purpose, in which case the entry ban is issued only by means of a self-employed decision or a decision designed to amend the prohibition on the application of the prohibition on the movement of goods. already issued return decision.
2 Our Minister may issue an entry ban against the foreigner, who is not a community national and who does not have to leave the Netherlands immediately.
3 The alien against whom an entry ban has been issued is issued for the purposes of refusing entry and residence in the context of or under a Treaty, an EU regulation, directive, decision or general measure of the identifying information-or signalling systems.
4 The entry ban is given for a certain duration, which is for a maximum of five years, unless the foreigner, in the opinion of Our Minister, poses a serious threat to public order, public security or national security. The duration shall be calculated from the date on which the foreigner actually left the Netherlands.
5 If the publication of the decision, which issued the travel ban, is communicated by means of transmission, the decision shall be communicated in the Official Gazette.
6 By way of derogation from Article 8 the alien who is subject to an entry ban or who has been issued for the purposes of refusing entry may not have a legitimate stay, with the exception of the lawful stay:
a. of the foreigner who applied for a first application for the purpose of a residence permit as intended Article 28 submitted, as long as the application has not yet been decided;
b. intended in Article 8 (j) , and
(c) from the alien whose expulsion is to be omitted on the basis of a judicial decision until a decision has been taken on the objection or by a professional notice.
7 By way of derogation from the sixth paragraph and Article 8 and with the exception of the lawful residence of the foreigner who is a first application for the grant of a residence permit as intended Article 28 has not yet decided on that application, the alien to whom an entry ban applies shall not have a lawful stay, in case the foreigner:
(a) has been convicted of a criminal offence under which a sentence of three years or more is threatened by an order of fact which has become irretrievable, or the measure referred to in Article 1 Article 37a of the Code of Criminal Law has been imposed;
b. constitutes a danger to public order or to national security;
c. In the judgment of Our Minister, a serious threat as referred to in the fourth paragraph, or
d. should be denied any residence by virtue of a Treaty or in the interests of the Netherlands.
8 By way of derogation from paragraph 1, for humanitarian or other reasons, our Minister may waive the issue of an entry ban.
1 Our Minister may, of its own motion or due to changed circumstances or at the request of the foreigner, decide to abolish or temporarily lift the ban on entry.
2 In the case of, or under general management, rules may be laid down on the application of this section.
1 Unless Section 3 is applicable, our Minister may declare the foreigner undesired:
a. if he is not lawfully resident in the Netherlands and has been in the event of a repetition of a criminal offence under this law;
(b) if he has been ordered to give judgment in a court order which has been irrevocably delivered on the grounds of a crime against which a sentence of imprisonment of three years or more is threatened or threatened with the measure referred to in the Article 37a of the Code of Criminal Law has been imposed;
c. if he poses a danger to public policy or national security and does not have a lawful residence as intended Article 8 (a) to (e) or (c) ;
d. following a treaty; or
e. in the interests of the international relations of the Netherlands.
2 If the publication of the decision, in which the foreigner is declared undesired, is effected by means of transmission, the decision shall be communicated in the Official Gazette.
3 By way of derogation from Article 8 the undesireated stranger may not have a lawful stay.
1 Our Minister may, upon application by the foreigner, decide to waive the undesimable statement.
2 The undesirastable explanation shall be removed if the alien has had to stay for ten years unabated outside the Netherlands and none of the grounds in that period, as intended Article 67, first paragraph , have occurred.
3 In the case of, or under general management, rules may be laid down regarding the application of this section.
1 By way of derogation from Article 6: 7 of the General Administrative Law Act the period for lodging an objection or appeal shall be four weeks.
2 By way of derogation from the first paragraph, the period of appeal shall be one week, if the application for the grant of a residence permit for a specified period of time is as referred to in Article 2 (1 Article 28 :
a. has been rejected within a number of days to be determined by a general management measure which does not include the days of the rest period and the period of preparation;
b. has not been considered on the basis of Article 30 ;
c. is declared inadmissible on the basis of Article 30a ;
d. has been rejected as manifestly unfounded on the basis of Article 30b ; or
e. is not treated on the basis of Article 30c .
3 By way of derogation from Article 6: 7 of the General Administrative Law Act the establishment of an appeal as referred to in the Articles 94 and 96 against a decision as referred to in Article 93 not tied to any time limit. The time limit for the establishment of the appeal, Article 95 It's one week.
4 By way of derogation from the first paragraph, the period of appeal shall be one week, if a transfer decision has been taken on the basis of Article 62b .
1 By way of derogation from the Articles 2: 1 and 8:24 of the General Law governing law the objection, administrative appeal, appeal to the court or appeal is instituted by the foreigner in person, his legal representative, his special agent, his referent or a lawyer.
