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Aliens decision 2000

Original Language Title: Vreemdelingenbesluit 2000

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Decision of 23 November 2000 implementing the Aliens Act 2000 (Aliens Decision 2000)

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

On the proposal of the Secretary of State for Justice of 18 August 2000, No 5077321/00/6;

Having regard to the Article 2, fourth paragraph, point (b), fifth and sixth paragraphs , 3, first paragraph, point (d) and (second) , 4, third member , 8, under f and g , 10, 1st Member , 11, first and third members , 12, first and second members , 14, second and third members , 15 , 16, second paragraph , 17, first paragraph, point (g) , 18, second paragraph , 21, 6th paragraph , 22, second paragraph , 24, 1st Member , 28, second paragraph , 29, second paragraph , 31, third member , 32, second paragraph , 35, second paragraph , 37 , 39, third member , 46, second paragraph , 48, fourth member , 50, first and sixth member , 51, third member , 52, 1st Member , 54, 1st Member , 56, 1st Member , 60 , 66 , 68, third member , 69, second member , 71, second paragraph , 82, second paragraph, point (a) , 97 , 102 , 103 , 107, fourth member , 109, 1st Member , 111 and 112, of the Aliens Act 2000 ;

The Council of State heard (opinion delivered on 26 October 2000, No W03.00.0379/I);

Having regard to the further report of the Secretary of State for Justice of 21 November 2000, No 5059940 /00/DVB

Have been well-found and understood;

Chapter 1. Introductory provisions

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Section 1. Definition provisions

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Article 1.1

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For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:

  • Benelux region: the territory of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, in Europe;

  • Benelux nationals: nationals of the States party to the Treaty establishing the Benelux Economic Union (Trb), established on 3 February 1958 in The Hague. 1958, 18);

  • Continental shelf: what is meant by Article 1 (c) of the Mining Act ;

  • cruise ship: what is understood by the Schengen Borders Code;

  • the Law: the Aliens Act 2000 ;

  • European Blue Card: the residence permit shall be issued for a specified period, issued in implementation of Article 7 of the Directive 2009 /50/EC , or a residence permit issued by another State party to the Treaty on the Functioning of the European Union, in implementation of that Article;

  • EU residence permit for long-term residents: EU residence permit for long-term residents referred to in Article 45a of the Act ;

  • family reunification: family reunion of the spouse, registered partner or non-registered partner, in so far as the family link has been established at a time when the main person in the Netherlands had a head residence;

  • aircraft: which is understood to be Article 1, first paragraph, point (b), of the Air Transport Act ;

  • Mining installation: Article 1, part o, of the Mining Act ;

  • Long-term residents: 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 persons enjoying international protection (PbEU 2011, L 132);

  • Directive 2005 /71/EC : Directive 2005 /71/EC of the Council of 12 October 2005 on a specific procedure for the admission of third-country nationals for the purpose of scientific research (PbEU L 289);

  • Directive 2009 /50/EC : Directive 2009 /50/EC the Council 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);

  • Schengen Information System: the first paragraph of Article 1 of Regulation (EC) No 324/EC Decision of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen system (SIS II) (PbEU 2006, L 381);

  • Schengen Convention: the Convention established on 19 June 1990 in Schengen for the implementation of the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on 14 June 1985 Schengen Agreement on the gradual abolition of checks at the common borders (Trb. 1990, 145) and the Protocols based thereon;

  • Schengen area: the territories of the States to which the Schengen Borders Code and the Schengen Convention apply;

  • ship: what is meant by Article 1, first paragraph, point (b) of the Shipping Traffic Act ;

  • Stateless person: the person who, for the purposes of the Convention on the Status of Stateless Persons (Trb), concluded on 28 September 1954 in New York 1955, 42 and 1957, 22) is a stateless person;

  • employment permit: the permit, intended in Article 1, point (e) of the Law on foreigners ;

  • residence permit asylum for certain time: residence permit, intended Article 28 of the Act ;

  • residence permit asylum for an indefinite period: residence permit, intended Article 33 of the Act ;

  • residence permit or residence permit: the residence permit, which is intended to be issued in accordance with Article 14 of the Act ;

  • residence permit for an indefinite period: residence permit, intended Article 20 of the Act ;

  • aeroplane: what is meant by Article 1, first paragraph, point (c), of the Air Transport Act ;

  • Aliens ' administration: the Aliens Administration, intended to Article 107 of the Act .

  • Sea chip: which is understood to be Article 1, second paragraph, point (c) of the Maritime Traffic Act ;


Article 1.2

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For the purpose of this Decision:

  • a. Travel visa: the visa provided for in Article 2 (2) (a) of the Regulation No 810 /2009/EC of the European Parliament and of the Council of 13 July 2009 establishing a Common Visa Code (Visa Code) (PbEU, L 243);

  • b. transit visa: the visa provided for in Article 2 (2) (b) of the Visa Code.


Article 1.3

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In order to implement a Treaty or an EU Regulation, a directive or a decision on the basis of which border controls are carried out at the external borders of the Schengen area, it shall be Chapter 4, Section 1 , as well as in the Articles 4.24 and 4.25 , Article 4.29, first paragraph, point (g) , Article 4.35a , Article 4.52a, first paragraph , Article 4.52b, first paragraph , Article 6.5a, fourth paragraph, point (d) , and Article 6 (b), first and second paragraphs 'The Netherlands' means the territories of other States belonging to the Schengen area.


Article 1.4

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  • 1 Our Minister may mandate from his powers to the Mayor, Mr Korpschef and the Commander of the Royal Marechaussee.

  • 2 The Mayor, Mr De Korpschef and the Commander of the Royal Marechaussee may grant submandate to the officials of the Royal Marechaussee, to the extent that it conforms to the task and function of the official concerned.


Section 2. The Advisory Committee on Aliens

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Paragraph 1. Designation decisions requiring advice to be required

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Article 1.5 [ Expired by 29-04-2006]

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Section 2. Indirection and operation

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Article 1.6

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The Commission may lay down detailed rules for its operation in accordance with the rules of procedure laid down in Article 21 of the Framework Law Advisory Colleges .


Article 1.7

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  • 1 The committee shall state in writing and with the reasons for its decision.

  • 2 The opinions shall indicate the names of the persons who have been present for the meeting. They shall also indicate the amount of the voting relationship they have been fixed.

  • 3 The opinion shall be signed by the Chairman and the Secretary.


Section 3. The referent

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Paragraph 1. General

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Article 1.8

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For the purposes of the residence of a foreigner who resides in or wants to stay in the Netherlands as a family or family member, the main person to whom the foreigner stays or wishes to stay as a family or member of the family may act as a reference.


Article 1.9

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  • 1 For the purpose of residence of a foreigner who resides or wants to stay in the Netherlands for the purpose of employment as a knowledge migrant, the referring court may act as a reference Article 2c of the Act as a referent, employer, with whom the foreigner has concluded an employment contract or a guest contract or who has appointed the foreigner and who, to the extent that on the basis of the Commercial Registry Act 2007 must be entered in the commercial register provided for in Article 2 of that Act .

  • 2 For the purpose of the residence of a foreigner, who resides or wants to stay in the Netherlands as a holder of the European Blue Card, the employer may act as a reference, with whom the foreigner has an employment contract or a guest contract. closed or who has appointed the foreigner.


Article 1.10

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For the purposes of the stay of a foreigner who resides or wishes to stay in the Netherlands for the purpose of carrying out seasonal or paid employment, the employer may, as far as it is concerned, be the employer. Commercial Registry Act 2007 must be entered in the commercial register provided for in Article 2 of that Act , and they are:

  • a. The foreigner has entered into an employment contract or who has engaged the foreigner, or, if there is no employment contract or appointment,

  • b. has been placed in the possession of an employment permit or an employment permit for the purpose of that employment, or, if an employment permit is not required,

  • c. actually employs the foreigner.


Article 1.11

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For the purposes of the residence of a foreigner who is or will be resident in the Netherlands for the purpose of carrying out scientific research within the meaning of Directive 2005 /71/EC, the reference to that residence may be the Article 2c of the Act as a reference research institution, with which the foreigner has concluded a guest agreement as referred to in Article 6 of Directive 2005 /71/EC, which, if on the basis of the Commercial Registry Act 2007 must be entered in the commercial register provided for in Article 2 of that Act , and they are:


Article 1.12

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For the purposes of the residence of a foreigner who resides or wants to stay in the Netherlands for learning purposes, the employer may, as far as he is concerned, act as a reference. Commercial Registry Act 2007 must be entered in the commercial register provided for in Article 2 of that Act , and with whom the stranger has entered into a teaching work agreement.


Article 1.13

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For the purposes of the stay of a foreigner who resides or wants to stay in the Netherlands for study, as a referent, the Article 2c of the Act as a referent recognised educational establishment, to which the foreigner is pursuing or wants to follow education which, as far as the Commercial Registry Act 2007 must be entered in the commercial register provided for in Article 2 of that Act , and they are:


Article 1.14

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For the purposes of the residence of a foreigner who resides or wishes to stay in the Netherlands for the purposes of exchange, the reference may be the Article 2c of the Act exchange organisation recognised as a referent, which:


Article 1.15

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Without prejudice to Articles 1.8 to 1.14 a religious or philosophical organization can act only as a referent if, in so far as it is based on the Commercial Registry Act 2007 is required, is entered in the Commercial Register, referred to in Article 2 of that Act , and its solvency, continuity and reliability is sufficient to ensure that it is maintained.


Article 1.16

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  • 2 The referent of a foreigner who resides in or wants to stay in the Netherlands in the context of exchange, for labour as a knowledge migrant or for study, carries out a careful selection and recruitment of the foreigner.

  • 3 In the case of ministerial arrangements, detailed rules may be laid down on the preceding paragraphs.


Article 1.17

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In the case of ministerial arrangements, detailed rules may be laid down on this paragraph. In any case:

  • a. to be provided in order to further concretize the duty of care, specified in Article 1.16 ;

  • b. be determined in which cases the referent must have legal personality; and

  • c. be provided for detailed rules on termination of the referrship.


Paragraph 2. Recognition as referent

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Article 1.18

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  • 1 For the purpose of assessing the application for recognition as a reference, in any case, information shall be taken from the commercial register referred to in: Article 2 of the Commercial Registry Act 2007 , concerned with regard to the continuity and solvency of the applicant.

  • 2 The application for recognition as a referent may in any case be rejected if the applicant has been declared bankrupt or has been granted payment of payment.


Article 1.19

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  • 2 When assessing the reliability of the applicant, it is also involved that it has supplied inaccurate data or has withheld data while that data is the rejection of an earlier application until it is granted, prolongation or have changed or would have led a visa or a residence permit from a foreigner for whom he acted as a referent.


Article 1.20

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As referent of a foreigner residing or wanting to stay in the Netherlands for study of higher education, only the higher education institution affiliated to the Code of Conduct International Student Higher Education can be recognized.


Article 1.21

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The referent of a foreigner residing in or wanting to stay in the Netherlands as a family or family member is not recognised as such.


Article 1.22

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Rules governing the recognition as a reference, suspension and withdrawal of such recognition and the lodging and handling of the application may be subject to a ministerial arrangement. In so doing, it shall in any event lay down detailed rules on:

  • a. the continuity and solvency of the applicant; and

  • b. the criminal and administrative antecedents involved in the assessment of the reliability of the applicant.

Chapter 1a. Visas

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ยง 1. General provisions

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Article 1.23

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  • 1 The importance of international relations is, in any case, involved in a decision on the authorisation of provisional stay, if the application for the granting of the authorisation for the temporary stay has been made by or for the benefit of a foreigner:

    • (a) who are subject, directly or indirectly, by virtue of a treaty or a binding act of an international organisation to sanctions;

    • b. The Schengen Information System has been issued for the purpose of refusing entry in case of failure to reach agreement on the lifting of the alert in the case of the Member State that issued the alert;

    • c. to participate in peace talks to be carried out in the Netherlands;

    • d. belonging to the senior administrative staff of a foreign power;

    • e. with a view to the functioning of an international body which has a seat in the Netherlands.

  • 2 In paragraph 1 (b), the term 'Member State' means: State to which the scope of a visa granted by Our Minister extends under a Treaty, EU Regulation, directive or decision which is binding on the Netherlands.


ยง 2. Procedural provisions

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Article 1.24

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  • 1 The application for the grant or amendment of an authorisation until provisional stay or a return visa is made by lodging a form, the model of which shall be established by Our Minister.

  • 2 The application for the grant or amendment of a return visa shall be submitted at a place to be indicated by Our Minister.


Article 1.25

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If the foreigner, pending the decision making on an earlier application for the granting of a provisional stay, wishes to change the requested residence, he shall submit a new application.


Article 1.26

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  • 1 The foreigner shall submit to the application submitted in person, Article 1.24, first paragraph , in any case, on a valid border crossing document and, as far as reasonably practicable, on the basis of the information and documentation on the basis of which the conditions for granting or amending it can be determined.

  • 2 In the case of an application not made in person by the reference, he shall record copies of the particulars and documents referred to in paragraph 1 and, if appropriate, shall transfer the originals, if appropriate, to the Secretary of State.

  • 3 By way of derogation from the first paragraph, the foreigner who does not have a valid document for crossing the border shall, as far as reasonably possible, submit information and documents demonstrating that he is the government of the country. which he is a national of which he or she is not or is no longer able to be placed in possession of a valid document for crossing the border. In that case, he shall also provide additional information or documents concerning his identity and nationality.


Article 1.27

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The application, for the purpose of Article 1.24, first paragraph , under the law of the law at the time of receipt of the application, unless the Act results otherwise or the law applicable at the time at which the decision is made is more favourable to the foreigner.


Article 1.28

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A return visa is not denied on the in Article 2x, first paragraph, point (a) of the Law Referred to as:

  • a. The foreigner who, in the opinion of Our Minister, has shown that he has to travel for business purposes or leave the Netherlands temporarily because of compelling or urgent family circumstances;

  • b. The alien born here, intended to be born in Article 3.23, first paragraph , for the purposes of which an application is made to grant a residence permit for a certain period of time where both parents have legitimate residence within the meaning of the Article 8 (a) to (e) or (l) of the Act or as a Dutchman;

  • c. the foreigner who has received a positive decision on his application for granting, prolonging the period of validity or changing a residence permit, but is still pending issue of the corresponding residence document;

  • d. the foreigner who is awaiting the decision on an application to change or extend the validity of the residence permit for certain time if the application is timely or in the opinion of Our Minister within the period a reasonable period of time as referred to in Article 3.82, first paragraph Has been received.


ยง 3. Obligations under supervision

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Article 1.29

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  • 1 The foreigner or referent intended, pending decision making on the application, Article 1.24, first paragraph , changes to address, place of residence or residence shall notify the change immediately to the body where the application was submitted.

  • 2 The obligation laid down in paragraph 1 shall rest with regard to children below the age of 12 years to the legal representative. For children of 12 years and over, these obligations may also be fulfilled by the legal representative.


Article 1.30

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  • 1 The foreigner who no longer satisfies the restriction under which the provisional stay has been granted after entry into the Netherlands or a requirement attached to the authorisation shall inform our Minister within four weeks.

  • 2 The foreigner whose valid document for crossing the border or the right to provisionally stay after entry in the Netherlands has been lost or has become unsound for identification, shall do so immediately in person The declaration to the basket case. The chief of staff will inform our Minister.


Article 1.31

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The cooperation referred to in Article 54, first paragraph, point (c) of the Law for the purposes of this Chapter, it shall be composed of:

  • a. The claim of Our Minister is made available of a well-looking passport;

  • b. having to photograph themselves and have fingerprints taken.


ยง 4. Other provisions

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Article 1.32

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Rules governing the lodging and processing of an application for the grant or amendment of an authorisation to provisionally stay or a return visa may be laid down in a ministerial arrangement, including the procedure for granting or amending the procedure for granting or amending the said procedure. to which decisions, notifications, communications or notices are published pursuant to this Chapter to the foreigner or to the referent.

Chapter 2. Access

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Section 1. General

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Article 2.1

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  • 1 The access is denied on the basis of Article 3, first paragraph, of the Act If the alien has not produced sufficient plausibly the purpose of the intended stay or the place of residence or in support of such a stay, the alien has not produced sufficient documents.


Article 2.1a

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  • 1 The entry shall not be refused if the foreigner returns to the Netherlands as a member of the family of a long-term resident who has been granted an EU residence permit for long-term residents and who has been granted a residence by another State after his/her stay That party is returning to the Netherlands from that State to the Treaty on the Functioning of the European Union.

  • 2 The entry shall not be refused if the alien from another State which is a party to the Treaty on the Functioning of the European Union returns to the Netherlands as:

    • a. Holder or former holder of a European Blue Card issued by Our Minister;

    • b. Family member of a foreigner as referred to in subparagraph (a), in so far as that family member has been or has been a member of a residence permit granted by Our Minister for a period of time subject to a restriction relating to residence as a member of the family family or family member of that foreigner.


Article 2.1b

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  • 1 The access shall not be refused if the foreigner of another State is as intended in Article 1.3 has been ordered to return to the Netherlands immediately, and he at that time legitimately stay as intended in Article 8 of the Act had.

  • 2 The Netherlands shall not refuse access if, on the basis of a bilateral or multilateral agreement or arrangement applicable on 13 January 2009, the Netherlands is a foreigner of another State as referred to in Article 1 (2). Article 1.3 must take back and that foreigner residing in that other state without residence permit or other permission to stay. In that case, Our Minister gives to that stranger the notice, intended in Article 62a, first paragraph, of the Act , unless the foreigner has lawful residence as intended in Article 8 (a) to (e) or (l) of the Act .


Article 2.2

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  • 1 The carrier referred to in Article 4, first paragraph, of the Act Takes copies of the foreign-related document for crossing the border, if he transports the foreigner either directly or after transfer or transit to the Netherlands from an airport designated by Ministerial Arrangement.

  • 2 The carrier shall take a copy by making a clear and legible image of the pages with the relevant details of the cross-border document of the foreigner he transports. The carrier shall hand over the copy to an official with responsibility for border security if he is not required to submit a valid crossing document for crossing the border in the Netherlands.

  • 3 In any case, the following shall be understood as follows:

    • a. Name and first name or forenames of the foreigner;

    • b. Date of birth of the foreigner;

    • Place of birth of the foreigner;

    • d. nationality of the foreigner;

    • the place and date of issue of the foreigner's border crossing document, and the number of the document;

    • f. validity period of the foreigner's border crossing document;

    • (g) place and date of issue of the visa for the Netherlands or the Schengen area for the purposes of crossing the border, or the residence document, and the number of the residence document;

    • (h) validity of the visas or residence documents entered in the border document, whether or not issued in the border document, even if a visa certificate has been issued or is used residence documents;

    • Place and date of issue of the visas or residence documents entered in the border document for third countries necessary for the journey to the Netherlands or for the final destination country, whether or not those visas or residence documents have not been entered in the document for the crossing of the border, but have been provided separately to the alien;

    • j. the most recent exit stamp provided by the border security authorities of the country in which the airport of departure is located; and

    • k. the photograph taken in the border document.

    The data referred to in point (g) shall also be recorded if a visa certificate has been issued or the residence document has been issued as a separate document.

  • 4 The image of the photograph presented in the border document, referred to in paragraph 3 (k), must be of such quality that it is traceable to the holder of the valid document for crossing the border.

  • 5 The official in charge of the border surveillance shall make the image unusable as soon as the border surveillance interests permit it.


Article 2.2a

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  • 1 The carrier referred to in Article 4, first paragraph, of the Act Passengers transporting passengers by air shall collect on the claim of an official in charge of the border control the passenger data referred to in paragraphs 1 and 2 of the third paragraph and point (c) (2), and shall provide them at the end of the period of operation. entry-checks to an official in charge of the border control, together with the passenger data referred to in point (c) of the third paragraph of point (c), provided that such information is present in the carrier's departure control system.

  • 2 The first paragraph shall not apply to the carrier, by whose intervention the alien is from a Member State of the European Union or a country involved in the implementation, application and development of the Schengen acquis, to a outer border or brought within the territory of the Netherlands.

  • 3 The Article 4, third paragraph, of the Act , passenger data referred to include:

    • a. The following information in the passenger's cross-border document:

      • 1 ยฐ. the number and nature of the travel document;

      • 2 ยฐ; nationality;

      • 3 ยฐ. the full name;

      • 4 ยฐ. date of birth;

      • 5 ยฐ. the sex;

      • 6 ยฐ, the issuing State of the travel document;

      • 7 ยฐ. the expiry date of the travel document;

    • (b) the following information relating to the means of transport concerned:

      • 1 ยฐ. the flight number;

      • 2 ยฐ. the time of departure and arrival of the means of transport;

      • 3 ยฐ. the total number of passengers carried by that means of transport.

    • c. the following information relating to the passenger transport in question:

      • 1 ยฐ. border crossing point of entry;

      • 2 ยฐ. the first entry point;

      • 3 ยฐ. other travel routing information;

      • 4 ยฐ. the Passenger Name Record file location.

  • 4 In the case of a ministerial arrangement, cases may be designated in which carriers are required to collect and supply the passenger data referred to in paragraph 3 without any claim for that purpose. In so doing, detailed rules may be laid down regarding the form in which the information referred to in the third paragraph is provided.

  • 5 The carrier shall destroy the data collected under the first paragraph within 24 hours of arrival in the Netherlands.

  • 6 The carrier shall provide the passenger with information relating to:

    • a. his identity;

    • b. the purposes for which the data is collected;

    • c. the data collected;

    • d. the recipients of the data; and

    • e. the existence of the right to be informed of its data and the right to request correction of incorrect data.

  • 7 In the case of ministerial arrangements, rules shall be laid down on the manner in which the data is provided by the carrier.


Article 2.2b

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The official in charge of the border control destroythe land Article 2.2a any passenger data obtained within 24 hours of the arrival of passengers in the Netherlands, unless they are necessary for the performance of the passenger's duties later than the time of entry into the Netherlands.


Article 2.2c [ Expired by 29-12-2012]

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Section 2. Document for crossing the border

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Article 2.3

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  • 1 Without prejudice to the other relevant cases in respect of Law requirements, access to the Netherlands is not refused on the basis of Article 3, first paragraph, point (a) of the Act , if the foreigner is in possession of:

    • a. A valid border crossing document which is provided with a valid temporary stay authorisation if he or she returns to the Netherlands for a stay of more than 90 days; or

    • b. A statement issued by Our Minister giving him the right to return to the Netherlands.

  • 2 A separate valid temporary stay authorisation shall be deemed equivalent to a valid border crossing document, if the alien is also in possession of the document specified in this authorisation.

  • 3 By way of derogation from the first paragraph, access shall not be refused if the foreigner is going to the Netherlands for a stay of more than 90 days and he is in possession of a valid document for crossing the border in which the necessary is not authorised until temporary stay, provided that the foreigner:

    • (a) holds the nationality of one of the States to be notified by ministerial arrangement; or

    • (b) belong to a category to be classified under a ministerial arrangement.

  • 4 In the case of a ministerial arrangement, a derogation from the first paragraph may be waived for the benefit of aliens from the possession of a document for the purposes of the implementation of a Convention or of an international organization of international law. cross-border.


Article 2.4

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  • 1 To the foreigner, who, as a passenger of an aeroplane, does an airport and in whose valid document for crossing the border the travel visa required for entry into the Benelux territory or transit visa with delay, may access the airport. Benelux area granted.

  • 2 Access shall be granted only if:

    • a. the interruption takes place because of the wishes of the foreigner independent circumstances;

    • b. He will depart from one of the airports referred to in the third paragraph of this Article;

    • c. he holds a valid border crossing document and travel bills on the basis of which his transit to and his access to the country of destination is established; and

    • d. He complies with Article 12, first paragraph, points (b) and (d) of the Act .

