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Decision of 24 July 2010 amending the Aliens Decision 2000 and some other decisions relating to the strengthening of the position of the referent in the mainstream aliens 'law and the acceleration of the aliens' law procedure for the implementation of Council Directive 2009 /50/EC of 25 May 2009 on the conditions for entry and residence of third-country nationals for the purpose of highly qualified employment (PbEU L 155), in relation to the public order and some other topics (Decision modern migration policy)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Justice of 15 April 2010, No 5649364/10/6
Having regard to the Articles 2a, second paragraph , 2b, third member , 2h , 3, second paragraph , 8, point (f) , 12, second paragraph , 14, third and fourth members , 16, second paragraph , 16a, second member , 17, second paragraph, point (g) , 18, second paragraph , 21, second paragraph , 22, third member , 23 , 24, 1st Member , 28, second paragraph , 48, fourth member , 52, 1st Member , 54, first and second members , 56 , 66 , 68, third member , and 107, seventh paragraph, of the Aliens Act 2000 , Article 3, first paragraph, point (c) of the Law on nonnationals , 18, first paragraph, of the Law Data Information Act , 8, first paragraph, of the Judicial and Criminal Justice Act , 2.2, first paragraph, point (c) of the Student Finance Act 2000 , 2.2, first paragraph, point (c) of the Act of Concession Education Contribution and School Costs , 3, third member, of the Act of Incivil , and 3 of the Law on Youth ;
The Council of State heard (opinion of 18 June 2010, no. W03.10.0135/II);
Having regard to the further report of our Minister of Justice of 6 July 2010, No 5660242/10/6
Have found good and understand:
1 At the time when the Modern migration policy law enters into force, is referred to by the holder of a residence permit as referred to in Article 14 of the Act with a restriction related to:
a. family reunion or family reunions, stay for adoption or as a foster child, awaiting examination of eligibility of prospective adoptive parents, intended in Article 11 of the Law integrating foreign children for adoption , or family visit: the main person to whom the foreigner resides as a family or family member;
b. the provision of paid employment, the provision of work as a spiritual pastor or a religious teacher, residence as a knowledge-migrant, an intern or a practitioner; the employer of the foreigner;
c. stay as a researcher within the meaning of Directive 2005 /71/EC : the research institution;
d. pursuing study or preparation for study: the educational institution to which the foreigner is enrolled;
e. stay as an au pair: the host family in which the foreigner is resident as au pair;
f. residence in the framework of exchange: the person or organisation which has signed a guarantee certificate for the benefit of the exchange younger generation.
2 The rules of our Minister may lay down detailed rules on the application of the first paragraph.
1 At the time of the entry into force of the Modern migration policy law Valid residence permit granted under a restriction as specified in column A shall be deemed to be a residence permit from that time, granted under a restriction as specified in column B:
A
B
| Family reunification or family constitution |
Family or Family Member |
| Stay for adoption |
Family or Family Member |
| Stay as a foster child |
Family or Family Member |
| Awaiting examination of the suitability of the prospective adoptive parents as provided for in Article 11 of the Law on foreign children for adoption |
Family or Family Member |
| The performance of work as a spiritual predecessor or a religious teacher |
Paid employment |
| Stay as a trainee or an active person |
Learning work |
| The following of study |
Study |
| Preparation for study |
Study |
| Stay as an economically inactive long-term resident |
Stay as an economically inactive long-term resident or weary foreigner |
| Stay as an au pair |
Exchange |
| Residence in the framework of exchange |
Exchange |
| Persecution of trafficking in human beings |
Temporary humanitarian grounds |
| Stay as a foreigner who cannot leave the Netherlands outside of his debt |
Temporary humanitarian grounds |
| Continued Stay |
Non-temporary humanitarian grounds |
| Re-admission |
Non-temporary humanitarian grounds |
2 For the purposes of the application of the provisions of column A, the residence permit shall be restricted in relation to the purpose of residence in column B, the residence permit granted for entry into force of this Decision in the form of a residence permit issued for the purpose of the residence permit. Restriction linked to the purpose of residence in column C:
A
B
C
| Article 3.39 | Learning work |
stay as a stagaire; stay as a practical experience |
| Article 3.43, first paragraph, point (c) | Exchange |
stay as an au pair; stay in the framework of exchange |
| Article 3.50, first paragraph, point (a) ; Article 3.51, first paragraph, point (a) (1 °), and (c) ; Article 3.86, thirteenth paragraph ; Article 3.90, first paragraph |
Family or Family Member |
stay in the context of family reunification or family reunification; stay for adoption; stay as a foster child; stay pending examination of the suitability of the prospective adoptive parents, referred to in Article 11 of the Law, to include foreign children for adoption |
| Article 3.51, first paragraph, point (a), below 3 ° | Temporary humanitarian grounds |
stay as a single minor, stranger; stay as a foreigner who cannot leave the Netherlands outside of his debt |
3 Our Minister may lay down detailed rules on residence permits, granted under another restriction as referred to in Article 3.4, third paragraph .
The residence permit for some time, intended in Article 14 of the Aliens Act 2000 , is not revoked with application of Article 18, first paragraph, point (h) of that Act , if it has been granted before the entry into force of the Modern migration policy law .
The in Article XII, 2nd paragraph, of the Modern Migration Policy Act date shall be 1 July 2010.
1 The parts MMM and WWW, Subpart 3, of Article I of this Decision shall not apply in respect of the alien whose residence on the basis of the duty applicable before the date of entry into force of this Decision could not be terminated, unless that foreigner was not, on account of its entry into force, those parts of this Decision which have been subject to a sentence of imprisonment of two years or more in the form of a judgment rendered against an irrevocable judgment, or to him on a criminal offence at final disposal. A task penalty has been imposed.
2 The rules of our Minister may lay down detailed rules on the introduction of the Modern migration policy law and this decision.
The articles of this Decision shall enter into force on a date to be determined by Royal Decree which may be different for the various articles and components thereof and for the different residence objectives, with the exception of: Article I, parts C, subpart 1, E, G, subpart 1, N, BBB, subpart 2, CCC, GGG, subpart 2, HHH, MMM, UUU, Subpart 2, WWW, subparts 1 and 3, XXX, FFFF, Subpart 1, YYJJ, NNNN, subpart 7, PPPP, HHUDU, yyyy, subpart 1, BBBBB and FFFFF , and Article XIII, first paragraph , which enter into force from the day following the date of issue of the Official Gazette, in which this Decision is issued.
This decision is cited as: Decision modern migration policy.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 24 July 2010
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
Issued the thirtieth of July 2010The Minister of Justice,
E. M. H. Hirsch Ballin