2 If the foreigner has been deprived of his liberty he may appeal the objection, administrative appeal, the appeal to the court or appeal, by means of the written declaration provided for in Article 451a of the Code of Criminal Procedure
On the appeal against a decision, taken on the basis of the Articles 43 and 45, fourth member , are the Articles 70, 1st paragraph , and 89 applicable mutatis mutandis.
1 By way of derogation from Article 8:89, 2nd paragraph, of the General Law governing the administrative law the Governing Court shall have exclusive jurisdiction to deal with a request as referred to in the Article 8:88, 1st paragraph, of that Act compensation for damage suffered by a foreigner as a result of an unlawful decision in respect of that alien as such.
2 By way of derogation from Article 8:94, 1st paragraph, of General Law governing law is Article 8:10a, first to third paragraphs, of that Act not subject to a corresponding application where the application is addressed by the Board of Governors of the Council of State.
1 This section shall apply if the Divisions 3 and 5 of this chapter are not applicable.
2 A decision on the issue of a visa, including an authorisation to provisionally stay, shall be treated, for the purposes of this Chapter, by a decision on a residence permit issued under this law.
3 For the purposes of this Section, a decision shall also be treated as an act of an administrative body in respect of a foreign member as such, including the failure to grant the residence permit in accordance with Article 14, second paragraph
4 For the purposes of this Section, a decision shall also be made equivalent to a notification provided for in Article 62a, first paragraph or Article 62b, first paragraph .
Article 8:88, 1st paragraph, of the General Administrative Law Act shall apply mutatis mutandis to a request for compensation for damage suffered by a foreigner as a result of a wrongful act by that administrative body in respect of that alien as such. Article 71a shall apply mutatis mutandis.
1 The operation of the decision rejecting the application or revocation of the residence permit is suspended until the deadline for objecting or setting administrative appeal has expired or, if objection has been raised or administrative appeal, until the objection or administrative appeal has been decided.
2 The first paragraph shall not apply if the application has been rejected or the residence permit has been withdrawn on the ground, as referred to in the Article:
b. 18, first paragraph, point (e) , and, in the case of a combined licence, under (g);
3 The first paragraph shall not apply where the decision involves the rejection of a repeated application or if the notice of objection or administrative appeal has not been lodged in due time.
4 The first paragraph shall not apply either if the alien has his freedom or is deprived of his or her liberty on the basis of Article 59 , 59a or 59b .
The first paragraph shall, in so far as it concerns the suspensive effect during the period for objecting or the setting up of an administrative appeal, be as long as no objection has been lodged or administrative appeal has been lodged, not to the obligation, for the purpose of Article 62, first paragraph or Article 62c, first paragraph .
1 If an objection is raised against a decision on the issue of the authorisation until provisional stay, Article 1a, part b , the residence permit, for the purpose of Article 14 or 20 , or the undesianted statement, intended to Article 67 , shall be by way of derogation from Article 7:10, 1st paragraph, of General Law governing law shall be decided within nineteen weeks from the day following that on which the deadline for the submission of the notice of objection has expired.
2 Without prejudice Article 7:10, third member, of the General Law governing the administrative law , the decision may be adjourned for a maximum period of thirteen weeks if, in the opinion of our Minister for the assessment of the objection, the opinion of third parties or the public prosecutor's office is necessary.
1 Against any decision taken pursuant to this Act which has not been taken by or on behalf of Our Minister, with the exception of a decision as referred to in Article 72, second paragraph , may be brought to our Minister for Administrative Appeals.
2 By way of derogation from the first paragraph, no administrative appeal shall be open against a decision issued on the basis of the Articles 6 , 6a and 50, second, third and fourth members .
Where an application for interim relief has been made in order to avoid eviction before a decision is taken on the objection or an administrative appeal, which is directed against the decision rejecting the application or withdrawal of the appeal, A residence permit shall, as far as possible, give as far as possible the court's provision on such an objection or an administrative appeal.
1 This section shall apply only where an appeal is lodged against:
(a) a decision on a residence permit as specified in the Articles 28 and 33 ;
b. a decision on an EU residence permit for long-term residents of a foreigner who is in possession of a residence permit as intended Article 28 or Article 33 ;
c. a decision on the withdrawal of an EU residence permit for long-term residents of a foreigner on whose document, intended in Article 9 , the endorsement referred to in point Article 45c, first paragraph , has been placed or is subject to amendment or deletion of that endorsement;
d. a decision on temporary protection or application of Article 45, fourth paragraph If the alien has been given the opportunity to give his views on the intention of that decision.
2 This section shall apply mutatis mutandis where proceedings are brought against a decision as referred to in the Articles 43 and 45, fourth member .
3 This section shall apply mutatis mutandis if, in the case of the preliminary procedure, the Articles 39 and 41 The alien has also been given the opportunity to give his views on the intention not to have a residence permit as referred to in Article 4 (1) of the Treaty. Article 14 to grant or do not intend to carry out the expulsion or expulsion on the basis of Article 64 Do not use it.