  • 3 The access is granted only if the foreigner does a ministerial-designated airport in the Netherlands or a designated airport in Belgium or Luxembourg.

  • 4 Access shall be granted for the duration on which the transit may continue on the next occasion.

  • 5 Where access is granted, the official shall, in the case of the border surveillance carried out on the spot in the document for the crossing of the foreigner, make an endorsement or provide a separate declaration to the foreigner, the granting of access appears.

  • 6 The model of the endorsement and declaration referred to in paragraph 5 shall be adopted by means of a ministerial arrangement.


Article 2.5 [ Expired by 01-05-2008]

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Article 2.6 [ Expired by 20-08-2004]

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Article 2.7 [ Expect by 20-08-2004]

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Article 2.8 [ Verfall by 01-05-2008]

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Section 3. Public Order

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Article 2.9

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  • 1 Access to the Netherlands is denied, in any case, on the grounds that the foreigner presents a danger to public order or national security, intended to Article 3, first paragraph, point (b) of the Act , if:

    • a. In the case of the alien, there are concrete indications that it has committed or will commit a breach of public policy or national security; or

    • b. The foreigner in the investigation register or Schengen Information System for the purpose of refusal is signalled.

  • 2 The first paragraph shall continue to apply if, on the grounds of humanitarian considerations, for reasons of national interest or by reason of international obligations, our Minister considers that a derogation is necessary.


Section 4. Resources for the cost of stay

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Article 2.10

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  • 1 In determining whether the foreigner has the Article 3, first paragraph, part c, of the Law as regards both the costs of stay in the Netherlands and those of his trip to a place outside the Netherlands where its access is ensured, resources already available to the foreigner and resources available to the foreigner may be provided for Foreigner may have legally authorized labour to be involved.

  • 2 In any case, the means shall be understood to mean financial means and transport tickets.


Article 2.11

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  • 1 The access is denied on the basis of Article 3 (c), (c) and (d) of the Act If the foreigner does not meet the condition laid down by the official in charge of border security to provide security for the costs of stay in the Netherlands and for the costs of his trip to a place outside the Netherlands where his access is guaranteed.

  • 2 The security referred to in the first paragraph may consist of:

    • a. The depositing of a return-pass-type jet;

    • b. the lodging of a guarantee,

    • c. the lodging of a bank guarantee; or

    • d. a garantposition by a third party which is solvabel.

  • 4 The condition provided for in paragraph 1 to provide security for the costs of residence in the Netherlands and the costs of his journey to a place outside the Netherlands where his access is ensured may, under Article 5 (3) of the Schengen Borders Code, also in respect of a third-country national requesting access for a stay for a maximum period of 90 days within a period of 180 days.

  • 5 In the case of a ministerial arrangement, detailed rules on the guarantee may be laid down.

Chapter 3. Stay

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Section 1. Legal residence

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Article 3.1

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  • 1 Submitting an application for the granting of a residence permit for a specified period of time, as well as the lodging of an application for amendment or renewal of a residence permit for a certain period of time or residence permit For some time, asylum shall have the effect of not being deported unless:

    • (a) the application for the provisional opinion of Our Minister concerns a repeated application; or

    • b. the application to the preliminary judgment of Our Minister may be rejected on the ground that the foreigner poses a danger to public order or national security.

  • 2 The lodging of an application for the granting of a residence permit for a certain period of time means that the expulsion shall be omitted, unless:

    • a. The foreigner has submitted a subsequent application after a previous application has been definitively dismissed as inadmissible with the application of Article 30a, first paragraph, part d, of the Act or definitively dismissed as manifestly unfounded or as baseless in the application of Article 30b or 31 of the Act , and no new elements or findings have been raised that may be relevant to the assessment of the application;

    • b. an earlier application has not been pending on the basis of Article 30 of the Act and no new elements or findings have been raised that may be relevant for the assessment of the application;

    • c. the foreigner who submitted the application is to be surrendered or extraded to another Member State under obligations in accordance with a European arrest warrant or otherwise, or to international criminal courts or Tribunals;

    • d. the foreigner who has submitted the application is to be surrendered or extradged to a third country; or

    • e. The alien has made a first successive application solely in order to delay or prevent the execution of the return decision and the application can be declared inadmissible on the basis of Article 30a, first paragraph, part d, of the Act .

  • 3 The exceptions referred to in paragraph 2 shall not apply, if expulsion would result in a breach of the Convention on Refugees, Union obligations, the Convention for the Protection of Human Rights and Fundamental Rights of the European Union. freedoms or the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment.

  • 4 In the assessment of the existence of an application made solely in order to delay or prevent the implementation of the return decision as referred to in paragraph 2 (e), all the circumstances of the case shall be taken; In particular:

    • a. the period within which the alien has made known his application for a residence permit for some time in the light of his statements in this regard;

    • b. the circumstances under which the foreigner was found or made known his application;

    • c. Whether the alien is in the Schengen Information System for an entry ban on an entry ban;

    • d. the nationality of the person concerned in the light of the application of Article 30b, first paragraph, point (b) of the Act ;

    • e. the substantiation of the application.

  • 5 In the case of a ministerial arrangement, detailed rules may be laid down as to how the assessment of the situation as referred to in paragraph 2 and the manner in which a decision is to be made known in this regard is made.


Article 3.1a

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  • 1 The lodging of an application for the granting of a residence permit for certain periods of time has the effect of leaving the expulsion for so long a decision as provided for in Article 5 (3) of the Temporary Protection of the Member States of the European Union. in force, if the foreigner:

    • a. Belts to the specific group of aliens as defined in a decision of the Council of the European Union as referred to in Article 5, third paragraph, of the Temporary Protection Directive;

    • b. the spouse is of the foreigner, referred to under a, or the unmarried partner with whom that foreigner maintains a lasting relationship, and at the time of the events which led to the decision referred to in the introductory sentence with that foreigner attended;

    • c. is the minor, unmarried, adopted or not adopted child of the foreigner, referred to in (a) or (b);

    • d. any other next to the family member of the foreigner referred to in point (a) who, at the time of the events which led to the decision referred to in the introductory sentence, was wholly or largely dependent on that stranger and lived with the family, and whose leaving would constitute a poignant situation; or

    • (e) belong to the group of foreign nationals of the same country or region as referred to in a ministerial arrangement as the foreigner referred to in (a) who have been displaced for the same reason and who do not already enjoy protection in another country which is party to the shall be the subject of the Treaty on the Functioning of the European Union or the Agreement on the European Economic Area.

  • 2 By way of derogation from the first paragraph, our Minister may provide that expulsion shall not be omitted if:

    • a. the application with application of Article 30 of the Act has not been taken into consideration;

    • b. The foreigner already enjoys temporary protection in another country which is a party to the Treaty on the Functioning of the European Union or the Agreement on the European Economic Area;

    • (c) The alien shall be transferred to another country which is a party to the Treaty on the Functioning of the European Union or to the Agreement on the European Economic Area, in application of the Directive;

    • d. The alien has returned to the country or region of origin;

    • e. serious reasons are present to assume that the foreigner:

      • 1 ยฐ. a crime against peace, a war of war, or a crime against humanity has been committed as defined in the international instruments containing provisions on such crimes;

      • 2. outside the Netherlands, a serious non-political offence has been committed before he has obtained temporary protection;

      • 3 ยฐ. he has been guilty of acts contrary to the purposes and principles of the United Nations;

    • f. the alien, following an irrevocable conviction for a particularly serious offence, constitutes a danger to the Dutch society; or

    • g. there are reasonable grounds to consider the foreigner as a danger to national security.

  • 3 In the application of paragraph 2 (e) (2), the seriousness of the expected persecution shall be weighed against the nature of the offence of which the alien is suspected, and may exceptionally cruel acts, whether or not with a The alleged political objective has been identified as serious non-political crimes. This applies to all participants in the offence, including those who have provoked the offence.

  • 4 A decision pursuant to paragraph 2 (e) to (g) shall be based on the personal conduct of the alien, in accordance with the principle of proportionality.


Article 3.1b

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  • 1 The application of an application for the grant of a European Blue Card results in the absence of expulsion, if the foreigner was the holder of an application immediately prior to the submission of an application by the authorities of a blue card. Other State party to the Treaty on the Functioning of the European Union is a European Blue Card issued.

  • 2 The lodging of an application for the grant of a residence permit for a specified period of time Article 3.13, first paragraph , the effect of expulsion shall be omitted if:

    • a. The foreigner is the spouse, the registered partner or the unmarried partner of a European Blue Card holder, or the minor child of that spouse, partner or holder of the European Blue Card;

    • (b) the proprietor of the European Blue Card referred to in subparagraph (a) immediately prior to the submission of the application was a holder of a party to the Treaty on the Functioning of the European Union by the authorities of another State. issued European Blue Card, and

    • c. does not involve family formation.


Article 3.2

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For the application of Article 12, first paragraph, points (b) and (d) of the Act are the Articles 2.9 , 2.10 and 2.11 applicable mutatis mutandis.


Article 3.3

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  • 1 The period for which it is granted to aliens Article 12 of the Act is allowed to reside in the Netherlands:

    • a. For the holders of a transit visa and for aliens to whom a special pass has been issued exclusively for transit: the time necessary for the continuation of their journey;

    • b. For holders of a transit visa with the option of withdrawal or a travel visa: the duration for which the visa was issued or extended or, to the extent that it is a visa for more travel, the duration specified in the visa for which an uninterrupted period of validity is required. residence is permitted;

    • c. for aliens who have come to the Netherlands for a stay of no more than 90 days: 90 days or, in the case of an extension by our Minister of the term due to special circumstances, 180 days;

    • d. For holders of a long-stay visa or residence permit as referred to in Article 18 (1), first paragraph, Article 21 (1) of the Schengen Convention: 90 days or, in the case of an extension of the Schengen Agreement, Minister of the term due to special circumstances, 180 days;

    • e. for holders of a valid authorisation until provisional stay: the time until the foreigner lawfully stay within the meaning of Article 8 (a) of the Act obtains, but no longer than the period of validity of the authorisation;

    • f. for the holder of an EU residence permit for long-term residents issued by another State party to the Treaty on the Functioning of the European Union, or for the spouse or the minor of the holder of that residence; In case the family was already formed in that State: 90 days;

    • g. for other aliens: eight days.

  • 2 The period referred to in points (b) and (c) of paragraph 1 shall in no case expire on the eighth day following the occurrence of circumstances, from which it may be infered that the foreigner has planned to enter a period of more than 90 days within a period of time. period of 180 days to stay in the Netherlands.

  • 3 By way of derogation from the second paragraph, the period referred to in paragraph 1 (c) shall, in the event of special circumstances, expire not later than the eighth day following the occurrence of the facts or circumstances of the case, are derived that the foreigner has the intention of staying in the Netherlands for more than 180 days.


Section 2. The residence permit for a certain period of time

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Paragraph 1. Grant under restriction and requirements

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Sub-paragraph 1. Restrictions

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Article 3.4

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  • 1 The in Article 14, third paragraph, of the Law Those restrictions shall be related to:

    • a. residence as a family or family member;

    • b. stay as an economically inactive long-term resident or weary foreigner;

    • c. Work as self-employed person;

    • d. Labour as a knowledge migrant;

    • e. stay as a holder of the European Blue Card;

    • f. seasonal work;

    • g. "employed";

    • h. cross-border provision of services;

    • (i) scientific research within the meaning of Directive 2005 /71/EC;

    • j. working learning;

    • k. Labour as a non-privileged military or non-privileged civilian personnel;

    • l. study;

    • m. the search for and pursuit of employment as an employed or self-employed person;

    • n. Exchange, whether or not in the context of a Convention;

    • o. medical treatment;

    • Temporary humanitarian grounds;

    • q. waiting for a request based on Article 17 of the Law on the Netherlands Government Act ;

    • r. non-temporary humanitarian grounds.

  • 2 The restrictions referred to in paragraph 1 may be specified in the grant of the residence permit.

  • 3 Unless the purpose for which the foreigner wishes to reside in the Netherlands is related to the situation in the country of origin which, in order to assess them in the judgment of Our Minister, relates to the submission of an application for a A residence permit is necessary for a certain period of time, our Minister may grant the residence permit for some time under another restriction, then mentioned in the first paragraph.

  • 4 An appeal to the general means may in any case have an effect on the right of residence if the residence permit has been granted under one of the restrictions referred to in the first paragraph, with the exception of the parts p, q and r, and in the third member. Under ministerial arrangements, rules may be laid down regarding these restrictions. If an appeal to the general funds may have an effect on the right of residence, our Minister shall inform the foreigner in advance in writing.


Sub-Paragraph 2. Right of residence of a temporary nature

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Article 3.5

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  • 1 The right of residence on the basis of the residence permit for some time is temporary or non-temporary.

  • 2 The right of residence on the basis of the residence permit shall be temporary, subject to a restriction on:

    • a. residence as a family or family member, if the main person:

      • 1 ยฐ. temporary right of residence; or

      • 2 ยฐ. holder of a residence permit is asylum for certain periods of time;

    • b. seasonal work;

    • c. cross-border provision of services;

    • d. Work learning;

    • e. study;

    • f. the search for and pursuit of employment as an employed or self-employed person;

    • g. exchange, whether or not within the framework of a treaty;

    • h. medical treatment;

    • temporary humanitarian grounds;

    • j. waiting for a request based on Article 17 of the Law on the Netherlands Government Act .

  • 3 Under ministerial arrangements, cases of residence may be designated for the performance of obligations arising from treaties or from binding decisions of international organizations in which the right of residence, by way of derogation from the second paragraph, may be designated is of a temporary nature.

  • 4 If the residence permit has been granted under a restriction other than that specified in the second paragraph, the right of residence shall be non-temporary, unless otherwise provided for in the grant of the residence permit.


Sub-paragraph 3. Ex officio grant, extension and amendment

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Article 3.6

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  • 1 Upon refusal of an application to grant a residence permit for a specified period of time, such a residence permit may be granted for the time being:

    • a. to the foreigner whose expulsion would be contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

    • b. subject to a restriction related to temporary humanitarian grounds to the foreigner who is victim, victim or witness-declarant for trafficking in human beings, intended to Article 3.48, paragraph 1 (a), (b) or (c) ;

    • c. subject to a restriction related to temporary humanitarian grounds to the foreigner who cannot leave the Netherlands outside his debt as intended in Article 3.48, second paragraph, point (a) ;

    • d. subject to a restriction related to medical treatment as intended in Article 3.46 ; or

    • e. subject to a restriction related to temporary humanitarian grounds as referred to in Article 3.48, second paragraph, point (b) .

  • 2 The first paragraph shall apply only where the application relates to a residence permit:

    • a. on the ground that the expulsion of the foreigner is contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

    • b. subject to a restriction related to medical treatment as specified in Article 3.46 ;

    • c. subject to a restriction related to temporary humanitarian grounds to the foreigner who cannot leave the Netherlands outside his debt as intended in Article 3.48, second paragraph, point (a) ; or

    • d. subject to a restriction related to temporary humanitarian grounds as intended Article 3.48, second paragraph, point (b) .

  • 3 By way of derogation from the second paragraph, the first paragraph shall not apply where, in the case of a refusal to apply for a residence permit for a specified period of time or a residence permit, the first paragraph shall not apply, with the exception of: application of the first paragraph, or Article 3.6a, first paragraph , a decision has been taken on the ex officio of a residence permit.

  • 4 The residence permit shall be granted on the basis of the applicable land referred to in the first paragraph.

  • 5 The first, second and fourth members shall apply mutatis mutandis if the residence permit is withdrawn for a specified period or the application for renewal of the validity of the residence permit is rejected.


Article 3.6a

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  • 1 When the first application for the grant of a residence permit is rejected, a residence permit may be granted for a limited period of time for a limited period of time:

    • a. to the foreigner whose expulsion would be contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

    • b. subject to a restriction related to temporary humanitarian grounds to the foreigner who is victim, victim or witness-declarant for trafficking in human beings, intended to Article 3.48, paragraph 1 (a), (b) or (c) ; or

    • c. subject to a restriction related to temporary humanitarian grounds as intended Article 3.48, second paragraph, point (b) .

  • 3 If the foreigner has not submitted the first application for the grant of the residence permit for some time within six months of the first entry in the Netherlands, a residence permit may, for some time, be limited to the on the basis of paragraph 1 (b), are to be granted ex officio.

  • 4 The residence permit shall be granted on the basis of the applicable land referred to in the first paragraph.

  • 5 The first and fourth members shall apply mutatis mutandis where the residence permit is withdrawn for a specified period or the application for extension of the period of validity of the residence permit is rejected.


Article 3.6b

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Without prejudice to Articles 3.6 and 3.6a the residence permit may be granted for a certain period of ex officio:

  • a. subject to a restriction related to medical treatment, temporary humanitarian grounds or non-temporary humanitarian grounds;

  • b. to the foreigner with lawful residence as intended in Article 8 (i) of the Act , which belongs to one of the in Article 17 of the Act or in Article 3.71, second paragraph These categories and those whose stay in the Netherlands for a period of more than 90 days immediately prior to the notification on the basis of a period of more than 90 days Article 4.47 has agreed;

  • c. to the foreigner whose expulsion would be in breach of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.


Article 3.6c

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  • 1 By ministerial arrangement, other cases than those referred to in the Articles 3.6 to 3.6b shall be designated in which the residence permit may be automatically granted for certain periods of time.

  • 2 By ministerial rules, rules may be laid down regarding the automatic renewal and alteration of the residence permit for certain periods of time.


Sub-paragraph 4. Requirements

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Article 3.7

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  • 1 The residence permit may, for a specified period of time, be subject to the lodging of security:

    • a. Deposit of a security deposit covering the costs associated with the journey of the foreigner to a place outside the Netherlands where his access is ensured;

    • b. The lodging of a bank guarantee;

    • c. have an insurance cover covering the health costs in the Netherlands in full.

  • 2 Instead of a deposit, a passport jet may be deposited.

  • 3 Instead of security, business security may be lodged.

  • 4 In the case of a ministerial arrangement, detailed rules on the guarantee may be laid down.


Article 3.8

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The deposit, for the purpose of Article 3.7, first paragraph, point (a) , is deposited with our minister.


Article 3.9

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  • 1 The deposit, for the purpose of Article 3.7, first paragraph, point (a) , in any case, our Minister shall return to the rightholder by our Minister:

    • a. once the residence permit has been retracted for certain time or regulation, or the validity of the residence permit has expired;

    • b. once a residence permit is granted to the foreigner as intended Article 8 (b) of the Act , has been granted;

    • c. as soon as the foreigner becomes Dutchman or has to be treated as a Dutchman under some law;

    • d. upon death of the foreigner, or

    • e. no later than five years after the deposit has been deposited.

  • 2 If a deposit is returned because of the withdrawal or expiry of the residence permit referred to in paragraph (a) above, the return shall be made with the deduction of the government made or to be made costs, linked to the journey from the foreigner to a place outside the Netherlands where his access is ensured.


Article 3.10

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  • 2 Interest shall be calculated from the calendar year following the year in which the deposit has been paid. No interest shall be paid for the calendar year in which the deposit was deposited. In calculating the period for which interest is paid, the calendar year in which the deposit is repaid shall be counted as full year.


Article 3.11

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The deposit is returned and the interest is paid out as soon as possible after one of the Article 3.9, first paragraph The grounds on which it refers occur.


Article 3.12

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  • 1 Liabilities arising from the provision of business security in accordance with Article 3.7, third paragraph , shall relate exclusively to charges, caused within five years, after the residence permit has been granted for a specified period of time.

  • 2 Our Minister may provide that the period referred to in paragraph 1 shall be less than five years if:

    • a. In other ways, sufficient security has been lodged;

    • b. The foreigner has left the Netherlands definitively;

    • c. to the foreigner a residence permit under a different restriction or residence permit has been granted indefinite leave; or

    • d. The foreigner has obtained the Dutch nationality.


Sub-paragraph 5. Grant under restriction

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Article 3.13

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  • 1 The residence permit for some time is subject to a restriction relating to residence as a family or family member, granted to the residence permit. Article 3.14 Named family member of the Article 3.15 Intended main person, if all is met in the Articles 3.16 to 3.22a specified conditions.

  • 2 In other cases, the residence permit referred to in paragraph 1 may be granted.


Article 3.14

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The residence permit, referred to in Article 3.13, first paragraph , it shall be granted to:

  • a. The foreigner of 21 years of age or older who has entered into a registered partnership with the main person, a valid marriage or a registered partnership, valid under Dutch international law, or a private law governed by private law;

  • b. The foreigner of 21 years of age or older, who with the main person maintains a duly attested lasting and exclusive relationship, in which the partners:

    • 1. do not stand up to each other in such a close relationship that it would be a marriage obstacle to Dutch law; and

    • 2 ยฐ are unmarried and have not entered into a partnership registered in the Netherlands, unless the marriage has not been dissolved by legal means of non-influence; or

  • c. the minor biological or legal child of the main person, who in fact belongs to the judgment of our Minister, and who in the country of origin actually belonged to the family of that principal and under the legitimate authority of the person in question. which is the main character.


Article 3.15

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  • 2 If the foreigner wishes to reside as a member of the family in the Netherlands to a principal who holds the residence permit, for certain periods of time, is subject to a restriction on leave in the Netherlands and that main person works on board a Dutch seagoing vessel or on a mining facility on the continental shelf, the residence permit is first granted, after this protagonist has a work history on board a Dutch seagoing vessel or on a mining installation on the continental shelf of at least seven years.

  • 3 If the main person to whom the foreigner wishes to reside as a member of the family is the holder of the residence permit for a specified period of time, the residence permit shall not be granted to the member of the family, after the main person has at least the holder has been lawfully resident in the Netherlands for a year, unless:

    • a. The main person in the Netherlands is staying for a temporary purpose as intended in Article 2.1 of the Decision ;

    • (b) The main person falls within the scope of Article 13 of the Association Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association, the Netherlands-American Friendship Treaty (Trb). 1956, 40) or the Treaty of Trade and Shipping between the Netherlands and Japan (Stb. 1913, 389);

    • (c) non-admission as a member of the family would be contrary to the interests of underage children as referred to in Article 5 (5) of Council Directive 2003 /86/EC of 22 September 2003 on the right to family reunification (PbEC 2003, L 251).


Article 3.16

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As long as the foreigner or main person with more than one other person is simultaneously linked by marriage or partnership, the residence permit is intended to be Article 3.13, first paragraph , granted only to one spouse, registered partner or partner at the same time, as well as to the minor children born of that foreigner.


Article 3.17

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The residence permit, referred to in Article 3.13, first paragraph , is granted, if the foreigner and the main person reside together and conduct a common household.


Article 3.18

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The residence permit, referred to in Article 3.13, first paragraph , is granted, if the foreigner has a valid authority to provisionally stay which corresponds to the residence for which the residence permit has been applied for or belongs to one of the Article 17 of the Act or in Article 3.71, second paragraph , those categories.


Article 3.19

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The residence permit, referred to in Article 3.13, first paragraph , if the foreigner has a valid document for crossing the border or the opinion of our Minister has shown that he is not or is no longer in possession of the government of the country of which he is a national. possession of a valid document for crossing the border may be held.


Article 3.20

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The residence permit, referred to in Article 3.13, first paragraph , is granted, if the alien does not pose a danger to public order or national security. The Articles 3.77 and 3.78 shall apply.


Article 3.21

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The residence permit, referred to in Article 3.13, first paragraph , where the foreigner is prepared to undergo, and cooperate with, an investigation into, or treatment for, tuberculosis, or the nationality of one of the countries to be determined by ministerial order.


Article 3.22

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  • 2 By way of derogation from the first paragraph, the residence permit shall also be granted, if the main person is the pensionable age, Article 7a, first paragraph, of the General old-age law , has achieved or is at the discretion of our Minister permanently and completely incapable of work.