By way of derogation from the Articles 8:41, first paragraph , and 8:82, 1st member, of the General Law governing law The Registrar shall not be subject to a Registry charge.
1 The operation of the decision on a residence permit shall be suspended until the period of appeal has expired or, if appeal has been lodged, has been decided on the appeal.
2 The first paragraph shall not apply where:
a. the application was not pending on the basis of Article 30 ;
(b) the application has been declared inadmissible on the basis of Article 30a , with the exception of Article 30a, first paragraph, part c;
c. the application is rejected as manifestly unfounded on the basis of Article 30b , with the exception of Article 30b, first paragraph, part h;
d. the application has been made out of treatment on the basis of Article 30c ;
e. the application has been rejected with application of Article 4: 6 of the Awb , with reference to a decision adopted under the Dublin Regulation, that another Member State is responsible for examining the application; or
f. it is a decision as referred to in Article 43 or 45, fourth member It is concerned.
3 The first paragraph shall not apply if the notice of appeal has not been lodged in due time.
4 The first paragraph is, in so far as it concerns the suspensive effect during the period of appeal, not subject to the obligation to comply with the obligation laid down in Article 4 (2). Article 62, first paragraph .
5 The second paragraph, points (a) and (b), and the third paragraph shall not apply where the alien has temporary protection.
6 In the case of, or under general management, detailed rules may be laid down concerning the right to reside or not, pending the ruling, on a request for the provision of a provisional provision in the Netherlands.
1 The court shall, when assessing the appeal, take into account:
a. facts and circumstances invoked after the contested decision; and
(b) changes to policies which have been published after the contested decision.
2 The data referred to in paragraph 1 shall be taken into account only if they may be relevant to:
(a) the residence permit decision, as specified in the Articles 28 and 33 ;
b. the EU residence permit decision for long-term residents of a foreigner holding a residence permit as intended in Article 28 or 33 ;
c. a decision on the withdrawal of an EU residence permit for long-term residents of a foreigner on whose document, intended in Article 9 , the endorsement referred to in point Article 45c, first paragraph , has been placed or is subject to amendment or deletion of that endorsement;
d. the ex officio of a licence as referred to in Article 14 , or to omit the expulsion or transfer on the basis of Article 64 .
3 With the information referred to in paragraph 1, no account shall be taken to the extent that the good procedural order is opposed to it or, as a result, to delay the judgment inadmissible.
(4) If the author relies on facts or circumstances referred to in paragraph 1 (a), but does not make it plausible, the court shall, if necessary, give him the opportunity to do so. within a period to be determined by the court, unless the good procedural order is opposed to it or, as a result, the judgment of the case is not admissible.
5 Our Minister shall inform the other party and the court in writing as soon as possible whether the data referred to in paragraph 1 are the grounds for the maintenance, amendment or revocation of the contested decision. The court can set a deadline for that.
6 If Our Minister relies on data as referred to in the first paragraph, the court shall provide the alien with an opportunity to respond in writing.
7 The fifth and sixth paragraphs shall not apply where:
a. There is no reasonable need for a written response;
b. may not be relevant to the residence permit decision referred to in the Articles 28 and 33 or EU residence permit for long-term residents of a foreigner who holds a residence permit as referred to in Article 28 or 33, a decision on the withdrawal of EU residence permit for long-term residents of a foreigner on whose document, intended in Article 9 , the endorsement referred to in point Article 45c, first paragraph , has been placed, or on the ex officio of a licence as referred to in Article 14 , or to omit the expulsion or transfer on the basis of Article 64 ;
(c) The good procedural order is opposed to it or, as a result, it is not permissible for the judgment to be settled.
Where an appeal is lodged against a decision equivalent to a decision previously taken in respect of the author of the notice of appeal, this decision will, even in the absence of new facts, be altered or changed. any circumstances or any relevant amendment of the law shall be assessed as if it were the first refusal if, in view of particular facts and circumstances relating to the individual case, there is a need to reject it.
The judicial review shall include a complete and ex-nunc investigation of both actual and legal grounds, including, where applicable, an examination of the need for international protection.
1 If application for grant of a residence permit for specified time is as intended Article 28 has been rejected within a number of days to be determined by a general measure of management which does not include the days of the rest and preparation period, the court shall decide within four weeks of the appeal.
(2) If application for grant of a residence permit for certain time is as intended Article 28 has been rejected in cases other than those referred to in paragraph 1, the court shall rule within three and twenty weeks after the appeal is lodged.
3 By way of derogation from the second paragraph, the court shall rule within four weeks of the filing of the appeal if the application:
a. has not been considered on the basis of Article 30 ;
b. is declared inadmissible on the basis of Article 30a ;
c. was rejected as manifestly unfounded on the basis of Article 30b ;
d. has been rejected with application of Article 4: 6 of the Awb , with reference to a decision adopted under the Dublin Regulation, that another Member State is responsible for examining the application; or
e. is not treated on the basis of Article 30c .
4 In the cases referred to in paragraphs 1 and 3 of this Article Article 8:52, 2nd and 3rd member, of General Law governing law applicable mutatis mutandis.
1 On appeal, the Titles 8.1 to 8.3 of the General Administrative Law Act of corresponding application, with the exception of the Articles 8: 1 to 8: 5 , 8:6, 1st Member , 8: 7 to 8: 9 , 8:10a, first to third members , 8:13 , 8:41, 2nd Member , 8:54, 2nd Member , 8:55 AM , and 8:74 , to the extent that this law does not otherwise define.
3 This section, with the exception of Article 86 , mutatis mutandis, shall apply to the occasional appeal. By way of derogation from Article 8:110 of the General Administrative Law shall be the time limits for the imposition of an occasional appeal as referred to in the second paragraph of that Article and for bringing forward the views referred to in the third paragraph of that Article, equal to the time limit set for the establishment of higher occupation.
4 The Articles 8:110 to 8:112 of the General Administrative Law Act do not apply to a higher profession:
a. As intended in Article 95, first paragraph ;
b. on a return decision or an entry ban, unless that decision or prohibition is part of or is imposed at the same time as the decision on an application for a residence permit as referred to in Article 14 , 20 , 28 or 33 , or as a result of Article 6:19 of the General Administrative Law shall be involved in the appeal against such a decision.
By way of derogation from Article 8:104, 1st paragraph, of the General Law governing the administrative law no appeal shall be open against a judgment of the court or of the court's provision of supply:
a. on a decision or act on the basis of Article 6, first paragraph , Article 6a, first paragraph , Chapter 4 or Chapter 5 ;
b. A visa for a stay of 90 days or less;
c. after application of Article 78 , or
d. on the award of the allowance provided for in Article 106 .
1 In addition to Article 6:5 (d) of the General Administrative Law the appeal shall contain one or more complaints against the judgment of the court or of the court's security of supply.
2 A complaint describes the part of the judgment which the applicant cannot reconcile and the grounds on which the applicant cannot join.
3 If not fulfilled by the first or second member, Article 6: 5 of the General Administrative Law Act or to any other requirement of the law for the consideration of the appeal, the appeal shall be dismissed as inadmissible. Article 6: 6 of the General Administrative Law Act does not apply if the requirements mentioned in Article 6:5, first paragraph, under c and d, or to the first member or second paragraph of this article are not met.
1 By way of derogation from Article 8:41, 5th paragraph, of the General Law governing the administrative law the period of time within which the redefinition or payment of the amount due shall take place, shall be two weeks. The Chair of the Board of Governors of the Council of State may set a shorter time limit.
2 By way of derogation from Article 8:41, 1st paragraph, of the General Law governing the administrative law shall not be subject to a Registry charge by the Secretary, if appealed against a judgment made under Section 3 of this Chapter.
3 By way of derogation from Article 8:82 of the General Administrative Law shall not be subject to a Registry charge for a request for provisional provision where appeal is lodged against a judgment made with the application of the Section 3 of this Chapter .
1 The Administrative Section of the Council of State is dealing with the appeal with the application of Section 8.2.3 of the General Administrative Law .
2 The Governing Council of the Council of State shall decide not later than twenty-three weeks after receipt of the appeal.
By way of derogation from Article 8:18, 1st paragraph, of General Law governing law a request for the objection of a single chamber member shall be treated by a single chamber in which the judge whose objection has been requested does not have a seat.
1 The Governing Council of the Council of State may, in its judgment, limit itself to an assessment of the complaints raised.
(2) If the Governing Council of the Council of State considers that an alleged complaint cannot lead to destruction, it may confine itself to that judgment when the reasons for its judgment are given.
By way of derogation from Article 8:86 of the General Administrative Law the President of the Board of Governors of the Council of State may, when ruling on a request for provisional provision, also make an immediate ruling in the main proceedings if the request is not dealt with at the hearing.
This section shall apply mutatis mutandis to the appeal against a court ruling as referred to in Article 8:104, first paragraph, point (c) of the General Administrative Law Act .
1 A designation on the basis of Article 6, first, second or third members , Article 6a , or on the basis of Article 55, first paragraph , the withdrawal and the prolongation of the opposition in Article 50, second, third and fourth members , and a following Chapter 5 of this law are measures taken to restrict freedom or to freedom of freedom for the purposes of the application of Article 8: 1 of the General Administrative Law Act is equivalent to a decision.
2 By way of derogation from Article 8:41 of the General Administrative Law The Registrar shall not be subject to a Registry charge.
1 Appearance at the latest on the 28th day following the publication of a decision to impose a measure of liberty as referred to in the Articles 6 , 6a , 58 , 59 , 59a and 59b , unless the foreigner has previously brought an appeal, inform the court of this. Once the court has received the notification, the alien is deemed to have brought an appeal against the decision to impose a custodial measure of liberty. The appeal also extends to a request for damages.