Article 3.22a

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  • 2 By way of derogation from the first paragraph, the residence permit shall also be granted if:

    • (a) comply with the conditions laid down in Chapter IV and Article 16 of Directive No Council Directive 2003 /86/EC of 22 September 2003 on the right to family reunification (PbEU L 251), in which case Our Minister designates the main person as a reference;

    • (b) the principal person to whom the foreign member wishes to reside as a member of the family is a Turkish worker as referred to in Articles 6 and 13 of Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association, in which case it shall be The main person is not designated as a referent.


Article 3.23

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  • 1 The residence permit, for the purpose of Article 3.13, first paragraph , is granted to the foreigner born in the Netherlands, who has not moved the main residence outside the Netherlands and who, in the opinion of our Minister, is in fact continued to belong to the family of the parent established in the Netherlands, who is a member of the lawful residence as intended in Article 8 (a) to (e) or (l) of the Act , and that since the birth of the foreigner the main residence has not moved outside the Netherlands.

  • 2 If the application has been received before the foreigner has reached the age of six months, the residence permit is also granted to the foreigner born outside the Netherlands, who in the opinion of Our Minister is in fact belong to the family of both parents, who have been lawfully resident as intended since the birth of the foreigner Article 8 (a) to (e) or (l) of the Act , have not moved outside the Netherlands and have the main residence.

  • 3 If the father of the foreigner referred to in paragraph 2 is unknown, the residence permit shall be granted, if the mother has been lawfully resident since the birth of the foreigner on the basis of Article 8 (a) to (e) or (l) of the Act has not moved outside the Netherlands, and the main residence has not been moved.

  • 4 The residence permit is granted if:

    • a. The foreigner has valid authority to provisionally stay which corresponds to the purpose of residence for which the foreigner wishes to stay in the Netherlands, or belongs to one of the Article 17 of the Act or in Article 3.71, second paragraph , categories of goods,

    • b. The foreigner has a valid document for crossing the border or, in the opinion of our Minister, has shown that he is not or no longer in possession of a valid document because of the Government of the country of which he is a national. in the case of a cross-border crossing;

    • (c) The foreigner is prepared to carry out and work on an investigation or treatment for tuberculosis, or the nationality of one of the countries to be determined by ministerial arrangement;

    • d. The foreigner is not a danger to the public order as intended in the Articles 3.77 and 3.78 or for national security;

    • e. the main person for the purpose of residence of the foreigner has made a statement as intended to Article 2a, first paragraph, of the Law .

  • 5 By way of derogation from the fourth paragraph, introductory wording and point (e), the residence permit shall also be granted if:

    • (a) comply with the conditions laid down in Chapter IV and Article 16 of Directive No Council Directive 2003 /86/EC of 22 September 2003 on the right to family reunification (PbEU L 251), in which case Our Minister designates the main person as a reference;

    • (b) the principal person to whom the foreign member wishes to reside as a member of the family is a Turkish worker as referred to in Articles 6 and 13 of Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association, in which case it shall be The main person is not designated as a referent.


Article 3.23a

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  • 1 When our Minister has granted a residence permit to a long-term resident of another Member State of the European Union and his family has already been formed in that Member State, the residence permit for a specified period of time shall be: Article 3.13, first paragraph , granted to the spouse, the registered partner or the unmarried partner of the long-term resident and the minor child of that spouse or long-term resident, if:

    • a. that child, that spouse or partner in another State party to the Treaty on the Functioning of the European Union is admitted as a family member of the long-term resident;

    • b. that child, who has a spouse or partner with a valid border crossing document;

    • c. that child, that spouse or partner, whether or not together with the long-term resident, has sustainable and independent means of sufficient means of existence as intended Article 3.74, first paragraph, point (a) ;

    • d. that child, that spouse or partner does not pose a danger to public order as intended in the Articles 3.77 and 3.78 and national security;

    • e. the main person for the purpose of the stay of that child, that spouse or partner has made a statement as intended in Article 2a, first paragraph, of the Law .

  • 2 By way of derogation from the first paragraph, introductory wording and point (e), the residence permit shall also be granted if:

    • (a) Chapter 3 of the Long-term Residents Directive shall be complied with, in which case Our Minister shall designate the principal as a reference;

    • (b) the principal person to whom the foreign member wishes to reside as a member of the family is a Turkish worker as referred to in Articles 6 and 13 of Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association, in which case it shall be The main person is not designated as a referent.


Article 3.23b

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  • 1 The residence permit for some time, intended in Article 3.13, first paragraph , is granted under a restriction related to stay as a family or family member, to the spouse, the registered partner or the unmarried partner of the holder of the European Blue Card issued by Our Minister, and the Minor child of that spouse, partner or holder of the European Blue Card, if:

    • a. that child, that spouse or partner in another State party to the Treaty on the Functioning of the European Union has been admitted as a family member of that holder of the European Blue Card for at least 18 months;

    • b. that child, that spouse or partner is in possession of a valid document for crossing the border or a certified copy thereof;

    • c. that child, that spouse or that partner no danger to the public order as intended in the Articles 3.77 and 3.78 or constitutes national security;

    • d. the main person for the purpose of the stay of that child, that spouse or that partner a statement as intended Article 2a, first paragraph, of the Law has travelled.

  • 2 The residence permit is granted, if the holder of the European Blue Card:

    • a. directly prior to the provision of that card by our Minister holder was a European Blue Card issued by the authorities of another State party to the Treaty on the Functioning of the European Union;

    • b. Sustainable and independent has sufficient means of existence as intended in Article 3.74, first paragraph, point (a) .

  • 3 By way of derogation from the first paragraph, introductory wording and point (d), the residence permit shall also be granted if:

    • a. The conditions laid down in Directive 2009 /50/EC are fulfilled, in which case Our Minister designates the main person as a reference;

    • (b) the principal person to whom the foreign member wishes to reside as a member of the family is a Turkish worker as referred to in Articles 6 and 13 of Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association, in which case it shall be The main person is not designated as a referent.


Article 3.24 [ Expired by 01-10-2012]

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Article 3.24a

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  • 1 The residence permit for some time is subject to a restriction relating to residence as family or family member to the relative of the first degree in direct ascending line of the single minor holder. of a residence permit for some time which is not effectively placed under the care of an adult responsible for him by law or common law, if that person is related:

    • a. possesses a valid authority until provisional stay which corresponds to the residence for which the residence permit has been applied for, or belongs to one of the Article 17 of the Act or in Article 3.71, second paragraph , categories of goods,

    • b. has a valid border crossing document, or our Minister ' s judgment has shown that due to the government of the country of which he is a national, he or she is not or no longer in possession of a valid document for Cross-border crossing;

    • (c) be prepared to carry out an investigation or treatment for tuberculosis and to work on it or to have the nationality of one of the countries to be established under ministerial arrangements; and

    • d. poses no danger to the public order as intended in the Articles 3.77 and 3.78 or national security.


Article 3.25 [ Expaed by 01-10-2012]

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Article 3.26

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Article 3.27

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  • 1 The residence permit for some time may be subject to a restriction related to stay as family or family member to the minor foreigner who is by the prospective adoptive parents during a period in which they are their normal had been resident abroad and cared for and raised there, together with the prospective adoptive parents, the Netherlands has been set up if:

    • a. the prospective adoptive parents Dutch are or aliens with lawful residence as intended in Article 8 (a) to (e) or (l) of the Act , and

    • b. the parents of the foreigner, or if these have died or have an unknown residence the authorities of the country of residence before coming to the Netherlands, have agreed to the departure of the foreigner to the country of residence before the arrival of the family to the Netherlands and with the inclusion of the foreigner for adoption.

  • 3 This article shall not apply if the foreigner is staying with the prospective adoptive parents at the time of entry and has been cared for and raised by them or if the child is adopted in accordance with it. The Hague Convention on the Protection of Children and Cooperation in the Field of Inter-State Adoption (Trb) was established in 1993. 1993, 197), which is evidenced by a written statement issued by the central authority of the state where adoption has taken place.


Article 3.28

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  • 1 The residence permit for a specified period of time may be granted under a restriction relating to residence as family or family members to the minor stranger:

    • a. who wants to stay as a foster child in the Netherlands in the family of one or more Dutch or foreigners with legitimate residence, as intended in Article 8 (a) to (e) or (l) of the Act ; and

    • b. which, in the opinion of our Minister in the country of origin, does not have an acceptable future.

  • 2 The prospective foster parents should be able to provide the foreigner with a good education and care.

  • 3 A medical certificate shall be submitted to the application.


Article 3.29 [ Verfall by 01-06-2013]

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Article 3.29a

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  • 1 The residence permit for some time is granted under a restriction related to residence as an economically inactive long-term resident or wealthy foreigner to the long-term resident, who:

    • a. shall have a valid border crossing document;

    • b. Sustainable and independent has sufficient means of existence as intended in Article 3.74, first paragraph, point (a) ;

    • c. does not constitute a danger to public order as intended in the Articles 3.77 and 3.78 ; and

    • d. does not constitute a danger to national security.

  • 2 The residence permit may also be granted to aliens other than those referred to in the first paragraph. Under ministerial arrangements, rules may be laid down concerning the income of the wealthy foreigner.


Article 3.30

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  • 1 The residence permit for a specified period of time may be subject to a restriction, related to the performance of employment as a self-employed person to the foreigner who:

    • a. Work as a self-employed person, or is going to carry out, in the judgment of our Minister, an essential Dutch interest;

    • (b) it acquires a sustainable and independent means of existence from that work; and

    • c. fulfils the requirements for the exercise of that work and the requirements for the exercise of the undertaking concerned.

  • 2 The assessment of the essential Netherlands interest referred to in paragraph 1 (a) of the business activities shall be based on the agreement reached by ministerial arrangement in accordance with the Minister of Economic Affairs of the European Communities. points system. This scheme may be used to designate business activities which do not serve any essential Dutch interest.

  • 3 The application is not rejected because of the absence of an essential Dutch interest, if at the time the application was received, the alien has an uninterrupted working history of at least seven years:

    • a. On board a Dutch sea ship;

    • b. on the Dutch part of the continental shelf;

    • c. In international inland navigation on board Dutch ships or similar devices; or

    • d. in international road transport in the service of a Dutch employer, to the extent that that transport is carried out from or to the Netherlands.

  • For the purposes of paragraph 3, interim periods of involuntary unemployment shall not be considered to be interruptions to the extent that they have been spent in the Netherlands and which have lasted six months or less, and which are no longer in total periods of time. amounts to 12 months.

  • 5 The residence permit may be granted to a long-term resident by way of derogation from the first paragraph, point (a).

  • 6 By way of derogation from the first and second paragraphs, the residence permit may be granted to the foreigner who sets up an innovative undertaking with which he carries out or is undertaking work as a self-employed person, which has a permanent capacity to do so means of existence and which makes it possible to comply with the conditions set out in the first and second paragraphs within one year of the grant of the authorisation. Ministerial arrangements shall lay down the conditions for applying the first sentence.


Article 3.30a

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  • 1 The residence permit for some time may be granted under a restriction related to employment as a knowledge migrant to a foreigner as intended in Article 1d of the Decision implementing Law on foreigners , that employment for the benefit of an under Article 2c of the Act in the case of a recognised employer, unless the agreed wage, in the opinion of Our Minister for Social Affairs and Employment, does not conform to the market.

  • 2 The application is not rejected on the ground that the employer is not Article 2c of the Act as referent is recognized or for the benefit of the foreigner's stay no statement as intended Article 2a, first paragraph, of the Law has travelled, if the alien has the Turkish nationality. In that case, the employer shall not be designated as referent.


Article 3.30b

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  • 1 The European Blue Card is granted to a foreigner as intended in Article 1i of the Decision implementing Law on foreigners , who:

    • a. possesses a valid contract of employment or a binding offer of a highly qualified job within the meaning of Article 2 (b) of Directive 2009 /50/EC for the duration of at least one year with an employer in the Netherlands, with a gross income is acquired which is at least equal to the wage, intended in Article 1i of the Decision implementing Law on foreigners ;

    • b. In the Netherlands, work or is to be carried out for an employer to whom no penalty has been imposed on the application for infringement of a period not exceeding five years immediately preceding the application Article 2 of the Law of Labour Aliens or because of the non-or insufficient payment of payroll taxes, contributions to employees ' insurance premiums or premiums for the public sector;

    • (c) in so far as he is a regulated profession in the sense of Article 1 of the General Law on Recognition of Professional Qualifications In order to exercise the professional qualifications in the sense of Article 5 of that Act , or, in so far as he does not wish to pursue a regulated profession, evidence of higher education required for that profession or the sector in question within the meaning of Article 2 (h) of Directive 2009 /50/EC;

    • d. holds a valid border crossing document;

    • e. is in possession of a valid authorisation until provisional stay, issued under a restriction related to stay as a holder of the European Blue Card, or belongs to one of the following: Article 17 of the Act or Article 3.71, second paragraph , categories of goods, and

    • f. No danger to public order as intended in the Articles 3.77 and 3.78 or national security.

  • 2 The first paragraph shall not apply in respect of the alien, who:

    • a. An application for the grant of a residence permit has submitted asylum for a specified period of time which has not yet been irrevocably decided, or holds a residence permit;

    • b. an application for the grant of a residence permit has been submitted for some time as a researcher within the meaning of Directive 2005 /71/EC, on which it has not yet been irrevocably decided;

    • c. is a Community national or long-term resident;

    • d. is staying in the Netherlands on the basis of a treaty which makes it easier to access and temporary stay of certain categories of natural persons in relation to trade and investment;

    • e. resides in the Netherlands as seasonal worker or as a foreigner who is covered by Directive 96 /71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers for the provision of services (PbEU) 1997, L 18) was made available in the Netherlands.

  • 3 The application is not rejected on the ground that the employer is not Article 2c of the Act as referent is recognized or for the benefit of the foreigner's stay no statement as intended Article 2a, first paragraph, of the Law has come if:

    • (a) the conditions for issuing the European Blue Card, as set out in Directive 2009 /50/EC, are fulfilled, in which case Our Minister designates the employer as a reference;

    • b. The foreigner has the Turkish nationality, in which case the employer is not designated as referent.

  • 4 The rules governing the application of the first and second paragraphs may be laid down in the case of ministerial arrangements.


Article 3.30c

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  • 1 The residence permit for a specified period of time is subject to a restriction relating to seasonal work to the foreigner who:

    • a. In the Netherlands, seasonal work is or is intended to be carried out for an employer to whom, for the benefit of that work, with the application of Article 11, third paragraph, of the law on foreigners an employment permit has been issued for a maximum period of 24 weeks; and

    • (b) has stayed immediately prior to the application for a continuous period of at least 14 weeks outside the Netherlands.

  • 2 The residence permit referred to in paragraph 1 shall be granted if:

    • a. The foreigner has valid authority until provisional stay which corresponds to the purpose for which the foreigner wishes to stay in the Netherlands, or belongs to one of the Article 17 of the Act or in Article 3.71, second paragraph , categories of goods,

    • b. The foreigner has a valid document for crossing the border or, in the opinion of our Minister, has shown that he is not or no longer in possession of a valid document because of the Government of the country of which he is a national. in the case of a cross-border crossing;

    • c. The foreigner with paid employment durable and independent sufficient means of existence as intended in Article 3.74, first paragraph, point (a) , acquires;

    • d. the foreigner is prepared to carry out an investigation or treatment for tuberculosis and to work on it or to have the nationality of one of the countries to be established under ministerial arrangements;

    • e. the foreigner does not pose a danger to the public order as intended in the Articles 3.77 and 3.78 or national security; and

    • f. the employer for the benefit of the residence of the foreigner has made a statement as intended Article 2a, first paragraph, of the Law .

  • 3 The application submitted by or for the benefit of a long-term resident shall not be rejected on the ground referred to in paragraph 2 (d).

  • 4 If the employer has not made a declaration as referred to in point (f) of the second paragraph, the residence permit shall also be granted if:

    • (a) Chapter 3 of the Long-term Residents Directive shall be complied with, in which case Our Minister shall designate the principal as a reference;

    • b. The foreigner has the Turkish nationality, in which case the employer is not designated as referent.


Article 3.31

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  • 2 In addition to the first member, the residence permit shall only be granted to the foreigner who carries out or intends to work for a religious or philosophical organization, if the referent, if required by virtue of the Commercial Registry Act 2007 , is entered in the Commercial Register, referred to in Article 2 of that Act , and its solvency, continuity and reliability in the judgment of our Minister is sufficiently guaranteed.

  • 4 The residence permit may also be granted, to the foreigner who:

    • a. has a working history on board a Dutch seagoing vessel or on a mining plant on the continental shelf of at least seven years;

    • b. For at least one year, a work on board a Dutch ship or a mining plant on the continental shelf shall have a durable satisfactory means of existence as referred to in Article 4 (1). Article 3.74, first paragraph, point (a) -It's acquiring.

  • 5 In cases other than those referred to in the first and fourth paragraphs, the residence permit may be granted.


Article 3.31a

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  • 1 The residence permit for some time may be subject to a restriction, related to efficacy in the context of cross-border provision of services as intended Article 1st, 1st paragraph, of the Decision implementing Law Labour aliens If the notification referred to therein is given, the particulars and documents required by the second paragraph of that article shall be supplied.


Article 3.31b

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The residence permit may, for some time, be granted to the foreigner, subject to a restriction on the search for and pursuit of employment or self-employment in the Netherlands, to whom Article 13 of the Association Decision No 1 1/80 of the EEC-Turkey Association Council on the development of the Association shall be subject to the following conditions:

  • a. His marriage or registered partnership with a main person with non-temporary right of residence after three years has been dislocated or disbanded;

  • b. The foreigner was admitted on the basis of that marriage or registered partnership, and

  • c. the alien had legally resident for one year immediately prior to the dislocation of the marriage or registered partnership as intended Article 8 (a) of the Act .


Article 3.32

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The residence permit shall not be granted for a period of time subject to a restriction on the pursuit of employment as an independent or self-employed person, including the holder of the European Blue Card, if he/she is consist wholly or in part of the provision of sexual acts with third parties or the provision of sexual services to third parties.


Article 3.33

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  • 1 The residence permit for some time is subject to a restriction related to scientific research within the meaning of Directive 2005 /71/EC to the foreigner, who, under a host agreement as referred to in Article 6, of Directive 2005 /71/EC either carrying out or is going to carry out an investigation within the meaning of that Directive Article 2c of the Act research body approved as a reference within the meaning of that Directive.

  • 2 The residence permit referred to in paragraph 1 shall be granted if:

    • a. The foreigner has valid authority to provisionally stay which corresponds to the purpose of residence for which the foreigner wishes to stay in the Netherlands, or belongs to one of the Article 17 of the Act or in Article 3.71, second paragraph , categories of goods,

    • b. The foreigner has a valid document for crossing the border or, in the opinion of our Minister, has shown that he is not or no longer in possession of a valid document because of the Government of the country of which he is a national. in the case of a cross-border crossing;

    • (c) The foreigner is prepared to carry out an investigation or treatment for tuberculosis and to work on it or to have the nationality of one of the countries to be established under ministerial arrangements;

    • d. The foreigner is not a danger to the public order as intended in the Articles 3.77 and 3.78 or national security;

    • e. the research institution under the Article 2c of the Act as referent is recognized and for the benefit of the foreigner ' s stay a statement as intended Article 2a, first paragraph, of the Law has travelled.

  • 3 The application is not rejected on the ground that the research institution does not Article 2c of the Act as referent is recognized or for the benefit of the foreigner's stay no statement as intended Article 2a, first paragraph, of the Law has travelled, if the alien has the Turkish nationality. In that case, the research institution shall not be designated as referent.


Article 3.34 [ Verfall by 01-06-2013]

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Article 3.35 [ Expaed by 01-06-2013]

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Article 3.36 [ Expired by 01-06-2013]

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Article 3.37 [ Expired by 01-06-2013]

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Article 3.38 [ Expired by 01-06-2013]

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Article 3.39

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The residence permit or residence permit may be granted to the foreigner under a restriction related to learning activities for a specified period of time:


Article 3.40

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  • 1 The residence permit may be granted for a specified period of time under a restriction related to residence as non-privileged military or non-privileged civilian personnel to:

    • a. The military person residing in the Netherlands and not belonging to an armed force in the Netherlands or on transit is not affiliated to a established international military headquarters and is not a privileged person;

    • b. the foreigner belonging to the civilian staff, who lives in the Netherlands and who is employed by a force of war or of an international military headquarters.


Article 3.41

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  • 1 The residence permit for some time may be subject to a restriction, related to study, to the foreigner, who is subject to a Article 2c of the Act is, or will be registered as a referent, educational institution and to that institution:

    • a. full-time shoger or scientific education shall follow or follow that accredited or assessed in the form of the new training test, or as preparing for that education;

    • b. attend or follow full-time secondary education or vocational education, for which the Netherlands is the most appropriate country in the judgment of our Minister, and with which the foreigner can make a positive contribution to the judgment of Our Minister to the development of the country of origin; or

    • c. following the training or study designated by our Minister after consultation with our Minister, who is the subject of the matter;

  • 2 The application is not rejected on the ground that the higher education institution is not Article 2c of the Act if the student referred to in Article 2 (b) of Directive 2004 /114/EC fulfils all the conditions set out in Articles 6 and 7 of that Directive, the reference shall be recognised.

  • 3 The application is not rejected on the ground that it is not a full-time education, if the foreigner is a long-term resident and pursues or wants to follow higher education or vocational education.


Article 3.41a [ Expat per 01-06-2013]

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Article 3.42

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  • 1 The residence permit may be granted for a specified period of time under a restriction related to the search for and pursuit of employment or self-employment to a foreigner who, in the three years immediately preceding the application, is:

    • a. having completed an accredited bachelor or master degree in a Dutch higher education institution;

    • b. has carried out scientific research on the basis of a residence permit for certain time under the restriction of scientific research within the meaning of Directive 2005 /71/EC or under the restriction of labour as a knowledge migrant;

    • c. has completed a postgraduate course of at least 12 months in the Netherlands;

    • d. Training has been completed within the framework of the Law on the specific cultural policy or have completed training provided within the framework of the development cooperation policy of the Ministry of Foreign Affairs or an Erasmus Mundus Masters Course;

    • e. has completed or has been promoted to a foreign educational institution designated by a ministerial arrangement or a postgraduate course of at least 12 months, and:

      • 1 ยฐ. has achieved a minimum score of 6.0 with the International English Language Testing System,

      • 2 ยฐ. a comparable minimum score has been scored in an English language test as included in the Code of Conduct International Student Higher Education,

      • 3 ยฐ. holds a diploma, certificate or document as referred to in Article 2.3, first paragraph, of the Act of Citizens , or

      • 4 ยฐ. his Master's or postgraduate course has received English or Dutch;

    • f. has completed a higher education training designated by ministerial arrangement.

  • 2 The residence permit shall not be reinstated if the alien has previously held, on the basis of completion of the same course of training or the conduct of the same examination, a residence permit under a restriction the search for and pursuit of employment as an employed or self-employed person.


Article 3.43

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  • 1 The residence permit for a specified period of time may be granted, under a restriction, to the foreigner:

    • a. staying temporarily in the Netherlands or wishing to stay in the framework of an exchange programme approved by our Minister after consultation with our Minister of Social Affairs and Employment Article 2c of the Act exchange organisation recognised as a referent;

    • b. that meets the age requirements to be established by ministerial arrangement;

    • c. who has not previously held a residence permit under a restriction related to exchange;

    • d. whose timely departure from the Netherlands to the judgment of Our Minister is reasonably guaranteed.

  • 2 The application is not rejected on the ground, referred to in paragraph 1 (a) if there is work under a Working Holiday Scheme or Working Holiday Programme, which is in a Memorandum of Understanding. approved by Our Minister and Our Minister for Social Affairs and Employment.

  • 3 Under ministerial arrangements, rules may be laid down concerning:

    • a. Exchange programmes referred to in point (a) of the first paragraph;

    • b. The grant of the residence permit in implementation of international obligations.


Article 3.44 [ Expired by 01-06-2013]

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Article 3.45 [ Expaed by 01-06-2013]

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Article 3.46

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  • 1 The residence permit for some time may be granted subject to a restriction on the subject of medical treatment if the Netherlands is the most appropriate country in the judgment of our Minister for undergoing medical treatment. of a necessary medical treatment and the funding of that medical treatment to the judgment of Our Minister ' s proper is settled.

  • 2 The residence permit provided for in paragraph 1 may also be granted to the foreigner of Surinam nationality who has come to the Netherlands on a medical indication and in possession of a visa for that purpose, if: the medical treatment in the Netherlands is medically necessary six months after his entry into office and the financing thereof has been duly settled in the judgment of Our Minister.

  • 3 The foreigner signs a medical certificate, encouraging him to grant permission for medical examination, to the extent that that examination is necessary for the application of the first and second members.

  • 4 The application is not rejected on the basis of Article 16, first paragraph, point (k) of the Law The application is not rejected either on the basis of Article 16 (1) (c) nor the fact that the financing of medical treatment is not properly regulated, if the foreigner has at least one year immediately preceding the request lawful residence as intended in Article 8 (j) of the Act has had.


Article 3.47 [ Expired by 01-06-2013]

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Article 3.48

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  • 1 The residence permit for some time may be granted, subject to a restriction, with temporary humanitarian grounds to the foreigner who:

    • a. Victim-declarant of trafficking in human beings, in so far as there is a criminal investigation or investigation into, or trial of, the accused of the criminal offence of which a declaration is made;

    • b. A victim of trafficking in human beings, in so far as there is a criminal investigation or investigation into, or trial of, the actual construction of the accused of the offence, intended to be carried out in the Article 273f of the Code of Criminal Law , and the victim shall cooperate in any way other than by means of declaration;

    • c. witness-declarant of trafficking in human beings, to the extent that there is a criminal investigation or investigation into, or trial of, the accused of the criminal offence declared and the residence of the person concerned; in the Netherlands from the witness-declarant to the judgment of Our Minister in the interests of the search or prosecution of the accused is necessary;

    • d. having been a victim of human trafficking without a residence permit and having no means of making a declaration or otherwise not cooperating with the criminal investigation and prosecution of the human trafficker, for serious reasons;

    • e. has become a victim, or is threatened with the violence of honour, without a residence permit;

    • f. has become a victim, or is threatened by domestic violence, without residence permit; or

    • g. having been a victim of labour-related exploitation, or as a minor without a residence permit, has become a victim of work-related exploitation, in so far as there is a criminal investigation or investigation into, or where the former employer and the foreigner cooperate, or, if the investigation or prosecution has already been completed, to the extent that there has been a payment procedure in the cantonal courts as Intended in Article 23 (5) of the Labour Act .

  • 2 The residence permit may also be granted to:

    • (a) aliens who are unable to leave the Netherlands outside their debt; and

    • b. Other aliens other than those referred to in the first paragraph.

  • 4 In the case of ministerial arrangements, detailed rules may be laid down for the application of the first and second paragraphs.


Article 3.49

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  • 1 The residence permit may be granted for a specified period of time subject to a restriction on the subject of a request for a decision on a request as referred to in Article 3 (1). Article 17 of the Law on the Netherlands Government Act to the foreigner in the Netherlands who applied to the Court of Justice in The Hague for the establishment of his Dutchship, if that request, in the opinion of Our Minister, is not manifestly defaced from any land.


Article 3.50

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  • 1 The residence permit for some time is subject, subject to a restriction, to non-temporary humanitarian grounds to the foreigner who:

    • a. as a minor holder of a residence permit subject to a restriction relating to residence as a family or family member of a Dutchman or a foreigner with a non-temporary right of residence within the meaning of Article 3.5 , and

    • b. for more than one year holder has been the holder of the residence permit referred to in subparagraph (a) or the Netherlands is born of parents with non-temporary right of residence within the meaning of Article 3.5 .

  • 2 For the purposes of the first paragraph, a person with a non-temporary right of residence shall not be the holder of the residence permit granted asylum for some time.

  • 3 The residence permit is granted unless:

    • a. The foreigner has supplied inaccurate data or has withheld information which would have led to the original application being rejected;

    • b. The alien constitutes a danger to national security;

    • c. the application with application of the Articles 3.86 or 3.87 can be rejected, or

    • d. the foreigner has moved the main residence outside the Netherlands.

  • 4 If one of the parents is established in the Netherlands and has the Dutch nationality, the residence permit is granted to the minor stranger, unless the foreigner has provided incorrect data or has data left behind which would have led to the rejection of the original application, or the foreigner has moved the main residence outside the Netherlands.


Article 3.51

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  • 1 The residence permit for a specified period of time may be granted under a restriction, related to non-temporary humanitarian grounds to the foreigner, who:

    • a. for five years in the Netherlands, as a holder of a residence permit under the restriction, mentioned below 1 ยฐ, or is staying in the Netherlands for a period of three years under a restriction, mentioned below 2 ยฐ or 3 ยฐ:

      • 1. stay as family or family member of a person with a non-temporary right of residence;

      • 2. medical treatment, to the extent that medical treatment in the judgment of our Minister will be necessary for at least one year in the Netherlands;

      • 3 ยฐ. temporary humanitarian grounds;

    • b. after his expulsion on the grounds of Article 64 of the Act has remained in the Netherlands for one year, staying in the Netherlands for two years as a holder of a residence permit subject to a restriction related to medical treatment, provided that such medical treatment is in the opinion of Our Minister be necessary for at least one year in the Netherlands;

    • c. Holder has been a residence permit subject to a restriction relating to residence as a family or family member of a person with a non-temporary right of residence, if the relationship between the foreigner and that person through death of that person has been broken;

    • d. is a Dutch-born and bred Dutch-Dutchman;

    • e. a majority-year-old, born outside the Netherlands, is a Dutchman who is resident in a country other than that of which he is a national and has, in the judgment of our Minister, special links with the Netherlands;

    • f. underage is provided in its reception and legal representation in the Netherlands and which:

      • 1 ยฐ. for ten years legally resided in the Netherlands as intended Article 8 (a) to (e) or (l) of the Act , or as a Dutchman, or

      • 2 ยฐ. before submission of the application for five years has been lawfully resident in the Netherlands as intended Article 8 (a) to (e) or (l) of the Act , or as a Dutchman, to the extent that the Netherlands is the most appropriate country for the foreigner, according to the judgment of our Minister;

    • g. is eligible for return option on the basis of Article 8 of the Law on Migration , provided that he has not previously made use of the return option, his application for re-admission has been received within one year following the remigration from the Netherlands and he immediately prior to the remigration:

      • 1. as a remigrant from the Netherlands, had been reemigrated on the basis of the Law on Remigration ;

      • 2 ยฐ. as a multi-emigrated partner of the remigrant for three consecutive years had lawful residence as intended Article 8 of the Act or as a Dutchman;

      • 3 ยฐ. as a multi-emigrating minor child of the remigrant had lawful residence as intended in Article 8 of the Act or, as a Dutchman, whatever the duration of the period thereof, and at the same time requesting the remigrant for re-admission, or

      • 4 ยฐ. as a multi-emigrating minor child of the remigrant had lawful residence as intended in Article 8 of the Act or, as a Dutchman, irrespective of the duration thereof, and on their own request for re-admission if he has become majority-age within one year of remigration;

    • h. has been in possession of a residence permit for at least one year as a victim of trafficking in human beings who, for major reasons, cannot or does not wish to make a declaration or otherwise not cooperate or wish to cooperate in criminal proceedings the search and prosecution of the human trafficker;

    • i. has been in possession of a residence permit for at least one year as a victim of honor related violence or threat of honor related violence as intended Article 3.48, first paragraph, point (e) ;

    • j. has been in possession of a residence permit for at least one year as a victim of domestic violence or threat domestic violence as intended Article 3.48, first paragraph, point (f) ;

    • k. because of special individual circumstances in the judgment of our Minister permanently residing in the Netherlands.

  • 2 By way of derogation from the first paragraph, introductory wording and point (a), first of all, the residence permit may also be granted, if the foreigner:

    • a. Immediately prior to the filing of the application two years lawful stay in the Netherlands as intended in Article 8 (a) of the Act has had as a family member of a holder of a European Blue Card issued by Our Minister, and

    • b. at the time the application was received or the order is given, if family member of the holder of the European Blue Card referred to in subparagraph (a) has had legal and continuous residence in the territory of the European Blue Card for at least five years. a State party to the Treaty on the Functioning of the European Union.

  • 3 The residence permit may also be granted to foreign nationals other than those specified in the first and second paragraphs. Rules may be laid down under a ministerial arrangement.

  • 4 The application is not rejected on the basis of Article 16, first paragraph (c) and (k) of the Act . The application is not rejected either under Article 16, first paragraph (b) of the Law, if the application has been filed by the foreigner referred to in paragraph 1 (d).

  • 5 Article 3.80a shall apply to the aliens referred to in paragraph 1 (a), first of all, and second paragraph, of the European Union.

  • 7 For the purposes of application of paragraph 1 (a) (a) (c) and (c), a person with a non-temporary right of residence shall not be understood to mean the holder of the residence permit for a period of time.

  • 8 The authorisation under the restriction, relating to non-temporary humanitarian grounds, may also be granted to the foreigner, to whom Article 13 of the Association Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association shall be subject to the following conditions:

    • a. to him the in Article 3.31b has been authorised and, at the latest at the time of expiry of the period of validity of that licence, has a place of work for another year enabling him to provide, independently and sustainably, sufficient means of existence as referred to in the Articles 3.73 to 3.75 acquires, or

    • b. he shall be staying in the Netherlands for three years as a residence permit under a restriction relating to residence as a family or family member of a person with a non-temporary right of residence, and is satisfied with the conditions laid down for the residence of a residence permit. extending the period of validity of the original residence permit.


Article 3.52 [ Expired by 01-06-2013]

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Article 3.53 [ Expired by 01-06-2013]

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Article 3.54 [ Expat per 01-06-2013]

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Article 3.55 [ Expired by 01-06-2013]

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Article 3.56 [ Expired by 01-06-2013]

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Article 3.56a [ Expired by 01-06-2013]

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Paragraph 2. Expiration Of Approval

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Article 3.57

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  • 1 The residence permit, which applies to Article 14, second paragraph, of the Law of the order of its own motion shall be granted from the day following the day of issue of the authorisation until the date of the date of the date of issue to the alien in person.

  • 2 By way of derogation from the first paragraph, the residence permit may be granted from the day of issue when the provisional stay is issued as the day on which the foreigner will enter the Netherlands.


Article 3.58

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  • 1 A residence permit for a specified period of time for the purpose of the residence referred to in column I may be granted in the first instance for the period of validity, referred to in column II, and may be extended, provided that this is provided for in column III.

    I. Residence objective II. Validity period III. Extendable

    a. "Stay as family or family member"

    For the duration of the right of residence or the privileged status of the main person, but not more than five years

    Each time not exceeding five years

    b. "Stay as an economically inactive long-term resident or weary foreigner"

    No more than five years

    Each time not exceeding five years

    c. "Employment as self-employed"

    No more than two years or not more than one year if the residence permit has been granted on the basis of Article 3.30, sixth paragraph

    For no more than five years, but not renewable after one year if the extension is based on Article 3.30, sixth paragraph

    d. "Labour as a knowledge migrant"

    The duration of the contract of employment, appointment, host agreement or work, but not more than five years

    Each time not exceeding five years

    e. "Stay as a holder of the European Blue Card"

    The duration of the contract of employment, as set out in Article 3.30b, first paragraph, point (a) , supplemented by three months, but not more than four years

    Each time not exceeding four years

    f. "Seasonal work"

    Up to 24 weeks

    Non-extendable after 24 weeks

    g. "Employed labour"

    The period of validity, mentioned in Article 14, fifth paragraph, of the Law

    Renewable for no more than:

    -one year,

    -three years in the case of application of Article 8 (b) and (c) of the Labour Act , or

    -five years, if the foreigner is free on the labour market or a treaty is required to do so

    h. "Cross-border service"

    The duration of the work as stated in the Article 1st, 2nd paragraph, of the Act implementing Law Labour aliens statement provided by the service provider, with a maximum of two years

    Non-extendable after two years

    i. "Scientific research within the meaning of Directive 2005 /71/EC"

    The duration of the contract of employment, appointment, host agreement or work, but not more than five years

    Each time not exceeding five years

    j. "Lating works"

    Not more than one year

    Non-extendable after one year

    k. "Labour as a non-privileged military or non-privileged civilian staff"

    The duration of the contract of employment, appointment, host agreement or work, but not more than five years

    Each time not exceeding five years

    l. "Study"

    The duration of the study, including its preparation and finalisation, but not more than five years

    Each time not exceeding five years

    (m) "The search for and provision of employment or self-employment"

    Not more than one year, and, if it is the licence, Article 3.31b , as regards, as much longer as the foreigner had no access to the labour market because of the lack of a residence permit

    Non-extendable after one year

    n. "Exchange, whether or not in the context of a treaty"

    Not more than one year

    Non-extendable after one year

    o. "Medical treatment"

    Not more than one year or for five years, if the medical treatment of our Minister is permanently bound to the Netherlands.

    Each time not exceeding one year

    p. "Temporary humanitarian grounds"

    Not more than one year

    Each time not exceeding one year

    q. " The waiting for a request based on Article 17 of the Law on the Netherlands Government Act '

    Not more than one year

    Each time not exceeding one year

    r. "Non-temporary humanitarian grounds"

    No more than five years

    Each time not exceeding five years

  • 2 By way of derogation from the first paragraph, under p, the residence permit may be granted for a period of five years for the single minor aliens, subject to a limitation, relating to temporary humanitarian grounds:

    • a. less than 15 years of age at the time of the first request for residence in the Netherlands; and

    • b. who, in the opinion of our Minister, is lacking adequate care in the country of origin or any other country where he can reasonably go to, by local standards, or not to receive such adequate reception outside his or her own country of debt. may be realized within three years of the first residence request.

  • 3 By way of derogation from the first paragraph, points (o) and (p), the residence permit may, subject to a restriction, be granted or renewed for a longer period of validity than one of the temporary humanitarian grounds for medical treatment under a medical treatment. year if at least one year has elapsed between the application and the decision. In that case, the period of validity of the residence permit shall be the period between the application and the decision, supplemented by a period of one year.


Article 3.59 [ Expired by 01-03-2016]

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Article 3.59a [ Verfall by 01-06-2013]

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Article 3.59b [ Expired by 01-06-2013]

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Article 3.59c [ Expat per 01-06-2013]

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Article 3.59d [ Expired by 01-03-2016]

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Article 3.60 [ Expired by 01-06-2013]

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Article 3.61 [ Expated by 15 -05-2004]

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Article 3.62 [ Expired by 01-06-2013]

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Article 3.63 [ Expired by 01-06-2013]

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Article 3.64 [ Expaed by 01-06-2013]

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Article 3.65 [ Expat per 01-06-2013]

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Article 3.66 [ Expired by 01-06-2013]

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Article 3.67 [ Expired by 01-06-2013]

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Article 3.68 [ Exp. by 01-06-2013]

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Article 3.69 [ Expired by 01-06-2013]

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Article 3.70 [ Expired by 01-06-2013]

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Paragraph 3. The rejection of the application

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Article 3.71

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  • 1 The application for the grant of a residence permit shall be rejected for a specified period if the foreigner does not have a valid authorisation until provisional stay.

  • 2 From the requirement of a valid permission to stay is, on the basis of Article 17, first paragraph, point (g) of the Law , the foreigner shall be exempt:

    • (a) is the holder of a valid residence permit issued by another State applying the Schengen acquis in full, which is the foreign equivalent of a residence permit as referred to in the Article 14 or 20 of the Act , making the application through a recognised referent and being eligible for a residence permit for some time or that as the spouse, registered or unmarried partner or the underage child of that spouse, partner, or other person. holder for stay in that holder is placed in possession of such a residence permit, submit the application through a recognised referent for residence as a family or family member of that holder and be eligible for a residence permit. Residence permit or residence permit for some time;

    • b. 12 years of age, who was born in the Netherlands and in the judgment of our Minister, is in fact still belonging to the family of a parent who

    • c. residing in the Netherlands on the basis of a privileged status as a family member of a staff member of a foreign diplomatic or consular office accredited in the Netherlands who is himself eligible for the residence permit. for an indefinite period;

    • d. having worked for at least seven years or has been on a Dutch seagoing vessel or a mining plant on the continental shelf;

    • (e) who is eligible for a residence permit under Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association or of whom expulsion would be contrary to the Agreement concluded in Ankara on 12 September 1963. Agreement establishing an association between the European Economic Community and Turkey (Trb. 1964, point 217), the Additional Protocol to that Agreement was established in Brussels on 23 November 1970 (Trb. 1971, 70) or that Decision No 1/80;

    • f. which is eligible for the residence permit for a limited period of time subject to a restriction on cross-border provision of services;

    • g. residing in the Netherlands, has lodged an application with the Court of Justice in The Hague for the establishment of his Dutch authority which, in the opinion of our Minister, is not manifestly defaced from any ground;

    • (h) who has temporary protection and is eligible for the residence permit for some time subject to a restriction on seasonal work, paid employment, employment as a knowledge migrant or self-employed person;

    • (i) who holds a residence permit for researchers within the meaning of Directive 2005 /71/EC issued by another State Party to the Treaty on the Functioning of the European Union, or the spouse, partner or underage of the European Union; child is of the holder, unless family formation is involved;

    • j. that stay is intended for medical treatment and which at least one year immediately prior to the application is lawful residence as intended in Article 8 (j) of the Act has had;

    • k. that is underage, school is and has three years of continuous head residence in the Netherlands and has applied for a residence permit to be granted for some time under a restriction related to: family reunion with a Dutchman or a main person with lawful residence, as intended Article 8 (a) to (e) or (l) of the Act ;

    • l. whose expulsion would be contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

    • m. who is the biological or legal parent who has authority over and set up with a minor foreigner who holds a residence permit for certain time that has been granted with application of Article 3.46 or that the minor brother or sister of that holder, who is under the authority of that parent, is of the holder and is set up with the parent and the holder;

    • n. who is the spouse, registered partner or partner, or the biological or legal child under the lawful authority, of a majority-year-old foreigner who holds a residence permit for certain periods of time which is the holder of a residence permit; granted with application of Article 3.46 , with the holder being set up and staying with that holder;

    • The Netherlands is set up as a holder of a valid Dutch national passport and after the finding that the passport has been issued incorrectly, still applying for a residence permit to be subject to a certificate. stay for adoption, unless incorrect information has been provided which have resulted in the issue of that passport;

    • p. who is an underage child of a holder of a residence permit as intended Article 3.48, first paragraph, point (a), (b) or (c) , and under the authority of, and staying with, that holder;

    • q. who is eligible for a residence permit as intended in Article 3.48, first paragraph, introductory wording and point d, e or f , or the minor child of that foreigner who is under the authority of and residing with that foreigner;

    • (r) who holds the European Blue Card issued by the authorities of another State Party to the Treaty on the Functioning of the European Union and holds it in that State for at least 18 months as a holder of that card. has stayed.

  • 3 Our Minister may leave the first paragraph out of application, in so far as its application to his judgment will lead to an inequity of that kind.


Article 3.71a

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  • 1 A foreigner has knowledge at the basic level of the Dutch language and of the Dutch society as referred to in Article 16, first paragraph, point (h) of the Act , if within one year immediately prior to the application for the authorisation until provisional stay, the basic examination, intended to be carried out in Article 3.98a -It has come to a good end.

  • 2 The application for grant of a residence permit for certain time is not rejected on the basis of Article 16, first paragraph, point (h) of the Act , if the foreigner:

    • a. In the Netherlands, reside as a member of the family of a holder of a residence permit asylum for certain or indefinite periods of time or an EU residence permit for long-term residents if the document provided to the foreigner is intended to reside in the Netherlands. Article 9 of the Act , the endorsement referred to in point Article 45c, 1st paragraph, of the Law entered;

    • (b) under the legislation of a Member State of the European Union or of another State which is a party to the Agreement on the European Economic Area, has fulfilled a requirement for an entry into force for the status of long-term resident within the meaning of Directive on long-term residents;

    • c. to the satisfaction of our Minister of Social Affairs and Employment has been shown by a mental or physical barrier not being able to be the basic exam in civil society, intended Article 3.98a , to be laid down;

    • d. the basic exam in civilian use, intended in Article 3.98a , having failed to do so, and rejecting that application in the opinion of our Minister for Social Affairs and Employment, would lead to an inequity of the kind.

  • 3 In the case of ministerial arrangements, detailed rules may be laid down for the application of the second paragraph, points (a) and (b), and detailed rules may be laid down by ministerial arrangement concerning the application of the second paragraph, parts c and d.


Article 3.72

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An application for the grant of a residence permit shall not be applied on the basis of a Article 16, first paragraph, point (b) of the Act rejected, if, in the opinion of Our Minister, the foreigner has shown that he cannot or may not be placed in possession of a valid border crossing document because of the government of the country of which he is a national.


Article 3.73

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  • 1 The in Article 16, first paragraph, point (c) of the Act of the means of existence shall in any case be independent, if acquired from:

    • a. Employed by law, in so far as the required premiums and taxes have been paid;

    • b. statutory employment as a self-employed person, in so far as the required premiums and taxes have been paid;

    • c. income replacement benefits under a social insurance act for which premiums have been paid, or

    • d. own funds, insofar as the source of income is not impaired and the required taxes have been paid off.

  • 2 In the case of ministerial arrangements, rules may be laid down concerning the first paragraph.


Article 3.74

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  • 3 In the case of ministerial arrangements, detailed rules may be laid down on the preceding paragraphs. In so doing, cases may be identified in which the Article 16, first paragraph, point (c) of the Act shall be sufficient means of existence if the income is at least equal to a combination of the standard amounts set out in paragraphs 1 and 2.

  • 4 The standard amounts referred to in the preceding paragraphs shall be published by Our Minister.


Article 3.75

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  • 2 Resources of existence obtained from own funds shall be durable if they have been available for a continuous period of one year and are still available at the time the application is received or the decision is made given.

  • 3 By way of derogation from paragraph 1, the means of existence of self-employed employment shall also be durable if at the time the application is received or the decision is given for a continuous period of three years an annual sufficient amount of self-employed activity has been acquired and the means of existence are still available. If an unemployment benefit has been received during the three-year period for a total of not more than twenty-six weeks, that benefit shall be treated as an income of paid employment.

  • 4 In the case of a ministerial arrangement, detailed rules may be laid down regarding the sustainability of resources of existence.


Article 3.76 [ Exp. by 01-06-2013]

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Article 3.77

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  • 1 The application for grant of a residence permit may be applied for some time on the basis of: Article 16, first paragraph, point (d) of the Law be rejected because of danger to public order, where:

    • a. there are serious grounds for suspecting that the foreigner has engaged in conduct as referred to in Article 1F of the Refugee Convention;

    • b. The foreigner, the spouse, minor child, partner or adult child, intended in Article 29, second paragraph, points (a) and (b) of the Act , is of a foreigner staying in the Netherlands with regard to whom there are serious grounds to presume that it has been guilty of conduct as referred to in Article 1F of the Refugee Convention, or

    • The alien is sentenced to an unconditional prison sentence or unconditional detention, to an unconditional measure as intended for the purpose of Article 37a , 38m or 77h, fourth paragraph (a) or (b) of the Penal Code -a penalty or an unconditional fine, or if he has accepted a transaction offer or has been issued against him in respect of a crime.