2 If a decision has been issued to the foreigner referred to in paragraph 1, as referred to in Article 3, first or sixth member , the appeal referred to in paragraph 1 shall be considered to include an appeal against that decision.
3 The second paragraph shall not apply if between the decision, Article 3, first or sixth member , and the imposition of the release of liberty more than twenty-eight days has elapsed.
4 The court shall immediately determine the time of the examination. The hearing shall take place at the latest on the 14th day after receipt of the notice of appeal or the notification. The court calls on the foreigner to appear in person or in person or to counsel and our minister to appear in an authorised representative in order to be heard. By way of derogation from Article 8:42, 2nd paragraph, of the General Law governing the administrative law the period referred to in that Article may not be extended.
5 The court shall give oral or written judgment. The written judgment shall be made within seven days of the conclusion of the investigation. By way of derogation from Article 8:66, 2nd paragraph, of the General Law on Administrative Law the period referred to in that Article may not be extended.
6 If, in the course of the action, the court considers that the application or implementation of the measure is contrary to this law, or is not justified by any interests involved, it shall declare the action well founded. In that case, the court shall recommend the removal of the measure or an amendment to its implementing rules.
7 The first, fifth and sixth paragraphs shall apply mutatis mutandis to a decision to extend a measure of liberty as referred to in Article 4 (2). Article 59, sixth paragraph . By way of derogation from Article 8:57 of the General Administrative Law the court may also decide, without the consent of the parties, that the examination shall be carried out at the hearing.
1 By way of derogation from Article 84 (a) , stands against the court ' s ruling, meant in Article 94, fifth paragraph , appealed to the Administrative Department of the Council of State.
2 Section 4 shall apply. By way of derogation from Article 84 (d) , the appeal also extends over the award of damages, which is to be awarded in the Article 106 .
3 By way of derogation from the Articles 8:41, first paragraph , and 8:82 of the General Law governing law shall not be subject to a Registry charge by the Secretary.
1 If the profession, intended to Article 94 , being rejected as unfounded and calling on the alien to appeal against the continuation of the freedom of liberty, the court shall close the preliminary examination within one week of the receipt of the appeal. By way of derogation from Article 8:57 of the General Administrative Law the court may also decide, without the consent of the parties, that the examination shall be carried out at the hearing.
2 The court shall give oral or written judgment. The written judgment shall be made within seven days of the conclusion of the investigation. By way of derogation from Article 8:66, 2nd paragraph, of the General Law on Administrative Law the period referred to in that Article may not be extended.
3 If, on the appeal, the court considers that the application or implementation of the measure is contrary to this law, or any consideration of any interests concerned is not justified, it shall declare that it is not justified. Appeal. In that case, the court shall recommend the removal of the measure or an amendment to its implementing rules.
Detailed rules may be laid down in the context of, or under general management of the administration, as regards the manner of hearing of the foreigner.
1 By way of derogation from Article 8:24 of the General Law governing the administrative law the stranger can join the hearing because of the Articles 94 and 96 assisted solely by one or more of his advisers.
2 The counsellor shall be informed of the opportunity to make the necessary observations.
3 As a counsellor, only a lawyer registered in the Netherlands and the person referred to in the Article 16b or 16h of the AdvocateAct if it interacts with a lawyer registered in the Netherlands, in accordance with the provisions of the Article 16th Respectively 16j of the AdvocateAct . Counselor is also understood as the legal aid provider employed by the Legal Aid Foundation Asylum which possesses relevant training and experience in respect of measures of liberty, and
a. To whom through a university or the Open University as intended in the Law on higher education and scientific research the degree Bachelor in the field of law and also the degree Master in the field of entitlement has been granted, or
b. Those at a university or the Open University as intended in the Law on higher education and scientific research the doctorate in law or the right to have the title master has obtained.
1 The foreigner is always empowered to choose one or more counsel.
2 To that end, his legal representative or his special representative shall also be empowered to do so.
3 The foreigner shall not appear to have such a presence and he shall not have a legal representative or a special agent, or his spouse or the most sheath of his blood or relatives to be landed here, until the fourth degree enclosed, until that choice has jurisdiction. A court may, of its own motion, add one or more advisers if the persons referred to in the preceding sentence are not considered to be able to make the choice within a reasonable period.
4 Counselor elected under the second or third paragraph shall resign as soon as the alien has himself elected a counsellor.
1 At the request of the foreigner, a counsellor shall be added to him as soon as he has been deprived of his freedom under this law. Article 99, third paragraph , shall apply mutatis mutandis.
2 Competent to issue a charge to add to the board of the Board of Legal Aid is the court's provision judge in the jurisdiction of which the alien is located. In the case of appeal lodged on the basis of Article 95 , the Chairman of the Board-General of the Council of State has the power to issue the burden of adding to the board of the Board of Legal Aid.
3 In so far as the law does not provide otherwise in the addition, the board of directors of the Board of Legal Aid to the foreigner may, at the latter's request, add a counsellor.
4 A request made in accordance with paragraph 1 shall be accepted in cases where the foreigner is unable to bear the costs of an elected adviser and, moreover, in the opinion of that office, is sufficient to Land for addition exists.
1 If necessary, another counsellor shall be added to the foreigner, if necessary, in the event of the inability or absence of any additional counsel.
2 At the request of the added counsel or of the foreigner, any other counsel may be added.
3 Addition of any other counsellor shall be made by the office specified in the Article 100, second or third paragraph .
4 Shows of the inability or absence of counsel only during hearing following the hearing. Articles 94 and 96 , then gives the chairman of the chamber charge to add another counsellor to the office intended in Article 100, second or third paragraph .
A general measure of directors shall provide for the remuneration of additional advisers, including lawyers who shall, in accordance with Article 101 acting as counsel, and the compensation of their expenses.
If our Minister considers this desirable, he may pay the reward and remuneration of an addition under the Articles 100 or 101 stories on the goods of the stranger. With regard to the method of redress and the calculation of the sums to be published, rules shall be laid down in the case of a general measure of management.
Counsel shall have free access to the alien. He can only speak to him and exchange letters with him without knowledge of the content being taken by others, under the required supervision and in compliance with rules laid down pursuant to this Act with regard to space requirements. where the alien is located, there shall be a regime in place.
With regard to the notification of judicial notices pursuant to the Articles 94 to 101 are the Articles 585 to 590 of the Code of Criminal Procedure applicable mutatis mutandis.
1 If the court orders the lifting of a measure to deprive the freedom of liberty or restriction or the release of liberty or restriction is lifted for the examination of the request for the removal of that measure, it may grant the foreigner a fee to be charged to the State. Damage is understood to be the disadvantage that does not exist in property damage. The Articles 90 and 93 of the Code of Criminal Procedure shall be applicable mutatis mutandis. If, after the lodging of his request, the alien has died, the grant shall be granted for the benefit of his heirs.
2 The first paragraph shall apply mutatis mutandis if the Administrative Section of the Council of State recommends the removal of the measure for the taking-up of freedom of freedom or restriction.
1 To the extent that, on the basis of the European regulations relating to biometric data, Article 1 (x) , no visual recording or fingerprints can be taken and processed, a stranger may be taken from a stranger a facial and ten fingerprints and processed for determining identity for the purpose of performing this Law. The facial image and fingerprints are compared to the facial names and fingerprints in the aliens ' records.
2 For verifying the authenticity of the document, intended in Article 9 , whether the verification of the identity of a foreigner may be subject to fingerprints, to the extent that this is not possible under the European regulations related to biometric data, for the purposes of implementing this law. decreased. One or two of these fingerprints will be used, and if no result is returned, more fingerprints are used for comparison with the fingerprints on the document or in the aliens ' records.
3 To the reduction and processing of a visual recording and fingerprinting for the purposes of the objectives set out in paragraphs 1 and 2 above, only the Minister responsible, the officials responsible for the border control, shall be responsible for the task of the officials responsible for carrying out the supervision of aliens and our Minister for Foreign Affairs as far as establishing or authenticating the identity.
4 The first paragraph shall not apply to:
a. Community nationals; and
b. The alien belonging to a category designated by a general measure.
5 In the case of, or under general management, detailed rules shall be laid down on:
a. Method of taking and processing of the facial names and fingerprints referred to in the first and second paragraphs; and
b. the measures that may be taken in the event no fingerprints of the foreigner can be obtained.
1 There is a aliens administration, which is administered by Our Minister. The Aliens Administration shall contain:
a. The facial names and fingerprints, specified in Article 106a, first paragraph ;
b. Other persons and reproaches of aliens identified and registered in accordance with a procedure established by Our Minister;
c. other data, including personal data, which are relevant to the implementation of this law and the Dutch law on the Dutch landscape .
2 The aliens ' administration is designed to process:
a. The data referred to in paragraph 1 (a) for the implementation of this Act; Dutch law on the Dutch landscape and the regulation based thereon;
b. the information referred to in points (b) and (c) of paragraph 1, in so far as is necessary for:
1 °, providing for the verification, verification and referral of the identification and disposal of aliens;
2 °. the implementation of this Law, the Dutch law on the Dutch landscape and other statutory provisions to be adopted under the regulation of our Minister;
3 °. the evaluation of existing policies and the preparation of new policies.
3 A unique foreign number is assigned to a foreigner in the Aliens Administration.
4 The aliens administration, with the exception of facial names and fingerprints referred to in paragraph 1, shall be responsible for administrative bodies providing information and information which they need for the performance of their tasks, including in the case of information and information. any case of residence status of the foreigner and, in the case of a combined licence, the information on which the assessment of compliance with the conditions of assessment can be carried out Foreigners law .