  • 2 In the application of paragraph 1 (c), the infringement of public order, which has been committed outside the Netherlands, shall be subject to the condition that it confers a criminal offence under Dutch law.

  • 3 In the application of the first and second members, there shall be no meaning for gration.

  • 4 In case the application relates to residence as family or family member Our Minister shall, when applying the first paragraph (c), take into account, at least, the nature and attachment of the foreigner ' s family relationship and the duration of his stay, as well as the existence of family ties or cultural or social ties with the country of origin.

  • 5 In case the application has been submitted by a foreigner who holds an EU residence permit for long-term residents issued by another state party to the Treaty on the Functioning of the European Union, Our Minister for the application of paragraph 1 (c), taking into account the seriousness of the infringement or the kind of infringement on public order by the long-term resident or his member of the family, or of the danger that of the person concerned. long-term resident or family member.

  • 6 When applying the fifth paragraph, our Minister shall also take into account the age of the foreigner, the consequences for the alien and the members of his family, the existence of links with the Netherlands or the absence of links with the country of origin.

  • 7 The application, referred to in the first paragraph, may be rejected at the Article 16, first paragraph, point (i) of the Act of the said land, unless the foreigner has remained outside the Netherlands for at least five years since the last eviction or the last controlled departure.

  • 8 The application, referred to in the first paragraph, may be rejected at the Article 16, first paragraph, point (j) of the Law of the said land, unless the foreigner has remained outside the Netherlands for at least five years since the last eviction or the last controlled departure.

  • 9 The application, referred to in paragraph 1, may also be rejected on the basis of Article 16, first paragraph, point (j) of the Law , except where the period of residence is only during the lesser of the aliens of the foreigner, or the foreigner:

    • a. who was left behind as a spouse, partner or underage child in the country of origin by the person who had previously been allowed to stay;

    • b. who has experienced domestic violence from the person who had previously been allowed to stay;

    • c. who has experienced the same gender-related violence;

    • d. who cannot return to his country of origin from his fault because the authorities of that country do not cooperate in it,

    • e. to whom Our Minister Article 3.71, third paragraph Applies.

  • 10 The application, referred to in the first paragraph, may be rejected on the basis of Article 16, first paragraph, point (i) or (j) of the Act , except where it concerns a foreigner who:

    • (a) is eligible for a residence permit under Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association; or

    • (b) not to be expelled for reasons that his expulsion would be contrary to the Agreement establishing an association between the European Economic Community and Turkey (Trb), which was signed in Ankara on 12 September 1963. 1964, point 217), the Additional Protocol to that Agreement was established in Brussels on 23 November 1970 (Trb. 1971, 70) or that Decision No 1/80.

  • 11 The foreigner of 12 years of age or older signs an antecedent declaration. The model of the declaration shall be adopted by ministerial order.


Article 3.78

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Outside of the cases specified in Article 3.77 , the application for the grant of a residence permit may, for some time, apply only on the basis of: Article 16, first paragraph, point (d) of the Law be rejected as a result of danger to public order, where serious interests are taken into account in the opinion of Our Minister.


Article 3.79

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  • 1 The application for the grant of a residence permit for a specified period of time may only be applied on the basis of: Article 16, first paragraph, point (e) of the Act may be rejected if the foreigner is not prepared to carry out or not carry out an investigation into, or treatment for, tuberculosis.

  • 2 The application may not be based on Article 16, first paragraph, point (e) of the Act may be rejected, if the foreigner holds the nationality of one of the countries to be determined by ministerial arrangement, is long-term resident or as a family member of a long-term resident in another State which is a party to the Convention on the functioning of the European Union.


Article 3.79a

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  • 1 The application for a residence permit for a limited period of time is subject to a restriction on seasonal work, employment, employment, employment as a migrant, stay as a holder of the European Blue Card whether scientific research within the meaning of Directive 2005 /71/EC is not rejected on the ground that the employer is not Article 2c of the Act as referent is recognized or for the benefit of the foreigner's stay no statement as intended Article 2a, first paragraph, of the Law where the alien has the nationality of Turkey, in which case the employer is not designated as a referent.

  • 2 In the case of ministerial arrangements, detailed rules may be laid down on cases where the application for a residence permit may be applied for a specified period of time for the implementation of treaties or decisions of international organisations is not rejected for the reason that for the purposes of the residence of the foreigner no statement as intended Article 16, first paragraph, point (k) of the Law , has been submitted. In so doing, detailed rules may be laid down regarding the designation as a reference.


Paragraph 4. Amendment and renewal

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Article 3.80

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  • 1 The application for amendment or extension of the period of validity of the residence permit shall be submitted in due time, if it is received no later than the day before the expiry of the period of validity, or if received at a later date, if the non-collision is not attributable to the alien.

  • 2 The non-timely application for amendment or extension of the validity of the residence permit shall be treated as an application for the granting of the residence permit.


Article 3.80a

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  • 4 Our Minister may also leave the first member to be excluded, in so far as its application to his judgment will lead to an injustice of the nature of the matter.

  • 5 By ministerial arrangement, rules may be laid down concerning the rejection of the application for change of residence permit in cases other than those referred to in paragraph 1, and on the application of the second paragraph, point (e) and third paragraph.


Article 3.81

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Without prejudice Article 3.80a , an application for change of residence permit shall be evaluated for certain time as an application for the granting of a residence permit, subject to the condition that the Articles 3.71 , 3.77 , 3.78 and 3.79 Do not apply and the Articles 3.86 and 3.87 apply mutatis mutandis, if the application has been submitted in due time.


Article 3.82

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  • 2 The first paragraph shall not apply if the foreigner:

    • a. has established its main residence outside the Netherlands;

    • b. has supplied inaccurate data or has withheld data, whereas those data would have led to the refusal or extension of the original application; or

    • c. wants to stay in the Netherlands for the purpose of carrying out seasonal work or working.


Article 3.83

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The application for extending the period of validity of a residence permit for a certain period of time shall not be based on: Article 18, first paragraph, point (b) of the Law rejected, if, in the opinion of Our Minister, the foreigner has shown that he cannot or may not be placed in possession of a valid border crossing document because of the government of the country of which he is a national.


Article 3.84

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  • 1 The application for an extension of the validity of a residence permit for certain periods of time is not based on the Article 18, first paragraph, point (c) of the Law Rejected for reasons that the foreigner provided incorrect information or withheld information which would have led to the original application being refused or renewed, if there has been extension since the grant of the original application the date of expiry of the residence permit or change of residence period is 12 years.

  • 2 The first paragraph shall not apply if the holder of the European Blue Card has falsified, altered or fraudulethan that card.


Article 3.85

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Article 3.86

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  • 1 The application for extending the validity period of the residence permit may be rejected for some time on the basis of Article 18, first paragraph, point (e) of the Law in the event of a risk to public order, where:

    • a. The foreigner with a stay of less than three years of less than three years for a crime against which a sentence of two years or more is threatened, in the event of an irrevocable order of imprisonment or imprisonment, or of a duty or imprisonment, or a measure as referred to in Article 37a , 38m or 77h, fourth paragraph (a) or (b) of the Penal Code has been imposed, imposed by an irrevocable criminal act, or has been imposed on the external equivalent of such a penalty or measure, and the total duration of the unconditionally enforced parts of those sentences measures at least equal to the standard referred to in the second paragraph, as referred to in the third paragraph of this paragraph;

    • b. The foreigner for a crime against which a prison sentence of three years or more is threatened, when rendered irrevocably, a prison sentence or a detention order, a task penalty or a measure as referred to in Article 37a , 38m or 77h, fourth paragraph (a) or (b) of the Penal Code has been imposed, imposed by an irrevocable criminal act, or has been imposed on the external equivalent of such a penalty or measure, and the total duration of the unconditionally enforced parts of those sentences and measures at least equal to the standard referred to in the second paragraph, as referred to in the third paragraph of this paragraph.

  • 2 The standard referred to in paragraph 1 shall be a prison sentence for a criminal offence at which a sentence of six years or less is under threat, a period of stay of:

    less than 3 years:

    1 day;

    at least 3 years, but less than 4 years:

    5 months;

    at least 4 years, but less than 5 years:

    7 months;

    at least 5 years, but less than 6 years:

    15 months;

    at least 6 years, but less than 7 years:

    18 months;

    at least 7 years, but less than 8 years:

    22 months;

    at least 8 years, but less than 9 years:

    27 months;

    at least 9 years, but less than 10 years:

    33 months;

    at least 10 years, but less than 15 years:

    40 months;

    At least 15 years:

    65 months.

  • 3 The standard referred to in paragraph 1 shall be a prison sentence for a criminal offence at which a prison sentence of more than six years has been threatened, with a period of stay of:

    less than 3 years:

    1 day;

    at least 3 years, but less than 4 years:

    4 months and 2 weeks;

    at least 4 years, but less than 5 years:

    6 months;

    at least 5 years, but less than 6 years:

    12 months;

    at least 6 years, but less than 7 years:

    15 months;

    at least 7 years, but less than 8 years:

    18 months;

    at least 8 years, but less than 9 years:

    22 months and 2 weeks;

    at least 9 years, but less than 10 years:

    27 months;

    at least 10 years, but less than 15 years:

    30 months;

    At least 15 years:

    48 months.

  • 4 The application may also be rejected on the basis of Article 18, first paragraph, point (e) of the Law If, on account of at least three offences, the alien is sentenced to imprisonment or imprisonment, or a sentence of imprisonment, or a measure as referred to in Article 1, a sentence of imprisonment or detention, Article 37a , 38m or 77h, fourth paragraph (a) or (b) of the Penal Code has been imposed, imposed by an irrevocable criminal act, or has been imposed on the external equivalent of such a penalty or measure, and the total duration of the unconditionally enforced parts of those sentences measures shall be at least equal to the standard referred to in paragraph 5.

  • 5 The standard referred to in paragraph 4 shall be as follows for a period of stay of:

    less than 3 years:

    1 day;

    at least 3 years, but less than 4 years:

    4 months;

    at least 4 years, but less than 5 years:

    5 months;

    at least 5 years, but less than 6 years:

    6 months;

    at least 6 years, but less than 7 years:

    7 months;

    at least 7 years, but less than 8 years:

    8 months;

    at least 8 years, but less than 9 years:

    9 months;

    at least 9 years, but less than 10 years:

    10 months;

    at least 10 years, but less than 15 years:

    12 months;

    At least 15 years:

    14 months.

  • 6 For the purposes of the preceding paragraphs, the period of residence shall mean the duration of the lawful stay as referred to in Article 3 (1) of the Treaty. Article 8 (a) to (e) or (l) of the Act or, as a Dutchman, directly prior to the moment when the offence was committed or caught.

  • 7 When calculating the standards referred to in the second and fifth paragraphs, the following shall be included:

    • a. Where a duty penalty has been imposed:

      • 1. the duration of the custodial sentence laid down by the court in the case where the sentenced person does not properly carry out the sentence of the duty;

      • 2. for every two hours of penalty imposed by a criminal order: a custodial sentence of a day;

    • b. if a measure referred to in Article 77h, fourth paragraph, point (b) of the Criminal Code has been imposed: the duration of the replacement juvenile detention established by the court in case the convicted person did not cooperate properly in the implementation of the measure.

  • 8 In the application of the preceding paragraphs, the offence committed or punitive outside the Netherlands shall be considered to be an infringement of public policy, in so far as it confers on Dutch law a criminal offence against which a sentence of imprisonment of two or less than one person may be three or six years or more have been threatened and where the penalty rate is comparable to the penalty level that would have been imposed in the Netherlands when the fact would have been committed in the Netherlands.

  • 9 By way of derogation from the preceding paragraphs, the application shall not be rejected if the foreigner is a minor and one of his parents is established in the Netherlands with Dutch nationality.

  • 10 By way of derogation from the preceding paragraphs, the application shall not be rejected for a period of 10 years, unless there is any:

  • 11 By way of derogation from the preceding paragraphs, the application may also be made on the basis of Article 18, first paragraph, point (e) of the Law shall be rejected if:

    • a. there are serious grounds for suspecting that the foreigner has engaged in conduct as referred to in Article 1F of the Refugee Convention;

    • b. The foreigner, the spouse, minor child, partner or adult child, intended to be Article 29, second paragraph, point (a) or (b) of the Act , is of a foreigner staying in the Netherlands with regard to whom there are serious grounds to presume that it has been guilty of conduct as referred to in Article 1F of the Refugee Convention.

  • 12 In case the residence permit has been granted under a restriction relating to residence as a family or family member, our Minister, in applying the preceding paragraphs, shall in any event take due account of the nature and the attachment of the person concerned. family relationship of the alien, as well as the existence of family ties or cultural or social ties with the country of origin.

  • 13 In case the application has been submitted by a foreigner who holds an EU residence permit for long-term residents, our Minister shall, when applying the foregoing paragraphs, take into account the seriousness of the infringement or the type of infringement of public order or national security by the long-term resident or of his family member, with the danger of the long-term resident or of that family member.

  • 14 By applying the thirteenth paragraph, our Minister shall take into account the age of the foreigner, the consequences of the termination of the residence of the foreigner and members of his family, and the links with the Netherlands and the country of origin.

  • 15 By way of derogation from the preceding paragraphs, the application shall not be rejected if the alien derives the right of residence in accordance with Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association, unless his personal conduct is a matter of course present, actual and serious threat to a fundamental interest of society.

  • 16 Without prejudice to the fifteenth paragraph, the application shall not be rejected if the expulsion of the foreigner would be contrary to the Agreement concluded in Ankara on 12 September 1963 establishing an association between the European Economic Community and the Republic of Europe (hereinafter referred to as the European Commission). Economic Community and Turkey (Trb. 1964, point 217), the Additional Protocol to that Agreement was established in Brussels on 23 November 1970 (Trb. (2) 1971, 70) or Decision 1/80 of the EEC-Turkey Association Council on the development of the Association.

  • 17 The application shall not be rejected, if expulsion from the foreigner would be contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

  • 18 The foreigner of 12 years of age or older signs an antecedent certificate, the specimen of which has been established by ministerial arrangement.

  • 19 By ministerial arrangement, detailed rules may be laid down concerning the application of the twelfth to the sixteenth paragraph.


Article 3.87

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Outside of the cases specified in Article 3.86 , the application for the extension of a residence permit may, for some time, apply only on the basis of: Article 18, first paragraph, point (e) of the Law be rejected as a result of danger to public order, where serious interests are taken into account in the opinion of Our Minister.


Article 3.87a

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  • 1 The application for the extension of the validity of the residence permit for a limited period of time which has been granted for a limited period of study may in any case be based on: Article 18, first paragraph, point (f) of the Law shall be rejected, if the holder:

    • a. Not studying any more to any Article 2c of the Act educational institution recognised as a referent; or

    • Failure to achieve sufficient study progress in accordance with standards laid down by Ministerial Regulations.

  • 2 Unless the recognition as a referent from the educational establishment has been withdrawn for reason that these do not have accredited teaching within the meaning of Chapter 5A of the Law on Higher Education and Scientific Research more offers, paragraph 1 (a) does not apply if the foreigner has been admitted as a student within the meaning of Article 2 of Directive 2004 /114/EC under that Directive.

  • 3 Under ministerial arrangements, rules may be laid down regarding the application of paragraph 1 (a) and the second paragraph.


Article 3.88 [ Expired by 01-08-2012]

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Article 3.89

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  • 1 The application for extending the period of validity of a residence permit for a period of time which has been granted under a restriction relating to the provision of paid employment shall not be applied on the basis of: Article 18, first paragraph, point (f) of the Law rejected on the ground that the alien has, for a period of less than one year, paid employment with which sufficient self-sufficient means of existence are acquired. In that case, the period of validity shall be extended by a period equal to the period of employment of the foreigner.

  • 2 The application referred to in paragraph 1 shall not be rejected either on the ground that the restriction or the alien does not have sufficient resources of existence on an independent and durable basis, if the alien:

    • a. is wholly incapacitated and receives incapacity benefit; or

    • (b) work done under the Social Employment Act and entitlement to incapacity for work.


Article 3.89a

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The application for extending the period of validity of a residence permit for some time granted under a restriction related to exchange, study, employment as a knowledge migrant or scientific knowledge research within the meaning of Directive 2005 /71/EC, where the recognition of the referent has been suspended or revoked, not on the basis of Article 18, first paragraph, point (f) of the Law rejected, than after the foreigner who is in good faith has been able to meet the restriction for a period of three months.


Article 3.89b

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  • 1 The application for extending the validity of the European Blue Card can be rejected if the holder does not comply with the conditions for granting that card, as included in Article 3.30b , except for the first paragraph, point (e).

  • 2 By way of derogation from paragraph 1 (a), the application for an extension of the validity of the European Blue Card shall not apply to: Article 18, first paragraph, point (d) of the Law rejected on the ground that the holder is unemployed, unless they:

    • a. More than three consecutive months of unemployment;

    • b. has previously been unemployed during the period of validity of the European Blue Card; or

    • c. a benefit under the Participation Act requested.

  • 4 The rules governing the application of the first and second paragraphs may be laid down in the case of ministerial arrangements.


Article 3.89c

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  • 1 The application for extending the period of validity of a residence permit for some time is subject to a restriction on seasonal work, employment or employment, employment as a migrant, stay as a holder of an employment the European Blue Card, scientific research within the meaning of Directive 2005 /71/EC, is not rejected on the ground that the employer is not under Article 2c of the Act as referent is recognized or for the benefit of the foreigner's stay no statement as intended Article 2a, first paragraph, of the Law where the alien has the nationality of Turkey, in which case the employer is not designated as a referent.

  • 2 In the case of ministerial arrangements, detailed rules may be laid down concerning the cases in which the application for the extension of the period of validity of a residence permit may, for certain periods of time, be governed by the application of treaties or decisions of international organisations are not rejected for the reason that, for the purposes of the residence of the alien, no declaration as intended for the purposes of residence Article 16, first paragraph, point (k) of the Law , has been submitted. In so doing, detailed rules may be laid down regarding the designation as a reference.


Article 3.89d

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An application for an extension of the validity of a residence permit for certain periods shall not be applied on the basis of: Article 18, first paragraph, point (i) of the Law rejected if expulsion from the foreigner would be contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.


Paragraph 5. Repeal

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Article 3.90

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  • 1 The residence permit for some time which has been granted under a restriction relating to residence as a family or family member, shall not be withdrawn on the sole ground that the cohabitation is temporarily broken, if the foreigner is the person who has been permitted to stay in the event of his/her death for violence.

  • 2 The first paragraph shall not apply where a year has elapsed since the break-up of the cohabitation.


Article 3.91

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  • 1 The decision to revoke the combined authorisation shall enter into force three months after its publication, unless the combined permit has been withdrawn because the alien constitutes a danger to public order or national law. Safety. In the latter case, the decision to withdraw the combined authorisation shall enter into force from the day after it is published.

  • 2 Concurrent with the decision to revoke the first sentence of the first sentence, Our Minister replaces the old supplementary document with a new supplementary document stating that three months can be sought after working in the Wage-


Article 3.91a

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The residence permit for some time granted under a restriction related to exchange, study, employment as a knowledge migrant or scientific research within the meaning of Directive 2005 /71/EC, shall, if the duration of the the reference is suspended or revoked, not on the basis of Article 19 of the Act , in conjunction with Article 18, first paragraph, point (f) of the Law , withdrawn, except after the foreigner who has been in good faith for three months has been able to comply with the limitation.


Article 3.91b

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  • 2 Unless the recognition of the educational establishment has been withdrawn for reasons which do not offer any more accredited teaching, the first paragraph (a) shall not apply if the foreigner, as a student, within the meaning of Article 2 of Directive 2004 /114/EC fulfils the conditions laid down in that Directive for the purpose of granting a residence permit.

  • 3 Under ministerial arrangements, rules may be laid down regarding the application of paragraph 1 (a) and the second paragraph.


Article 3.91c

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The European Blue Card can be withdrawn at the Article 3.89b, first paragraph Those grounds. The second to fourth paragraphs of that Article shall apply mutatis mutandis.


Article 3.91d

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  • 1 The residence permit for a limited period of time which has been granted under a restriction related to seasonal work, employment or employment, labour as a knowledge migrant, stay as a holder of the European Blue Card, scientific research within the meaning of Directive 2005 /71/EC shall not be repealed on the ground that the employer is not Article 2c of the Act as referent is recognized or for the benefit of the foreigner's stay no statement as intended Article 2a, first paragraph, of the Law where the alien has the nationality of Turkey, in which case the employer is not designated as a referent.

  • 2 In the case of ministerial arrangements, detailed rules may be laid down on cases where the residence permit is not withdrawn for a period of time for the implementation of treaties or decisions of international organisations for reasons of reason that for the purposes of the stay of the foreigner no statement as intended Article 18, first paragraph, point (h) of the Law , has been submitted. In so doing, detailed rules may be laid down regarding the designation as a reference.


Article 3.91e

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The residence permit for some time is not on the basis of Article 19 in connection with Article 18, first paragraph, point (i) of the Act If expulsion from the foreigner would be contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.


Section 3. The residence permit for an indefinite period

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Paragraph 1. Granting

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Article 3.92

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  • 1 The residence permit for an indefinite period of time may be granted to the majority-aged foreigner who:

    • a. For the nineteenth year of life ten years lawful residence as intended Article 8 (a) to (e) or (l) of the Act has had and whose application has been received for the twenty-first life year, or

    • b. having been lawfully resident in the Netherlands for the last five years for the last five years as intended Article 8 (a) to (e) or (l) of the Act And for whom the Netherlands, in the judgment of our Minister, is the most appropriate country.


Article 3.93

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  • 1 The residence permit may be granted for an indefinite period to the age of majority who has resided in the Netherlands for ten consecutive years:

    • a. On the basis of a special privileged status, which is lost by other than by its own;

    • b. On the basis of a special privileged status as:

      • 1. accredited member of the administrative, technical or operating staff or as a private servant, employed by a foreign diplomatic mission or consular post;

      • 2 ยฐ. accredited member of the highest box, including head, of an international organisation;

      • 3 ยฐ. accredited member of the administrative, technical or operating staff of an international organisation; or

    • c. as a dependent family member of the foreigner, referred to in point (a) or (b).

  • 2 By way of derogation from Article 3.94, second paragraph , the means of existence of the alien as referred to in the first paragraph shall be sustainable if they are still available for at least one year.

  • 3 In calculating the period of 10 consecutive years referred to in paragraph 1, the alien as referred to in paragraph 1 (b), (2) and (3), and his dependent family member, shall be referred to in the part c, also taken into account periods in which that foreigner or dependent family member may lawfully stay as referred to in point Article 8 (a) to (e) or (l) of the Act has had.

  • 4 The application is not rejected on the ground that the foreigner has not had, for five years, continuously and directly prior to the application, lawful residence as intended Article 21, first paragraph, introductory wording, of the Act If the international organisation referred to in paragraph 1 (b) (2) or (3) ยฐ is established for a specified period of time, less than 10 years, and the alien as a member of that organization or as his dependent family member, has remained in the Netherlands for five continuous years, part c, for five years.


Paragraph 2. Designation of the application

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Article 3.94

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  • 2 The application for the grant of a residence permit for an indefinite period of time is not rejected on the basis of Article 21, first paragraph, point (a) of the Act , if the application has been submitted by a foreigner who has sustainably had a benefit under the Incapacity for work insurance on the basis of incapacity for work of at least fifty-five per cent and on the basis of a complete working week, or a comparable disability benefit.


Article 3.95

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  • 2 Article 3.86 shall apply mutatis mutandis, with the exception of the thirteenth and fourteenth member.