5 Without prejudice to the objective referred to in point (a) of the second paragraph, and in addition to the provisions of or pursuant to Article 107a , information referred to in paragraph 1 (a) may be made available only in order to:
(a) the provision of a travel document by a diplomatic representation for the benefit of return;
b. The identification of victims of disasters and accidents;
(c) the detection and prosecution of criminal offences;
d. application of Article 55c of the Code of Criminal Procedure , and
e. the implementation of the Act on the intelligence and security services 2002 .
6 The provision of information relating to the fingerprints of the alien from the aliens ' administration in the cases referred to in paragraph 5 (c) for the purposes of the investigation and prosecution of criminal offences shall be carried out only in the case of a criminal offence for which a provisional detention was granted and following written authorisation by the Judge Commissioner for the prosecution of the Prosecutor:
a. If there is a reasonable suspicion that the suspect is a foreigner; or
(b) in the interests of the investigation and investigation of a dead end, or a rapid outcome in the clarification of the offence.
7 Governing Bodies are empowered on their own initiative and, on request, are obliged to provide our Minister with the information and intelligence required by our Minister for the implementation of this Law and for the implementation of the Law on the Netherlands. These governing bodies may use the aliens number, the civil service number, as referred to in Article 4 (1). Article 1 (b) of the general provisions Act civil service number , and from other numbers designated by our Minister.
8 The data provision referred to in paragraphs 4 to 7 shall not be carried out if the personal life of the person concerned is thereby disproportionately damaged.
9 In the case of, or under a general measure of administration, rules may be laid down concerning:
a. the information to be recorded in the Aliens Administration, the recording of such data and the transmission of such data;
b. the destruction of data recorded in the aliens records, where facial sopps and fingerprints are never to be kept for more than 10 years after the application for the grant of a temporary stay is rejected, or, in the case of lawful residence, the concerned foreigner whose lawful residence has expired, has demonstrably left the Netherlands, or, if an entry ban has been issued against the foreigner or the foreigner is undesired declared, 10 years after the expiry of the period of validity of the entry ban other than the undesirous statement, and this information shall in any case be destroyed as soon as our Minister is aware that the person concerned is no longer a member of the category of aliens from which they may be taken from;
c. the cases, in which and the manner in which data and intelligence is to be provided, and
d. cases in which the provision of information and information is not made free of charge.
10 For the purposes of the fourth and seventh paragraphs, the institutions and competent bodies of schools and institutions financed from public funds shall be used as the governing bodies of the institutions and the competent authorities of the public purse for the purposes of the fourth and seventh members.
11 With regard to the Aliens Administration, our Minister is the responsible person in the sense of Article 1 (d) of the Personal Data Protection Act .
1 Special personal data referred to in Article 16 of the Personal Data Protection Act In so far as such data are necessary for the effective and effective implementation of visa granting, border surveillance, admission, residence and expulsion of aliens and the supervision of aliens, such data may be processed; of this law, or the Schengen Borders Code.
2 The data referred to in paragraph 1 shall be processed by or on behalf of Our Minister and the in Articles 46 to 48 designated officials. They may be processed by third parties, to the extent that they are involved in the implementation of this law or the Schengen Borders Code and must necessarily obtain the decision on that data for that purpose.
3 The regulation of our Minister lays down rules for the protection of privacy. In any case, the following shall be regulated:
(a) the method of processing, referred to in paragraph 1;
b. by any means, by appropriate technical and organisational measures, that these data are protected against loss or unlawful processing;
c. which data, to which persons or bodies, for what purpose and in what manner can be provided;
d. to ensure that processed personal data are processed only for the purpose for which they were collected or to the extent that the processing is compatible with that purpose, and how appropriate it is ensured.
1 In custody of a maximum of six months or a fine of the second category, it shall be subject to penalties to be laid down by ministerial rules established by, or pursuant to, the Schengen Borders Code, infringement of a prescription, fixed at or under the articles 2t, second and third members , 5, first and second members , 24a, second and third members , 46, second paragraph, introductory wording, and (b) , as well as act in violation of Article 56, first paragraph , or act in violation of an obligation imposed on or under the Articles 2a, second paragraph b , 6, first or third member , 6a, 1st Member , 54 , 55 , 57, 1st Member , 58, 1st Member , or 65, third member .
2 Infringement of a prescription, determined by or under Article 4, first to third paragraphs , shall be punished with custody of a maximum of six months or a fine of the fourth category.
3 The offences referred to in paragraphs 1 and 2 shall be regarded as offences.
4 With the detection of offences which are punishable in paragraphs 1 and 2, without prejudice to: Article 141 of the Code of Criminal Procedure , in charge of the civil servants in charge of the border control and staff responsible for the classification of foreign languages. These officials are also responsible for the detection of the facts, punishable in the Articles 179 to 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to a designation, claim or act, or taken, or taken by themselves.