Article 3.96

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The application for the grant of a residence permit for an indefinite period of time shall not be rejected on the basis of Article 21, first paragraph, point (b) of the Act Said land that the foreigner has provided false information or has withheld information which rejects the original application for the grant, renewal or amendment of a residence permit as referred to in Article 4 (2) of the EC Treaty. Article 14 have led, if the period of 12 years has elapsed since the grant, extension or amendment.


Article 3.96a

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  • 4 Our Minister may also leave the first member to be excluded, in so far as its application to his judgment will lead to an injustice of the nature of the matter.

  • 5 Under ministerial arrangements, rules may be laid down concerning the application of paragraph 2 (e) and third paragraph.


Paragraph 3. Repeal

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Article 3.97

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The residence permit for an indefinite period shall not be withdrawn at the time of Article 22, second paragraph, point (b) of the Law The said ground that the alien has supplied inaccurate information or has withheld information which would have led to the refusal of the original application to grant, extend or modify, if, since the date of issue, the An extension or a change to a period of 12 years has elapsed.


Article 3.98

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Section 4. Procedural provisions

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Paragraph 1. Incivil society

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Article 3.98a

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  • 1 Our Minister of Social Affairs and Employment sets the basic examination for assessment of the knowledge of the Dutch language and of the Dutch society as referred to in Article 4 (1). Article 16, first paragraph, point (h) of the Act -I'm sure it's a computerized system.

  • 2 The basic exam in civil law includes an inquiry into the Dutch reading, listening and speaking skills of the foreigner.

  • 3 Our Minister of Social Affairs and Employment sets out an examination programme for the required reading, listening and speaking skills. This examination programme ensures that the foreigner who has carried out the basic examination with good consequence has the following skills in the Dutch language on the A1 level of the European Framework for Modern Foreign Languages:

    • a. Reading skill;

    • b. listening skill, and

    • c. the ability to speak.

  • 4 Standardisation of the parts read, listen and speak of the basic exam in civil society is related to one of the levels of the European Framework for Modern Foreign Languages.

  • 5 The basic exam in civil society also includes an examination of the knowledge of Dutch society.

  • 6 Our Minister of Social Affairs and Employment sets out an examination programme for the required knowledge of Dutch society. This examination programme shall ensure that the foreigner who has carried out the basic examination by reason of the examination has a very basic practical knowledge of:

    • a. The Netherlands, including topography, history and state direction;

    • b. housing, education, labour, health care and incivil society in the Netherlands;

    • c. his rights and his obligations upon arrival in the Netherlands;

    • d. rights and obligations of others in the Netherlands; and

    • e. Rules of entry established in the Netherlands.

  • 7 The basic examination shall be conducted in the Dutch language at a level not exceeding the level referred to in the third paragraph.

  • 8 The examination programmes referred to in the third and sixth paragraphs shall be made available in accordance with rules to be laid down by our Minister of Social Affairs and Employment and at an amount to be drawn up by Our Minister for Social Affairs and Employment. ed.


Article 3.98b

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  • 1 To the basic exam of instration is not allowed the foreigner who:

    • a. Not in accordance with rules to be laid down by our Minister of Social Affairs and Employment, the cost of the basic examination has been met or has taken care of a different person to meet the costs; or

    • b. has not cooperated in the recording of data with a view to its identification.

  • 2 Under ministerial arrangement, the costs referred to in paragraph 1 (a) shall be determined.

  • 3 The cooperation referred to in point (b) of the first paragraph shall consist of having to photograph digitally, to reduce the fingerprints digitally and to have a scan or copy of the passport or, if the foreigner has been sent by the authorities, to use the information to obtain a copy of the passport. the country of which he is a national may not be placed in possession of a passport, a different identity document.

  • 4 Our Secretary of State for Social Affairs and Employment sets out an examination procedure. In any case, the examination rules shall contain provisions concerning:

    • a. the course of business during the basic examination;

    • b. the measures to prevent irregularities and disturbance during the basic examination, and

    • c. measures which may be taken in the event of irregularities or disturbance of the environment.


Article 3.98c

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  • 1 The basic examination shall be carried out under the supervision of an official, employee, authority or institution designated by the head of the Dutch diplomatic mission or consular office in a position to be determined by that head. time and place in a space to be indicated by that head.

  • 2 The basic exam is conducted by means of a telephone or digital connection to an automated system, by a body designated by our Minister for Social Affairs and Employment, according to our Minister for Employment. rules for social affairs and employment to be administered.

  • 3 Our Minister of Social Affairs and Employment assesses the results of the basic examination by means of the computerised system, referred to in the second paragraph, with the exception of the type of opinion, which is to be used rated by assessors.

  • 4 The result of the basic examination shall be taken in cases where our Minister for Social Affairs and Employment has not been able to assess them by means of the computerised system referred to in the second paragraph; as well as in the Article 3.98d, third paragraph , as the case may be, assessed by examiners.


Article 3.98d

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  • 1 The results of the basic exam in civilian life are not reconsidered.

  • 2 Without prejudice Article 3.98b , the foreigner who has not carried out the basic examination by reason may be re-passed the exam at any time.

  • 3 By way of derogation from the first paragraph, the examination candidate concerned may request a re-evaluation of the part in which the listening and the ability to speak has been reviewed by our Minister of State within six weeks of the publication of the assessment. Social Affairs and Employment to designate assessors after the outcome of that part has been 'unsuccessful' for the fourth time or more of 'not successful'.


Paragraph 2. The application

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Article 3.99

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  • 1 The application for the grant, amendment or renewal of a residence permit for a specified period shall be submitted by the foreigner, his legal representative or a recognised referent, if the foreigner is residing in the Netherlands or want to stay in the framework of exchange or study, or for the provision of employment as a knowledge migrant or scientific research within the meaning of Directive 2005 /71/EC.

  • 2 The application for the grant, amendment or renewal of a residence permit for a specified period of time, if necessary by way of derogation from the first paragraph, irrespective of the purpose for which the alien is to reside in the Netherlands, shall be submitted by the foreigner or his legal representative in person:

    • a. if the foreigner is not in possession of a valid authority until provisional stay which corresponds to the purpose for which the foreigner wishes to stay in the Netherlands and also does not belong to any of the Article 17 of the Act or Article 3.71, second paragraph , categories of goods,

    • b. In the cases to be determined by ministerial arrangement.

  • 3 In the case of ministerial arrangements, the application of an alien as referred to in paragraph 1 may be submitted through the intermediary of the recognised referent.


Article 3.99a

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  • 1 The application for the granting of a residence permit shall not be submitted for a specified period of time than after the foreigner has given in writing, in a manner to be determined by Our Minister, an application to be made in such a way that the person may where an application for the granting of a residence permit is applied:

    • a. on the ground that the expulsion of the foreigner is contrary to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

    • b. subject to a restriction related to medical treatment as specified in Article 3.46 ; or

    • c. subject to a restriction related to temporary humanitarian grounds as intended Article 3.48, second paragraph .

  • 2 If a foreigner is in the Netherlands for a stay of more than 90 days and an appeal does either exemption from the requirement of a valid permission to provisionally stay on the basis of Article 17, first paragraph, point (c) or (d) of the Act or Article 3.71, second paragraph, point (l) In application of Article 3.71 (3), the application for granting a residence permit shall not be made for a specified period of time than after the foreigner has had to know in writing, in a manner to be determined by Our Minister. to make a request to submit such an application.

  • 3 The application for amendment of a residence permit for certain time in a residence permit under a restriction related to medical treatment as intended in Article 3.46 It shall not be submitted after the written procedure has been given in writing to an application to be determined by Our Minister.

  • 4 An application as referred to in the first, second or third paragraphs shall be made on the day of its submission, unless the opinion of our Minister for the assessment of the application is further examined. In that case, our Minister shall inform the foreigner of the extension of the deadline for the adoption of a decision.

  • 5 This article shall continue to apply in respect of categories of foreign nationals to be notified by ministerial arrangement.


Article 3.99b

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Article 3.99a, fourth paragraph , shall apply mutatis mutandis to an application for the grant of a residence permit for certain time which has been filed by a foreigner who is not with or under Article 17 of the Act is exempted from the requirement of a valid authorisation until provisional stay.


Article 3.100

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If the foreigner, pending decision making on an earlier application, wishes to change the requested residence target, he shall submit a new application.


Article 3.101

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  • 1 an application for the granting, amendment or renewal of a residence permit for a certain period of time or an application for the granting of a residence permit for an indefinite period or an EU residence permit for long-term duration residents shall be submitted to a place to be referred to by Our Minister.

  • 2 By way of derogation from paragraph 1, if the alien has been deprived of liberty in law, the application shall be submitted at the place where the release of liberty is being enforced.


Article 3.101a

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  • 1 If the first application for the granting of a residence permit has been refused for some time, any subsequent application for the grant of such a residence permit for the same purpose of residence shall be deemed to be a second or subsequent application within the meaning of Article 5 (b) of the legal aid decision 2000 .

  • 2 If, after the rejection of an application for the grant of a residence permit, a residence permit has been granted for a certain period of time on one of the grounds referred to in Article 2 (1), Article 3.6, first paragraph If, after examination of the grounds referred to in Article 3.6 (1), a residence permit is not of its own motion, each subsequent application for the grant of a residence permit shall be applied to one of the following conditions; grounds shall be considered as a second or subsequent application within the meaning of the Legal aid decision 2000 .

  • 3 The second paragraph shall apply mutatis mutandis where, after revocation of a residence permit, the second paragraph applies, on the one hand, to an extension of the period of validity of an application for the extension of its period of validity, and of its own motion. residence permit has been granted on one of the grounds, intended in Article 3.6, first paragraph , after verification of the grounds referred to in Article 3.6 (1), a residence permit has not been granted for its own motion.


Article 3.101b

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  • If, following the rejection of the first application for the grant of a residence permit, a residence permit has been granted for a given period of time on one of the grounds referred to in Article 3 (1), Article 3.6a, first paragraph If, after examination of the grounds referred to in Article 3.6a (1), a residence permit is not of its own motion, each subsequent application for the granting of a residence permit shall be applied to one of the following conditions; grounds shall be regarded as a second or subsequent application within the meaning of Article 5 (b) of the legal aid decision 2000 .

  • 2 The first paragraph shall apply mutatis mutandis where, after revocation of a residence permit, asylum may for some time, on the basis of the rejection of an application for the extension of its period of validity, be of an automatic residence permit has been granted on one of the grounds, intended in Article 3.6a, first paragraph , or after verification of the grounds referred to in Article 3.6a (1), a residence permit has not been granted for its own motion.


Paragraph 3. Data to be provided and cooperation to be provided

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Article 3.102

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  • 1 Without prejudice Article 24a, first paragraph, point (a) of the Act The foreigner shall, in any case, submit to the application submitted in person a valid border crossing document and, as far as reasonably practicable, on the basis of the information and documents on the basis of which it can be determined that the conditions for granting, amending or extending the residence permit.

  • 2 By way of derogation from the first paragraph, the foreigner who does not have a valid document for crossing the border shall, as far as reasonably possible, submit information and documents demonstrating that he is the government of the country. which he is a national of which he or she is not or is no longer able to be placed in possession of a valid document for crossing the border. In that case, he shall also provide additional information or documents concerning his identity and nationality.

  • 3 In the case of the non-submitted application, the alien shall provide copies of the particulars and documents referred to in paragraphs 1 and 2 and, at the request of Our Minister, shall transfer the originals.

  • 4 Without prejudice Article 24a of the Act the third paragraph shall apply mutatis mutandis, if the application has been submitted by the referent, except that for "the foreigner" is read: the referent.

  • 5 Desrequested confirms that the applicant shall, within a period to be set by Our Minister, confirm the accuracy of the information provided for in Article 24a, first paragraph, point (a) of the Act It shall, on presentation of the relevant information and documents, indicate the information which is the correct information.

  • 6 Our Minister may lay down detailed rules on the particulars and documents referred to in paragraph 1.


Article 3.102a

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The cooperation of the foreigner, intended to Article 24, first paragraph, part b, of the Act , consists of:

  • a. The claim of Our Minister is made available of a well-looking passport photo; and

  • b. having to photograph themselves and have fingerprints taken.


Article 3.102b

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  • 1 The foreigner shall submit to the notification, Article 3.99a, first and second paragraphs , at least the medical records relevant to the decision of Our Minister and other documents concerning, if:

    • a. The application for the grant of a residence permit for a limited period of time is subject to a restriction on medical treatment as referred to in Article 3 (1). Article 3.46 ;

    • (b) an application for the granting of a residence permit for certain periods of time subject to a restriction on temporary humanitarian grounds as referred to in Article 3 (2) of the EC Treaty. Article 3.48, second paragraph, point (b) , in so far as medical conditions are at issue; or

    • c. The foreigner is appealing for medical reasons to be exempt from the requirement of a valid authority until provisional stay.

  • 2 The stranger submits to the notice, intended in Article 3.99a, third paragraph , at least the medical records relevant to the decision of Our Minister and other documents relating to it.

  • 3 The foreigner submits to the application for the extension of the validity of a residence permit for certain time under a restriction related to medical treatment as intended Article 3.46 , at least the medical records relevant to the decision of Our Minister and other documents relating to it.

  • 4 The foreigner submits to the application for a residence permit for certain time which is related to non-temporary humanitarian grounds as intended. Article 3.51, first paragraph, part a, second, or part b or k , at least the medical records relevant to the decision of Our Minister and other documents relating to it.

  • 5 If the foreigner can rely on medical grounds in connection with the revocation of his residence permit or in a objection procedure, he shall, if he does so, submit at least the relevant for the decision of Our Minister. medical data and other documents.

  • 6 This article shall remain outside the categories of foreign nationals to be notified under ministerial arrangements.


Article 3.103

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The application shall be subject to review of the law applicable at the time of receipt of the application, unless the law results otherwise or the law applicable at the time at which the decision is made is more favourable to the foreigner.


Article 3.103a

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  • 1 If Our Minister provides a permanent residence permit for some time to or extends from a foreigner holder of an EU residence permit for long-term residents issued by another European Union Member State, does inform the authorities of that State thereof.

  • 2 The first paragraph shall apply mutatis mutandis if our Minister decides to withdraw the residence permit of the holder referred to in paragraph 1 or not to renew it.

  • 3 If Our Minister considers to expend a foreigner who is the holder referred to in paragraph 1, to a State which is not a Member State of the European Union, he shall consult the authorities of the State referred to in the first paragraph. If our Minister decides to expel accordingly, he shall provide those authorities with all necessary information regarding the expulsion.

  • 4 If Our Minister decides on an application for the grant of a European Blue Card for the benefit of a foreigner who has already been placed in possession of a European Blue Card by another Member State of the European Union, he shall do so Communication to the authorities of that State.


Article 3.103aa

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  • 1 If Our Minister decides to revoke a residence permit for some time or rejection of an application for an extension of the validity of a holder of an EU residence permit for long-term residents, issued by another Member State of the European Union, with the endorsement that that State has granted international protection to the alien, our Minister asks that State to confirm that the foreigner there is still international protection. In the affirmative, our Minister shall expend the foreigner to that State, without prejudice to the applicable Union law and the principle of the unity of the family.

  • 2 By way of derogation from paragraph 1, and without prejudice to the international obligations applicable to the Netherlands, our Minister may expel the long-term resident to a State other than the Member State which has granted international protection, if is satisfied Article 3.105c, second paragraph, point (a) or (b) .

  • 3 If the residence permit is regular for some time from a foreigner who holds an EU residence permit issued by another Member State of the European Union for long-term residents who holds the endorsement that that State is responsible for the international protection of the foreigner, has been withdrawn or the application for an extension of its validity has been rejected, on the ground that the foreigner is a threat to public order or public security may, without prejudice to the obligation of return of the other Member State, and without prejudice to the international obligations applicable to the Netherlands, only from the territory of the European Union shall be removed if:


Article 3.103b

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  • 1 If our Minister issued an entry ban, our Minister records this entry ban in the Schengen Information System.

  • 2 If Our Minister is considering a foreigner who holds a residence permit or other consent to stay, issued by another state as intended in Article 1.3 The Minister shall obtain the necessary information from the authorities of that other State to the State of which the alien is a national or in the absence of a nationality to the State of his former place of residence. If our Minister decides to expel the foreigner, he shall provide the authorities of that other state with all necessary information relating to the expulsion.

  • 3 Our Minister constitutes the contact point for the implementation of 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 who illegally reside in their territory (PbEU, L 348) and is responsible for the recovery and provision of the information referred to in the second paragraph.


Paragraph 4. Publication

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Article 3.104

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  • 1 The decision, whereby the application for the grant, amendment or extension of the validity of a residence permit as referred to in Article 8 (a) or (b) of the Act In full or in part, or where the residence permit is granted or amended ex officio, the document shall be issued by the issuing of the document, Article 9, first paragraph, of the Act , from which the lawful residence pursuant to Article 8 (a) appears to be covered by Article 8 (b) of the Act. The reference made by the application shall be notified without delay to the publication.

  • 2 By way of derogation from paragraph 1, the decision may be published by means of the transmission of the document referred to in the first paragraph:

    • a. If the distribution is not possible for technical reasons, relating to the creation of the document;

    • b. In other special circumstances.

  • 3 If the alien, other than a Community national, is eligible for more than one residence document, one document shall be issued or forwarded and the other decisions shall be made public by the lodging of a note on that document; document.

  • 4 The decision on a foreigner residing abroad, in which the application for granting, amending or extending the validity of a residence permit is accepted in whole or in part, or where the residence permit is granted or amended ex officio, shall be published after his arrival in the Netherlands. The first, second and third paragraphs shall apply.

  • 5 The decision, which does not, or does not, include the granting, amendment or extension of the period of validity of a residence permit as referred to in Article 8 (a) or (b) of the Act , it shall be made known by distribution or by transmission to the last known address. The reference made by the application shall be notified without delay to the publication.


Section 5. Asylum residence permit

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Paragraph 1. Residence permit for some time

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Article 3.105

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The asylum card granted for a certain period of time is granted or renewed for five years.


Article 3.105a

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  • 1 The asylum residence permit for certain periods of time granted pursuant to Article 28, third paragraph, of the Law of ex officio shall be granted from the day following the date of the authorisation until the date of the temporary stay of the foreigner in person issued.

  • 2 By way of derogation from the first paragraph, the residence permit may be granted from the day of issue when the provisional stay is issued as the day on which the foreigner will enter the Netherlands.


Article 3.105b

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In the case of a ministerial arrangement, detailed rules may be laid down concerning the assessment of the existence of circumstances as referred to in Article 3 (2). Article 31, first paragraph, of the Act .


Article 3.105ba

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  • 1 A list of safe countries of origin within the meaning of Articles 36 and 37 of the Rules of Procedure may be drawn up by ministerial arrangement.

  • 2 The assessment of whether a country is a safe country of origin should be based on a set of sources of information, including in particular information from other Member States, the European Asylum Support Office (EASO), the UNHCR, the Council of Ministers of the European Union. Europe and other relevant international organisations.

  • 3 Our Minister examines the situation in third countries which have been designated as safe countries of origin, as referred to in the first paragraph on a regular basis.


Article 3.105c

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To the foreigner who has made it plausible that he is a treaty refugee as intended Article 29, first paragraph, point (a) of the Law The granting of a residence permit for asylum may be refused for some time on the grounds of those grounds of admission only if:

  • a. there are good reasons to consider the foreigner to be a danger to national security; or

  • b. the alien has been convicted of a particularly serious offence and a danger to the community in a case of irrevocable judgment.


Article 3.105d

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  • 2 Residence permit granted for some time granted on the basis of Article 29, first paragraph, point (a) of that Act , can only be done on the basis of Article 32, first paragraph, point (b) of the Law shall be withdrawn or the application for the extension of its period of validity may be refused if:

    • a. there are good reasons to consider the foreigner to be a danger to national security; or

    • b. the alien has been convicted of a particularly serious offence and a danger to the community in a case of irrevocable judgment.

  • 3 In the case of a ministerial arrangement, detailed rules may be laid down regarding the assessment of the situation as referred to in paragraph 1.


Article 3.105th

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To the foreigner who has assumed that his application is based on circumstances which are the legal basis for the grant, Article 29, first paragraph, point (b) of the Law , forms, becomes a residence permit for certain time as intended in Article 28 of that Act provided, unless there are serious reasons to believe that:

  • a. The alien has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments for the purpose of making arrangements with regard to such crimes;

  • b. The alien has committed a serious offence;

  • c. the foreigner has engaged in acts that are contrary to the objectives and principles of the United Nations as contained in the Preamble and Articles 1 and 2 of the Charter of the United Nations;

  • d. The alien constitutes a danger to the community or national security; or

  • e. the foreigner has incited or otherwise participated in the offences or acts listed under a to c;

where the granting of a residence permit in that case is refused on the said land.


Article 3.105f

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  • 2 Residence permit granted for some time granted on the basis of Article 29, first paragraph, point (b) of that Act only the application for an extension of its period of validity shall be rejected on the basis of: Article 32, first paragraph, point (b) of the Law , if there are serious reasons to believe that:

    • a. The alien has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments for the purpose of making arrangements with regard to such crimes;

    • b. The alien has committed a serious offence;

    • c. the foreigner has engaged in acts that are contrary to the objectives and principles of the United Nations as contained in the Preamble and Articles 1 and 2 of the Charter of the United Nations;

    • (d) the alien is a danger to the community or to national security; or

    • e. the foreigner has incited or otherwise participated in the offences or acts listed under (a) to (c).

  • 3 In the case of a ministerial arrangement, detailed rules may be laid down regarding the assessment of the situation as referred to in paragraph 1.


Article 3.106

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  • 1 Residence permit granted for certain periods of time on the basis of Article 29, second paragraph, of the Law has been granted to a family member of a foreigner as referred to in Article 29, first paragraph, of the Law, is not revoked on the basis of Article 32, first paragraph, point (e) of the Law If marital or family life has been broken with the main person by the death of the principal or because the family member has become a victim or is in danger of being a victim of honour-related violence or domestic violence.


Article 3.106a

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  • 1 The application for the grant of a residence permit granted asylum for some time shall be declared inadmissible on the basis of Article 30a, first paragraph, point (a), (b) or (c) of the Act if, in the opinion of Our Minister, taking into account all the relevant facts and circumstances, the foreigner in the third country concerned will be treated in accordance with the following principles:

    • a. life and freedom are not threatened for reasons of race, religion, nationality, membership of a particular social group or political persuasion; and

    • b. There is no risk of serious injury as specified in Article 29, first paragraph, point (b) of the Law , and

    • Compliance with the principle of non-refoulement in accordance with the Refugee Convention; and

    • d. the prohibition of removal in violation of the right to safeguard against torture and other cruel, inhuman or degrading treatment, as enshrined in international law, is respected; and

    • e. the possibility exists to apply for refugee status and, if recognised as a refugee, to receive protection in accordance with the Refugee Convention.

  • 2 The application for the grant of a residence permit granted asylum for a specified period shall be declared inadmissible on the basis of Article 30a, first paragraph, point (a), (b) or (c) of the Act if the alien has such a connection to the third country concerned that it would be reasonable for him to go to that country.

  • 3 In the assessment of the existence of a tyre as referred to in the second paragraph, all relevant facts and circumstances shall be involved, including the nature, duration and circumstances of the previous stay.

  • 4 The rules for the application of the first to third members shall be subject to a ministerial arrangement.


Article 3.106b

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  • 1 A third country may be regarded as a safe country of origin for a foreigner only when it:

    • a. either the nationality of that country or stateless and previously resident in that country had his habitual residence; and

    • b. has not substantiated that, in its specific circumstances, the country cannot be considered as a safe country of origin in terms of whether he is eligible for international protection.

  • 2 The application of paragraph 1 shall be subject to detailed rules for the application of the first paragraph of the Agreement.


Article 3.107

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  • 1 A person referred to in Article 1F of the Refugee Convention shall be understood to mean a person who has instigated or otherwise participated in the crimes or acts referred to in that Article.