5 By way of derogation from the first paragraph, act in violation of an obligation imposed on or under Article 54, first paragraph, b, e or g (ii) punished by a fine of the second category, if the fact is committed by a Community national. The third paragraph and the first sentence of the fourth paragraph shall apply mutatis mutandis.
6 The first paragraph shall apply mutatis mutandis to the foreigner residing in the Netherlands, when he knows or has serious reason to suspect that an entry ban has been issued against him, if the entry ban is otherwise given then with application of Article 66a, seventh paragraph . The third paragraph and the first sentence of the fourth paragraph shall also apply mutatis mutandis.
1 In the case of a general measure of administration, in order to implement a Treaty, EU regulation, regulation or decision, which is binding on the Netherlands, provisions of this Act may be fully or partially excluded if, in the case of: The Council of Ministers is required to implement, within 12 months, the Convention or the Decision, and to this end, it must be brought into conformity with the Treaty or the Decision.
2 The nomination for a general measure of directors to be adopted under the first paragraph shall not be made earlier than four weeks after the draft has been submitted to the two Chambers of the States.
3 Our Minister promotes that as soon as possible after the adoption of a general measure of administration adopted under the first paragraph, a proposal of law to the States General shall seek to comply with the law. of the Treaty or Decision referred to in the first paragraph. If the proposal is withdrawn or if one of the two Chambers of the States-General decides not to adopt the proposal, the general measure of administration shall be terminated forthwith. If the proposal is raised to law, the general measure of management shall lapse at the time of the entry into force of that Act.
4 In order to implement a Treaty, EU regulation, directive or decision on the basis of which border controls are carried out at external borders, the Article 5, second paragraph , 54, first paragraph, introductory wording and points (a) and (e) , 56, second paragraph , 59, third member , and 66a, fourth member 'The Netherlands' means the areas where that Convention, that Regulation, or Decision is applicable.
5 In order to implement a Treaty, EU Regulation, Directive or Decision, referred to in paragraph 4, shall be implemented in accordance with Article 3, first paragraph , and Article 12, first paragraph 'Public policy' and 'national security' shall always include public policy in the national security of other Member States of that Convention.
1 Without prejudice to Articles 7, first paragraph , and 8, first paragraph, of the Coordination Act of Exceptions in the event of exceptional circumstances, may, by royal decree, upon the nomination of our Minister-President, Article 111 are put into operation.
2 Where the decision referred to in paragraph 1 has been taken, a proposal for a law shall be forwarded to the Second Chamber forthwith, on the continuation of the operation of the provision in force for that decision.
If the proposal is rejected by the States-General, the provision which has been brought into force under paragraph 1 shall be without delay by the Royal Decree of the President of the Minister of the European Union, upon the proposal of our Minister.
4 By royal decree, upon the nomination of our Prime Minister, the provision which has been brought into force under paragraph 1 shall be excluded as soon as the circumstances permit it to be taken into account.
5 The decision referred to in the first, third and fourth paragraphs shall be published in accordance with the procedures to be laid down. It shall enter into force immediately after the publication.
6 The decision, referred to in the first, third and fourth paragraphs, shall be placed in each case in the Official Journal.
This part has not (yet) entered into force; see the summary of changes
In the case of, or by virtue of a general measure of administration, rules for the lawful residence of aliens may, pursuant to a Treaty or a decision of an international law governing the Netherlands, be subject to the rules of law governing the courts, To derogate from this law in favour of these aliens.
A foreigner to whom the residence permit as referred to in Article 28 or Article 33 has been granted the same treatment as a Dutchman, as regards law, including legal aid and exemption from the regulation (o judicatum solvi).
1 The power of our Minister to be held on the grounds of Article 106a to take and process a foreigner ' s facial recognition and fingerprints expires seven years after the date of entry into force of the Law of 11 December 2013 amending the Aliens Act 2000 related to the extension of biometric identifiers in the alien chain in connection with improving the identity determination of the foreigner (Stb. 2014, 2).
2 Data contained in the Aliens Administration, referred to in Article 107, first paragraph, part a , shall be seven years after the entry into force of the entry into force of the first paragraph of Law of 11 December 2013 Destroyed.
3 Our Minister promotes that no later than three months after the time referred to in the first and second paragraphs, a proposal of law to the Second Chamber of the States-General shall be submitted, with the amendments made by this Law by Article I, Parts A, D and E, of the Law of 11 December 2013 referred to in paragraph 1 , undone.
This law is cited as: Aliens Law 2000.
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.
Given in Gravenhage, 23 November 2000
Beatrix
The Minister of Justice,
A. H. Korthals
The Secretary of State for Justice,
M. J. Cohen
Published the seventh December 2000The Minister of Justice,
A. H. Korthals