  • 3 To the spouse, the underage child, the partner or the majority child, intended to Article 29, second paragraph, point (a) or (b) of the Act The person referred to in paragraph 1 shall not be granted a residence permit for a period of time unless the member of the family has determined that his application is based on circumstances which, in his own right, provide a legal basis for the grant of a residence permit. of a residence permit on the basis of Article 29 (a) or (b) of the Act Forms.


Paragraph 1a. The residence permit for an indefinite period

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Article 3.107a

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  • 4 Our Minister may also leave the first member to be excluded, in so far as its application to his judgment will lead to an injustice of the nature of the matter.

  • 5 Under ministerial arrangements, rules may be laid down concerning the application of paragraph 2 (e) and third paragraph.


Section 2. Procedural provisions

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Article 3.107b

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  • 1 Where a foreigner makes a request for international protection as referred to in Article 2 (b) of the Procedure Directive to our Minister, or to an official with responsibility for border surveillance or for the supervision of aliens, the registration shall take place within three working days of the date of the request.

  • 2 Where the request is made to another authority, the registration shall take place within six working days after the request has been made.


Article 3.108

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  • 1 The application for the grant of a residence permit as referred to in Article 8 (c) and (d) of the Act , is filed by the foreigner or his legal representative in person at a place to be determined by Our Minister.

  • 2 By way of derogation from paragraph 1, if the alien has been deprived of liberty in law, the application shall be submitted at the place where the release of liberty is being enforced.


Article 3.108a

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  • 1 The application for an extension of the period of validity of a residence permit shall be granted for a period of time within six months of receipt of the application.

  • 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 required.


Article 3.108b

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  • 1 Prior to or during the examination of the application for the grant of a residence permit asylum for some time is assessed whether the foreigner needs special procedural guarantees as referred to in Article 24 of the Procedural Directive.

  • 2 If the alien needs special procedural guarantees, appropriate support shall be provided during the investigation.


Article 3.108c

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  • 1 The application for the grant of a residence permit for a specified period of time shall be lodged by the foreigner without delay after he has given a manner to be determined by Our Minister to request that he be brought forward.

  • 2 The foreigner shall be informed of the following in a language which he understands or can reasonably be believed to be of:

    • a. the procedure to be followed;

    • b. his rights and obligations during the procedure;

    • c. the consequences that may arise if he does not respect his obligations or does not cooperate with Our Minister;

    • (d) the time limits applicable;

    • e. the means available to him to comply with his obligation to forward the in- Article 31, second to fourth paragraph, of the Act Elements referred to; and

    • f. the consequences of a revocation of his application.


Article 3.109

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  • 1 After the submission of the application, Article 3.108c, first paragraph , the foreigner shall be given a rest period of rest and preparation of at least six days. The investigation, referred to in Article 3.110 , after the rest and preparation time.

  • 2 During the period of rest and preparation, the foreigner shall be given the opportunity to be informed of the asylum procedure and to prepare himself for the asylum procedure and to be assisted for that purpose. The alien who has submitted the application referred to in paragraph 1 shall be informed in good time of his entitlement to the hearing as referred to in the first paragraph of this Article. Articles 3.112, first paragraph and 3.113, second paragraph -To be assisted.

  • 3 During the period of rest and preparation no questions shall be asked by the public in respect of his/her asylum motives.

  • 4 During the period of rest and preparation, examination of the identity, fingerprints and nationality of the foreigner may be carried out, documents found or documents and documents found in or transferred to him, or to the possibility of of application of Article 30 or 30a, first paragraph, part a, b, c or e of the Law .

  • 5 Of the foreigner who submitted the application referred to in paragraph 1, a facial recognition is made by Our Minister and fingerprints are taken and stored. The foreigner is cooperating on this.

  • 6 The alien who has submitted the application referred to in paragraph 1 shall be offered a medical examination. This examination shall require the written consent of the foreigner.

  • 7 By way of derogation from the first paragraph, no rest and preparation period shall be allowed if:

    • a. The foreigner is a danger to public order or national security;

    • b. the foreigner provides nuisance to aliens who reside in a shelter, to persons employed in the facility or to others;

    • The alien, in law, has been deprived of his liberty on the grounds of Article 59b of the Act , unless the application is submitted to a Login Centre; or

    • d. the alien has filed the application after a transfer decision has been issued against him and his freedom has been deprived of his freedom on the basis of Article 6a or 59a of the Act .


Article 3.109a

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  • 1 The foreigner can avail of the services of an interpreter during the hearing referred to in this paragraph and at other times when that is necessary to present his case, if a good communication without those services cannot be guaranteed.

  • 2 The foreigner may contact the UNHCR or any other organisation providing legal advice or other support during the procedure, if desired.

  • 3 The foreigner and the person representing him shall have access to the information contained in the file on which a decision has been or will be taken.

  • 4 The third paragraph shall not apply where the disclosure of information or sources is the national security, the security of the organisations or persons who have provided the information or the security of the person or persons to whom the information It would endanger, or where the importance of the examination of the examination of applications for the granting of a residence permit was granted for some time by the competent authorities of the Member States, or the international relations of the Member States would be damaged.


Article 3.109b

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  • 1 If a foreigner who does not meet the conditions for entry to the Netherlands, to know at the border gives an application for granting a residence permit for some time to submit, examination of application to place in a border procedure as long as it can reasonably be assumed that it can be decided on the basis of the application of Article 30 , 30a or 30b of the Law .

  • 2 If the application for grant of the residence permit is treated for some time in a border procedure, our Minister may, by derogation from Article 3.109, first paragraph , the examination after a shorter rest and preparation period than six days, provided that the foreigner has indicated that it has been awarded a prize.

  • 4 If there is a situation as referred to in the third paragraph, the examination of the application shall be suspended.

  • 5 If the examination of the application has been suspended as referred to in paragraph 4, notification shall be sent to the foreigner at least one day before the examination of the investigation.

  • 6 The investigation shall resume at the point at which it is aborted.

  • 7 Applications of lone minor aliens shall not be dealt with in the border proceedings.


Article 3.109c

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  • 2 The written intention not to take the application shall be notified through its distribution or transmission.

  • 3 The foreigner shall make his views known in writing to the second paragraph in writing within two weeks. If the foreigner is deprived of his freedom, the opinion shall be expressed in writing no later than one week.

  • 4 The period referred to in paragraph 3 shall start from the day following that on which the intention was issued or forwarded.

  • 5 The written opinion has been submitted to our Minister in good time, if it has been received before the end of the term.

  • 6 Our Minister takes account of a written opinion received after the expiry of the period, if the decision has not been made known, and that does not permit the judgment to be delayed in a manner that is inadmissible. The absence of the written statement of views, after the expiry of the period within which the alien can make his views known in writing, does not stand in the way of giving the decision.

  • 7 The decision shall be published by the issuing or transmission of the decision.


Article 3.109ca

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  • 2 After the submission of the application, Article 3.108c, first paragraph , research may be carried out on the identity, fingerprints and nationality of the foreigner and the documents and documents found in or carried out by him.

  • 3 Of the foreigner, our minister has made a visual recording and fingerprints taken and stored. The foreigner is cooperating on this.

  • 4 The stranger shall be subject to hearing as soon as possible by Our Minister. In this connection, questions shall be raised concerning his personal information, his place of birth and date of birth, his nationality and ethnic origin, the date of his departure from the country of origin, the date of his arrival in the Netherlands, and, where appropriate, his stay in third countries. countries, possession of a passport and identity documents, and the personalia and whereabouts of family members. If our Minister intends to declare the application inadmissible pursuant to Article 30a, paragraph (a) of the Law, he shall be given the opportunity to present his position on the application of this ground on his specific circumstances. If our Minister intends to declare the application to be manifestly unfounded, pursuant to Article 30b (b) of the Law, the foreigner shall also be given the opportunity to set out his/her asylum.

  • 5 The copy of the hearing referred to in the fourth paragraph shall be notified to the foreigner as soon as possible.

  • 6 If Our Minister intends to declare the application inadmissible or manifestly unfounded on the grounds referred to in paragraph 1, the written intention shall be sent to the foreigner or awarded as soon as possible.

  • 7 If, after hearing of the fourth paragraph, it is not sufficiently clear that the decision may be taken as inadmissible or manifestly unfounded on the grounds referred to in paragraph 1, it shall be used for the purposes of further treatment of the The application has been followed by the procedure described in paragraph 2 of this Section.

  • 8 The foreigner shall make his views known in writing to the sixth paragraph in writing no later than two days after the day on which the intention was issued or forwarded.

  • 9 The written opinion has been submitted to our Minister in good time, if it has been received before the end of the term.

  • 10 Our Minister shall take into account a written opinion received after the expiry of the period, if the decision is not yet published, and that does not delay the judgment inadmissible. The absence of the written statement of views, after the expiry of the period within which the alien can make his views known in writing, does not stand in the way of giving the decision.

  • 11 The decision shall be taken no later than the eighth day following the hearing referred to in paragraph 4 and shall be made public by the award or transmission of its hearing.


Article 3.109d

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  • 1 The single minor stranger shall immediately be informed of the appointment of a person who shall be assisting and representing him.

  • 2 Our Minister may, as part of the examination of the application by a single minor, stranger to the grant of a residence permit for certain time, intended in Article 28 of the Act , decide to establish by means of a medical examination a limited period of time when our Minister, having made a general statement or other relevant instructions, has doubts about his or her age. This examination shall require the written consent of the foreigner. If the examination does not take away these doubts, it is assumed that the applicant is underage.

  • 3 If a single minor foreigner refuses to undergo the medical examination provided for in paragraph 2, the decision to reject the application shall not be based solely on that refusal.

  • 4 If the application is filed by a single minor stranger, his legal agent, legal adviser or other counsel shall be given the opportunity to be present in the course of hearing.

  • 5 The legal representative, legal adviser or other counsellor is present at hearing and is given the opportunity to ask questions or to make observations at the end of the hearing.


Article 3.109e

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  • 1 If our Minister considers it relevant for the assessment of the application for the grant of a residence permit for some time, he also offers a medical examination of evidence of previous persecution or serious injury. This examination shall be carried out by qualified medical professionals. The foreigner shall be informed that he/she may arrange for such an inquiry at his own initiative and expense.

  • 2 The medical examination shall not be carried out except with the consent of the foreigner.

  • 3 In the case of a ministerial arrangement, detailed rules may be laid down for the conduct of the medical examination provided for in paragraph 1.

  • 4 If, on his own initiative, the alien has carried out a medical examination of evidence of any previous persecution or serious injury, our Minister shall be responsible for its results in the evaluation of the application.

  • 5 The results of the medical examinations referred to in paragraphs 1 and 4 of this paragraph shall be assessed by Our Minister together with the other elements of the application.

  • 6 If the alien refuses or impedes a medical examination, or does not give access to medical examination to Our Minister, Our Minister may, nevertheless, decide on the application.


Article 3.110

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  • 1 For the examination of the application for the grant of the residence permit asylum for certain time periods are available for eight days in a Enquiry centre.

  • 2 Our Minister may extend the period specified in the first paragraph. In this case, the maximum 14, 16 or 22 days shall be available for the examination in a Contact centre.

  • 3 For the periods mentioned in paragraphs 1 and 2, except for the Schiphol airport, the days are the days of the weekend and the days preceding or under the control of the General Term Act have been considered to be generally recognised public holidays.

  • 4 By way of derogation from the third paragraph, the ministerial government may, by way of derogation from the third paragraph, be either General Term Act are designated as generally recognised public holidays, shall be designated as days which shall count for the time limits specified in the first and second paragraphs. Such designation may be limited to certain days of the weekend, to certain weekends, to certain days designated by the General Terms and Conditions Act as commonly recognized public holidays, or to certain notified centres.

  • 5 Our Minister shall determine with due regard Article 3.109, first paragraph , when the examination as referred to in paragraph 1 begins and informs the alien of the day of commencement.


Article 3.111 [ Exp. by 20-07-2015]

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Article 3.112

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  • 1 The stranger shall be subject to a first hearing on the first day of examination by Our Minister.

  • 2 The first hearing shall be carried out in accordance with a questionnaire drawn up by a ministerial order. The questionnaire does not contain any questions concerning the grounds for the application.

  • 3 A copy of the completed questionnaire shall be notified to the foreigner on the first day of the day.

  • 4 By way of derogation from the first paragraph, an initial hearing may be omitted if the foreigner has previously applied for a residence permit for a given period of time.


Article 3.113

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  • 1 During the second day the foreigner is placed in a position to prepare himself for further hearing.

  • 2 On the third day, the stranger is subject to a further hearing by Our Minister. In the event of the loss of hearing, the alien shall be given the opportunity to carry out the necessary elements in support of his application as fully as possible. This means, inter alia, that the alien is given an opportunity to explain any missing elements or inconsistencies or contradictions in his statements.

  • 3 If Our Minister intends to declare the application inadmissible on the basis of Article 30a of the Act In the course of the hearing, the foreigner shall be given the opportunity to present his position on the application of the grounds referred to in Article 30a, paragraph 1, of the Law in his specific circumstances.

  • A written report shall be drawn up from the hearing. A copy of the report of further hearing shall be notified to the foreigner on the third day.

  • 5 The foreigner shall be given the opportunity to make observations by the fourth day, or to clarify the mistranslated passages or misconceptions in the report of the further hearing and to provide details. The foreigner shall be fully informed of the content of the report for that purpose, if necessary with the assistance of an interpreter. The alien shall be requested to confirm in writing by the fourth day at the latest that the contents of the report reflect correctly the following. The report of further hearing shall state that period.

  • 6 If the alien refuses to confirm that the contents of the report reflect correctly the further hearing, the reasons for this refusal shall be included in his file. That refusal does not prevent our Minister from making a decision on the application.

  • 7 By way of derogation from the second paragraph, a further hearing shall be omitted in a Centre of Contact:

    • a. If, for medical reasons, the foreigner cannot be subject to a further hearing, or

    • b. in respect of a single minor stranger below the age of 12.

    In the case of a ministerial arrangement, other cases where a hearing may be omitted in a Detention centre may be designated.

  • 8 If a further hearing has been omitted in a Detention centre, the foreigner shall be subjected to a further hearing as soon as possible by Our Minister. A written report shall be drawn up from the following. A copy of the report of further hearing shall be notified to the foreigner as soon as possible. The report of further hearing shall indicate the period within which the alien may provide further information on his own initiative or on request. That period shall be at least two days.

  • 9 In the case of ministerial arrangements, rules shall be laid down concerning the taking-up of the following.


Article 3.114

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  • 1 If Our Minister intends to reject the application for the grant of a residence permit for some time within eight days, the written intention shall be sent to the foreigner on the fifth day or at the end of the day. Stranger awarded on the sixth day.

  • 2 The foreigner shall make his views known in writing to the first paragraph at the latest on the sixth day.

  • 3 The written opinion has been submitted to our Minister in good time, if it has been received before the end of the term.

  • 4 The time of awarding the plan and the receipt of the written statement shall be recorded by Our Minister.

  • 5 Our Minister shall take into account a written statement of views received at the end of the period of time, if the decision has not been made known. A supplement to a previous written statement received after the expiry of the time limit shall be taken into account if the decision has not been made known and the judgment is therefore not to be reckoned with inadmissible. The absence of the written statement of views, after the expiry of the period within which the alien can make his views known in writing, does not stand in the way of giving the decision.

  • 6 Our Minister shall publish or transmit the decision by the eighth day at the latest.


Article 3.115

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  • 2 The alien shall be informed of the extension in writing. The notification shall indicate the reason for the extension and at which time the extended period shall end.

  • 3 If Our Minister Article 3.110, first paragraph , that period has been extended and intends to reject the application for the grant of a residence permit for some time within 14, 16 or twenty-two days, the written intention shall be to do so to the foreigner. awarded or sent.

  • 4 The foreigner shall present his opinion no later than the day following the issue or transmission of the intention, unless a reasoned request for an extension of that period is granted.

  • 6 If there is a situation as referred to in paragraph 1 (a) to (e), our Minister shall make the decision known at the latest on the 14th day by its distribution or transmission. In the case of a situation referred to in paragraph 1 (f), our Minister shall make the decision known by its distribution or transmission by the 16th day at the latest. In the case of a situation referred to in paragraph 1 (g), our Minister shall make the decision known at the latest on the 22nd day by distribution or transmission.

  • 7 In the case of ministerial arrangements, detailed rules may be laid down concerning the application of the first paragraph and the manner in which the examination of the application for the application of the application is to be pursued if the Article 3.110, first paragraph , that period shall be extended.


Article 3.116

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  • 2 The period within which the alien shall present his views in writing shall, unless a reasoned request for an extension of that period is granted, shall be granted:

    • a. in the case referred to in paragraph 1 (a) of the first subparagraph, four weeks; and

    • b. In the cases referred to in paragraph 1 (b), (c) and (d), six weeks.

  • 3 The period referred to in paragraph 2 shall start from the day following that on which the intention was issued or forwarded.

  • 4 The written opinion has been submitted to our Minister in good time, if it has been received before the end of the term. When sent by post, the position has been submitted in good time if it is delivered before the end of the period of time, provided that it is not received later than one week after the end of the period.

  • 5 The receipt of the written statement of opinion shall be confirmed by Our Minister.

  • 6 Our Minister shall take into account a written statement of views received at the end of the period of time, if the decision has not yet been made known. A supplement to a previous written statement received after the expiry of the time limit shall be taken into account if the decision has not been made known and the judgment is therefore not to be reckoned with inadmissible. The absence of the written statement of views, after the expiry of the period within which the alien can make his views known in writing, does not stand in the way of giving the decision.


Article 3.117

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  • 2 The foreigner shall be subjected to a first hearing as soon as possible after the lodging of the application by Our Minister.

  • 4 The report of the further hearing states the period within which the foreigner is given the opportunity to comply with Article 3.113, fifth paragraph -Some of them.

  • 5 If Our Minister intends to reject the application, the written intention shall be awarded or forwarded to that effect as soon as possible.

  • 6 The stranger puts forward in writing his views in writing within two weeks.

  • 7 The period referred to in paragraph 5 shall start from the day following that on which the intention was issued or forwarded.

  • 8 The written opinion has been submitted to our Minister in good time, if it has been received before the end of the term.


Article 3.118

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  • 1 If Our Minister intends to:

    • a. to reject the application for the grant of the residence permit for some time after the change of the Article 3.110, first or second paragraph , stated period;

    • (b) reject the application for the extension of the period of validity of the residence permit for a certain period; or

    • c. the application for the grant of the residence permit, referred to in Article 8 (d) of the Act , to reject, while the foreigner has been deprived of his freedom on the grounds of Article 6 , 6a , 59a or 59b of the Law and the release of liberty continues, the written intention shall be issued or forwarded to that effect.


Article 3.118a [ Expired by 20-07-2015]

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Article 3.118b

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  • 1 If the foreigner has previously applied for the grant of a residence permit asylum for some time which has been rejected, a subsequent application shall not be lodged than after the foreigner in writing, on a by Our Minister to be determined in a manner which indicated that it was intended to submit that application.

  • 2 In the case referred to in the first paragraph, the Articles 3.109 , 3.113, first to eighth paragraphs , and 3.114, first, second and sixth members , not applicable. Instead:

    • a. The stranger is subjected to a further hearing on the first day by Our Minister;

    • b. The copy of the report of the further hearing shall be notified to the foreigner on the first day of the hearing;

    • c. if our Minister intends to reject the application within three days, the written intention to do so shall be sent to the foreigner on the first day or awarded;

    • d. the foreigner shall present his views on the intention of the second day at the latest, and shall also provide further information;

    • e. Make the decision known to our minister no later than the third day by distribution or transmission of it.

  • 3 The second paragraph, points (c) to (e) shall not apply if this is communicated in writing by Our Minister to the foreigner. The communication indicates whether or not the investigation of the application will be continued in a Centre of Enquiry, or in the Article 3.109c the procedure described will be followed.

  • 4 In the case of continuation of the study carried out in a Centre of Notification:

    • a. are, by way of derogation from Article 3.110, first paragraph , for the investigation six days available;

    • b. may provide further information to the foreigner on his own initiative or on request by the second day at the latest;

    • c. the written intention to reject the application shall be sent on the third day or issued on the fourth day;

    • d. the foreigner shall present his views on the intention not later than the fourth day;

    • e. makes his decision known to our minister not later than the sixth day by distribution or transmission of it.

  • 5 Our Minister may extend the period referred to in paragraph 4 (a). In that case, by way of derogation from Article 3.110, second paragraph , for the examination in a Contact centre for a maximum of twelve, fourteen or twenty days available.

  • 6 If our Minister has extended the period referred to in paragraph 4 (a):

    • a. By way of derogation from paragraph 4 (d), the foreigner shall submit his views no later than the day following the dispatch of the proposal or on the day of its award, unless a reasoned request for an extension of the said period shall be met;

    • b. By way of derogation from paragraph 4 (e), Our Minister, by way of derogation from the fourth paragraph, shall publish or transmit it no later than the 12th day.

  • 7 The first to the sixth paragraph shall apply mutatis mutandis if, for a period of time, a residence permit granted to the foreigner has been withdrawn or an application for the extension of the period of validity has already been withdrawn. of such a residence permit has been rejected.

  • 8 This article shall continue to apply in respect of categories of foreign nationals to be notified under ministerial arrangements.


Article 3.119

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When, after the issue or transmission of the intention, facts or circumstances:

  • a. becoming known; or

  • b. to be known or weighted in the light of the opinion of the foreigner, which may be of considerable interest to the decision to be taken and our Minister wishes to continue to reject the application, this is the case notified to the foreigner and shall be given the opportunity to present his views on the matter.


Article 3.120

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If the deadline for issuing the decision is based on: Article 42, fourth paragraph, of the Law the alien shall be informed in writing. The notification shall indicate at which time the extended decision-making period ends.


Article 3.121

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In the case of a ministerial arrangement, rules shall be laid down concerning:

  • a. provision of information to the foreigner on the procedure to be followed;

  • b. The lodging of annotations in the file of the alien in the event of the withdrawal of his application; and

  • c. application of Article 30c of the Act .


Article 3.121a

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  • 1 If the application is rejected, as far as refugee status or subsidiary protection status is concerned, this shall be factual and legally motivated.

  • 2 If the application is co-made on behalf of persons who come to the applicant and the application is based on the same grounds, one decision may be made which applies to all persons, unless such action would lead to the publication of the application of specific circumstances of an applicant that might harm its interests, in particular in cases of persecution on the basis of gender, sexual orientation, gender identity or age.

  • 3 If a foreigner is not assisted or represented by a legal adviser or other counsellor, he shall be informed of any language he understands or can reasonably be assumed to be that he understands. Decision. It shall also provide information on how a negative decision may be challenged.


Article 3.122

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  • 2 In the case of ministerial arrangements, detailed rules may be laid down as to how the information referred to in the first paragraph is provided.


Article 3.123

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If our Minister grants a residence permit for some time to a foreigner who holds an EU residence permit for long-term residents issued by another Member State of the European Union, it is requested to Member State to include or amend a record on international protection, bearing in place that the Netherlands has granted international protection and the date on which it has been granted international protection.


Paragraph 3. Special procedural provisions in the event of a significant increase in the number of applications for asylum

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Sub-paragraph 1. Decision on the application of special procedural provisions

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Article 3.123a

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  • 1 If there has been, or has been, an increase in the number of applications for asylum resulting in a significant delay in the processing of asylum applications or expected to occur and a substantial part of the applications are made by aliens who own a certain nationality or belong to a particular group and can be provided on the basis of the available evidence that they are eligible for authorisation, our Minister may decide which for the treatment of applications of these aliens described in this paragraph procedure is followed.

  • 2 The decision referred to in paragraph 1 shall be taken in accordance with the views of the Council of Ministers and for a period of not more than one year to be fixed in the Decision.

  • 3 The period of validity of the decision referred to in paragraph 1 may be extended by not more than six months in accordance with the opinion of the Council of Ministers, to the extent that the decision referred to in paragraph 1 is still fulfilled. conditions.

  • 4 Our Minister may, in accordance with the views of the Council of Ministers, withdraw the decision referred to in paragraph 1 at any time, even after the period of validity of the decision is extended.

  • 5 In so far as it is necessary for the proper introduction and termination of the procedures laid down in this paragraph, detailed rules on the matters referred to in this paragraph may be laid down under a ministerial arrangement. Article 37, first paragraph, parts a and b, of the Act , which may, where necessary, derogate from the provisions of this Decision or by virtue of this Decision.


Sub-paragraph 2. The procedure in case of foreseeable acceptance

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Article 3.123b

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  • 3 Of the foreigner, our minister has made a visual recording and fingerprints taken and stored. The foreigner is cooperating on this.

  • 4 The stranger shall be subject to hearing as soon as possible by Our Minister. In this connection, questions shall be raised concerning his personal information, his place of birth and date of birth, his nationality and ethnic origin, the date of his departure from the country of origin, the date of his arrival in the Netherlands, and, where appropriate, his stay in third countries. countries, possession of a passport and identity documents, and the personalia and whereabouts of family members. The foreigner is also given the opportunity to set out his asylum motives.

  • 5 The copy of the hearing referred to in the fourth paragraph shall be notified to the foreigner as soon as possible.

  • 6 If the hearing referred to in paragraph 4 offers sufficient ground for complying with the application, the decision shall be published as soon as possible by distribution or transmission of the order.

  • If, after the hearing referred to in paragraph 4 of this Article, a decision may not be taken to grant an application, the application for further consideration of the application shall be Section 2 of this Section followed procedure. In this treatment, the statements made by the alien to the hearing referred to in paragraph 4 shall be made on the basis of his/her asylum claims which do not relate to acts referred to in Article 1F of the Refugee Convention and other heavy goods. criminal offences, unless the foreigner, after consultation with the person assisting in the period of rest and preparation, indicates that he wishes that this will be done or the protection of national security or public order that may be required.

  • 9 If at the time of a decision as referred to in the first member of Article 3.123a is entered into force, an application may be qualified as an application by a foreigner as referred to in that provision and the examination of the application has not yet been started, the procedure described in this Article shall be followed.

  • 10 If the foreigner at the time who is a decision as referred to in the first member of Article 3.123a the application of the application shall be continued under the procedure laid down in this Article, with the expiry of its period of validity, or the expiry of its period of validity.


Sub-paragraph 3. Special follow-up procedure

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Article 3.123c

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  • 1 The provisions in this Subparagraph apply only in those cases in which after the Article 3.123b, fourth paragraph This hearing indicates that further examination of the identity, nationality or belonging to a particular group is necessary.


Article 3.123d

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  • 1 The foreigner shall be given a rest and preparation period of at least six days. The investigation, referred to in Article 3.123e , after the rest and preparation time.

  • 2 During the period of rest and preparation, the foreigner shall be given the opportunity to be informed of the asylum procedure and to prepare himself for the asylum procedure and to be assisted for that purpose. The foreigner shall be given the opportunity to make corrections and additions to the report of the first hearing and to inform him in good time of the possibility of hearing in the course of a hearing as referred to in Article 4 (2). Article 3.123f -To be assisted.

  • 3 The foreigner is offered a medical examination. This examination shall require the written consent of the foreigner.


Article 3.123e

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  • 1 For the examination of the application for granting the residence permit asylum for some time, at a Login Centre six days are available.

  • 2 Our Minister may extend the period specified in the first paragraph. In this case, the maximum 14, 16 or 22 days shall be available for the examination in a Contact centre.

  • 4 Our Minister shall determine with due regard Article 3.123d, first paragraph , when the examination as referred to in paragraph 1 begins and informs the alien of the day of commencement.


Article 3.123f

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  • 1 On the first day the stranger shall be subjected to a further hearing by Our Minister. In the event of the loss of hearing, the alien shall be given the opportunity to carry out the necessary elements in support of his application as fully as possible. This means, inter alia, that the alien is given an opportunity to explain any missing elements or inconsistencies or contradictions in his statements.

  • 2 If Our Minister intends to declare the application inadmissible on the basis of Article 30a of the Act In the course of the hearing, the foreigner shall be given the opportunity to present his position on the application of the grounds referred to in Article 30a, paragraph 1, of the Law in his specific circumstances.

  • 3 A written report shall be drawn up from the hearing. A copy of the report of further hearing shall be notified to the foreigner on the first day.

  • 4 The foreigner shall be given the opportunity to comment on the second day at the latest or to clarify the mistranslated passages or misconceptions contained in the report of the further hearing and to provide details. The foreigner shall be fully informed of the content of the report for that purpose, if necessary with the assistance of an interpreter. The alien shall be requested to confirm in writing at the latest on the second day that the content of the report reflects the correct hearing. The report of further hearing shall state that period.


Article 3.123g

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  • 1 If Our Minister intends to reject the application for the grant of a residence permit for a specified period of time within six days, the written intention shall be sent to the foreigner on the third day or at the end of the day. Stranger awarded on the fourth day.

  • 2 The foreigner shall make his views known in writing to the first paragraph at the latest on the fourth day.

  • 3 The written opinion has been submitted to our Minister in good time, if it has been received before the end of the term.

  • 4 The time of awarding the plan and the receipt of the written statement shall be recorded by Our Minister.

  • 5 Our Minister shall take into account a written statement of views received at the end of the period of time, if the decision has not been made known. A supplement to a previous written statement received after the expiry of the time limit shall be taken into account if the decision has not been made known and the judgment is therefore not to be reckoned with inadmissible. The absence of the written statement of views, after the expiry of the period within which the alien can make his views known in writing, does not stand in the way of giving the decision.

  • 6 Our Minister shall make the decision known by its distribution or transmission by the sixth day at the latest.


Article 3.123h

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  • 1 Our Minister can take the Article 3.123e, first paragraph , extend the said period:

    • a. in the case of overrun of the time limits specified in the Articles 3.123f, first and third paragraphs , and 3.123g, first and sixth member , unless the overrun is attributable to our Minister;

    • b. in the case of overrun of the time limits specified in the Articles 3.123f, fourth paragraph , or 3.123g, second paragraph , and the alien has submitted a reasoned request for renewal, unless the excess can be attributed to the foreigner;

    • c. if, in the opinion of our Minister, further examination of the identity or nationality of the foreigner is necessary;

    • d. if the foreigner changes or supplements his statements previously made during the course of the investigation;

    • e. if, in the opinion of our Minister, further examination is necessary on circumstances related to the grounds referred to in Articles 3.6a, first paragraph, and 6.1e;

    • f. if our Minister has offered a medical examination as intended Article 3.109e ; or

    • g. if the foreigner has not appeared in a hearing, then has disappeared or left without permission from Our Minister.

  • 2 The alien shall be informed of the extension in writing. The notification shall indicate the reason for the extension and at which time the extended period shall end.

  • 3 If Our Minister Article 3.123e, first paragraph , that period has been extended and intends to reject the application for the grant of a residence permit for some time within 14, 16 or twenty-two days, the written intention shall be to do so to the foreigner. awarded or sent.

  • 4 The foreigner shall present his opinion no later than the day following the issue or transmission of the intention, unless a reasoned request for an extension of that period is granted.

  • 6 If there is a situation as referred to in paragraph 1 (a) to (e), our Minister shall make the decision known at the latest on the 14th day by its distribution or transmission. In the case of a situation referred to in paragraph 1 (f), our Minister shall make the decision known by its distribution or transmission by the 16th day at the latest. In the case of a situation referred to in paragraph 1 (g), our Minister shall make the decision known at the latest on the 22nd day by distribution or transmission.

  • 7 In the case of ministerial arrangements, detailed rules may be laid down concerning the application of the first paragraph and the manner in which the examination of the application for the application of the application is to be pursued if the Article 3.123e, first paragraph , that period shall be extended.


Article 3.123i

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If the time limits specified in the Articles 3.123f, first and third paragraphs , or 3.123g, first and sixth member -or the land of Article 3.123h, first paragraph The extension, extended period, shall be the period within which the alien shall submit his views in writing to four weeks, unless a reasoned request for an extension of that period is granted. Article 3.116, third to sixth paragraphs , shall apply mutatis mutandis.


Section 6. The status of long-term resident

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Paragraph 1. Granting

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Article 3.124

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  • 1 The application for granting EU residence permit for long-term residents is not granted on the basis of Article 45b, second paragraph, point (a) of the Law Rejected for the purpose of having a lawful stay, intended to Article 8 (a) to (e) or (l) of the Act has not been contiguate for five years, if:

    • a. The application has been filed by a majority-aged stranger who:

      • 1 ยฐ. for the nineteenth year of life 10 years of residence as intended for Article 8, point (a) and (e) or (l) of the Act , has had and whose application has been received for the twenty-ninth life year, or

      • 2 ยฐ. for the nineteenth year of life five years lawfully resident in the Netherlands as referred to in Article 8 (a) to (e) or (l) of the Act , and for whom the Netherlands is the most appropriate country in the judgment of our Minister;

    • b. The foreigner did not move the main residence outside the Netherlands.

  • 2 The application shall not be made on the basis of Article 45b, second paragraph, point (a) or (b) of the Act rejected, if the foreigner:

    • (a) has been resident outside the Netherlands in connection with professional secondment in another Member State of the European Union;

    • b. as a long-term resident holder has been the holder of an EU residence permit for long-term residents and has lost that permit because of:

      • 1. stay for study or vocational training in another Member State of the European Union, without having acquired the status of EU long-term resident in that State, if the application is made within six months of the termination of that study, or training, or the residence permit in that State,

      • 2. stay outside the territory of the European Union for a continuous period of at least 12 months, if the application is made within 12 months of becoming irrevocable of the loss; or

      • 3 ยฐ. acquisition of the status of long-term resident in another Member State of the European Union, if the application is made within 12 months of becoming irrevocable from the loss;

    • (c) for five years legally and continuously residing in the territory of the European Union as a European Blue Card holder, immediately prior to the filing of the application for at least 18 consecutive months as holder of a European Blue Card. European Blue Card in another Member State of the European Union and has resided for at least two consecutive years immediately preceding the application as holder of a European Blue Card issued by Our Minister in the Netherlands, where periods of absence from the territory of the European Union shall not constitute an interruption of the five-year period, if they cover less than 12 consecutive months and have not lasted for more than 18 months;

    • d. as the holder of a European Blue Card in the five-year period, not for more than 12 consecutive months and in total for no more than 18 months outside the Netherlands.

  • 3 In the cases referred to in paragraph 1, the period of five years shall not be taken into consideration for the purpose of calculating the period of five years from outside the Netherlands, which is 10 months in total or by contiguous stay outside the Netherlands six months. months above.


Article 3.125

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  • 3 When applying the second paragraph, our Minister shall take into account the seriousness of the infringement or the type of infringement committed by the foreigner on public order, respectively, with the danger emanating from the foreigner and Existence of links with the Netherlands.


Article 3.126

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The application for the granting of EU residence permits for long-term residents is Article 3.96a applicable mutatis mutandis.


Paragraph 2. Withdrawal

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Article 3.127

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  • 1 The EU residence permit for long-term residents does not become applicable Article 45d, first paragraph, point (a) of the Law revoked, if the foreigner:

    • a. has not moved the main residence outside the Netherlands;

    • Demonstrate that he is staying for study in another Member State of the European Union for more than six years; or

    • c. shows that, in the event of a stay of 12 months or more outside the territory of the European Union, he has remained in the Schengen area during that period, unless he is absent for more than six years has been from Dutch territory;

    • d. The former holder of a European Blue Card is, or has been, the family member of a former holder of a European Blue Card, and has remained outside the Schengen area for no more than a continuous 24-month period.

  • 2 If the EU residence permit for long-term residents is fraudulted, the permit shall be revoked at the Article 45d, third paragraph, point (b) of the Law Said land. If a period of 12 years has elapsed since the date of acquisition, under the revocation of the EU residence permit for long-term residents, in the case of:

    • a. on the document referred to in Article 9, first paragraph, of the Act , from the foreigner to whom an EU residence permit has been granted for long-term residents, not an endorsement under Article 45c, 1st paragraph, of the Law has been placed, of its own motion, a residence permit for an indefinite period of time, and,

    • b. A note to the document referred to in point (a) of the foreigner to whom the EU residence permit is granted for long-term residents Article 45c, 1st paragraph, of the Law is placed, of its own motion, an asylum residence permit for an indefinite period of time.

  • 4 If the withdrawal of the EU residence permit for long-term residents in accordance with paragraph 3 does not lead to expulsion, a residence permit may be granted for an indefinite period of time in the case of the document, intended in Article 9, first paragraph, of the Act , from the foreigner to whom the EU residence permit has been granted for long-term residents, not an endorsement under Article 45c, 1st paragraph, of the Law was placed.

  • 5 If the withdrawal of the EU residence permit for long-term residents in accordance with paragraph 3 does not lead to expulsion, an asylum residence permit may be granted for an indefinite period of time in the case of the document provided for in the document referred to in paragraph 3. Article 9, first paragraph, of the Act , from the foreigner to whom the EU residence permit has been granted for long-term residents, but an endorsement by Article 45c, 1st paragraph, of the Law was placed.


Article 3.128

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  • In case of application of Article 45d, first paragraph, point (b) of the Law Another Member State of the European Union has confirmed that the foreigner still enjoys international protection in that State, our Minister for Foreign Affairs is turning the stranger to that state.

  • 2 By way of derogation from the first paragraph, and subject to the international obligations applicable to the Netherlands, our Minister, the foreigner referred to in paragraph 1, may deport to any State other than the State which is the subject of international protection has been granted, if it is satisfied Article 3.105c, second paragraph, point (a) or (b) .


Paragraph 3. Procedural provisions

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Article 3.129

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  • 1 Before Our Minister makes an endorsement under Article 45c, 2nd paragraph, of the Law places, our Minister asks the first Member State of residence of the long-term resident, or the foreigner still enjoys international protection.

  • 2 Our Minister responds within one month to the question of another Member State of the European Union or a holder of a document provided by Our Minister as referred to in Article 2. Article 9 of the Act From which the EU residence permit for long-term residents is indicated by the endorsement under Article 45c, 1st paragraph, of the Law continue to enjoy international protection.

  • 3 In the event that Our Minister receives a request for amendment from another Member State of the European Union in relation to a document issued by Our Minister as referred to in Article 9 of the Act proves to be the EU residence permit for long-term residents and does not include an endorsement thereof Article 45c, 1st paragraph, of the Law in order to place an endorsement pursuant to Article 45c, paragraph 2, of the Act, a new document referred to in Article 9 (1) of the Act shall be issued within three months.

  • 4 In case Our Minister receives a request from another Member State of the European Union in relation to a document provided by Our Minister, which reveals an EU residence permit for long-term residents to which an endorsement is made under Article 45c, 1st paragraph, of the Law in order to amend this note, a new document shall be provided within three months, with an amended note accordingly.

  • 5 Where Our Minister, after he makes a document as intended Article 9 of the Act has provided the EU residence permit for long-term residents with a view to Article 45c, 2nd paragraph, of the Law the responsibility for international protection of the holder has been taken over or amended, he shall, within three months, provide the holder with a new document as referred to in Article 9 of the Law, from which the EU residence permit for long-term residents appears and on which an endorsement has been placed under Section 45c, first paragraph, of the Law.


Article 3.130

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  • 1 At the time of publication of the Decision, which decides on the application for the granting of the EU residence permit for long-term residents, the applicant shall be informed of the rights and obligations which he has under the long-term directive residents.

  • 2 If Our Minister grants an EU residence permit for long-term residents to a foreigner who holds an EU residence permit for long-term residents, issued by another European Union Member State, he shall do so Communication to the authorities of that State.

  • 3 Our Minister is the contact point which can be consulted by another Member State of the European Union, for the implementation of the long-term residents directive and the Directive 2009 /50/EC, and is responsible for the receipt by the Netherlands and Transmission of the information specified in the Articles 3.103a , 3.103aa, first paragraph , 3.123 and 3.129 .

Chapter 4. Border control, monitoring and implementation

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Section 1. Border Monitoring

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Paragraph 1. Provisions in the interests of border surveillance

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Article 4.1

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  • 1 Border surveillance as referred to in Article 46 of the Act shall be carried out with a view to the Netherlands taking in and out of persons via an external border.

  • 2 Under-travel is understood to be embarkation or to be on board a ship or aircraft, which is intended for the trip from the Netherlands.


Article 4.2

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  • 1 In the interests of frontier surveillance, border crossing points shall be established at the external borders.

  • 2 In the case of ministerial arrangements, the places where border crossing points, whether temporary or not, are located.

  • 3 The border crossing points are served by officials of the Royal Marechaussee. Border crossing points in the area in which the regional unit of police referred to in Article 46, first paragraph, point (b) of the Law , the police task is also operated by the officials of police who are employed by that regional unit.

  • 4 In the case of ministerial arrangements, the time shall be fixed at which border crossing points have been opened.


Article 4.3 [ Expired by 01-05-2008]

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Section 2. General obligations in the framework of border surveillance

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Article 4.4

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Benelux nationals do not need to travel in or out of the Netherlands through a border crossing point.


Article 4.5

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  • 1 The foreigner who travels the Netherlands shall be obliged to an official, in charge of the border control, on request:

    • (a) to display and to present the document for the crossing of the border, the necessary authorisation until the time of the stay or the necessary travel visa or transit visa;

    • to provide information on the purpose and duration of his intended stay in the Netherlands;

    • (c) to show the means available to him for access to the Netherlands or to be available for access to the Netherlands.

  • 2 The first paragraph, (a), shall apply mutatis mutandis to the foreigner travelling the Netherlands through an external border.


Article 4.6

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Any person at or near a place where a border crossing point is situated shall comply with the instructions given to it by the officials in charge of the border control, in the exercise of their duties.


Article 4.7

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The Dutchman who is travelling, travelling, showing and handing over the Netherlands to an official, in charge of the border control, the travel or identity paper in his possession or, if necessary, shall make his/her Dutchboard a reasonable place of record.


Article 4.8

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The driver of a vehicle gives its own movement to an official, in charge of the border control, knowledge of the presence in his vehicle of aliens in respect of whom he knows or may reasonably suspect that they do not comply with the to the Schengen Borders Code, or to the Member State or to the border Law the obligations laid down in respect of persons crossing the border.


Paragraph 3. Obligations for the purposes of border surveillance on sea entry

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Article 4.9

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The pilot-in-command of a vessel shall, on request, cooperate with an official with responsibility for the border control to enable the official to carry out the border control carried out by him on the basis of the Schengen Borders Code. - This cooperation shall consist of:

  • (a) reduce the sign on a sign so as to make it possible for a service vessel to reach its vessel, or rotate it in such a way as to make it possible to reach a service vessel;

  • b. admission of officials in charge of border security on board his vessel;

  • (c) halt or land his vessel at the request of an official, in charge of the border control.


Article 4.10

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Article 4.8 shall apply mutatis mutandis to commanders of ships other than seagoing vessels.


Article 4.11

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  • 1 The information referred to in Annex VI, sections 3.1.2, 3.1.4, 3.1.5 and 3.2.1 of the Schengen Borders Code shall be provided by electronic means at the head of the border crossing point in a manner to be determined by ministerial arrangement.


Article 4.12

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The pilot-in-command shall be given an acknowledgement of receipt of the head of the border crossing point as referred to in Annex VI, Section 3.1.3 of the Schengen Borders Code of the information that he has issued, by way of a ministerial arrangement.


Article 4.13

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The timely notification of release referred to in point 3.1.5. of Annex VI of the Schengen Borders Code shall be made:

  • a. A maximum of six hours and at least three hours prior to the actual departure of the ship;

  • b. If the ship is less than three hours from the border crossing point where the notification is to be made, at such a time when the official responsible for the control of the border crossing point is able to carry out the notification to carry out personal checks.


Article 4.14

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The Articles 4.11 to 4.13 , do not apply to pilots of seagoing vessels who, without taking berth in a Dutch port, are sailing through the Dutch territorial sea.


Paragraph 4. Obligations for the purposes of border surveillance in the event of entry by air

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Article 4.15

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  • 1 The pilot-in-command of an aeroplane shall be issued in duplicate to an official with responsibility for border surveillance, the General Declaration referred to in Annex VI, Section 2.3.1, of the Schengen Borders Code, and the Schengen Borders Code, as set out in Annex VII, point 2.1. Records of crew.

  • 2 Under ministerial arrangement, the model of the crew and passenger list shall be designated.


Article 4.16

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The claim to the pilot-in-command of an aircraft, as intended Article 51, third paragraph, of the Act It is done through air traffic control.


Section 2. Application of powers of officials

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Article 4.17

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  • 1 The basket chief shall periodically submit at least the following information to our Minister:

    • a. Data on the expulsion of aliens; and

    • b. Data relating to the implementation of the supervision of aliens.

  • 2 The commander of the Royal Marechaussee and, where applicable, the corps shall provide the following information periodically at least to our Minister:

    • a. Access denial details;

    • b. Data on the control of the obligations of transporters;

    • c. details of the expulsion of aliens; and

    • d. Data relating to the implementation of the supervision of aliens.


Article 4.17a

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  • 1 The competence of the Article 50, first paragraph, of the Law In order to maintain their identity, nationality and residence status in order to combat illegal residence after crossing the border, only the following shall be exercised in the context of supervision of aliens:

    • a. At airports at the arrival of flights from the Schengen area;

    • b. In trains for up to 30 minutes after passing the common land border with Belgium or Germany or, if within this period, the second station after passing the border has not yet been reached, to the latest by the second Station after crossing the border;

    • c. on roads and fairways in an area up to twenty kilometers from the common land border with Belgium or Germany.

  • 2 The surveillance, referred to in paragraph 1, shall be carried out on the basis of information or experience data on illegal residence after crossing the border. Furthermore, supervision may be carried out to a limited extent with a view to obtaining information on such illegal residence.

  • The supervision referred to in paragraph 1 (a) shall be carried out at most seven times a week in respect of flights on the same flight route, with a maximum of one third of the total number of scheduled flights per month on that flight route. Only part of the passengers will be kept on a flight in the context of this surveillance.

  • 4 The supervision referred to in paragraph 1 (b) shall be carried out in a maximum of three trains per journey and not more than 20 trains per day, except that the supervision may be carried out only in part of the train, and by train in a maximum of four train trains.

  • 5 The supervision referred to in paragraph 1 (c) shall be carried out on the same road or fairway up to 90 hours per month and not more than six hours per day. Only part of the passing means of transport shall be shut down in the framework of this surveillance.


Article 4.17b

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  • 1 If there are concrete indications that there is a significant increase in illegal residence after crossing the border, or if there are concrete indications that such an increase may be expected in the short term, may Our Minister's decision to depart temporarily from Article 4.17a, third, fourth and fifth members .

  • 2 The period of validity of the decision referred to in paragraph 1 shall in any case expire six months after it has been taken. Our Minister shall withdraw the decision without delay if it is no longer necessary.

  • 3 If a decision as referred to in paragraph 1 has been taken, the surveillance shall be carried out in accordance with Article 4.17a, first paragraph, part a , on the same flight route, at most at half the number of flights per day. Only part of the passengers will be kept on a flight in the context of this surveillance.

  • 4 If a decision as referred to in paragraph 1 has been taken, the surveillance shall be carried out in accordance with Article 4.17a, first paragraph, part b , a maximum of six trains per day and not more than 40 trains carried out on a daily basis except that the control may be carried out only in part of the train, and by train in a maximum of four train routes.

  • 5 If a decision as referred to in paragraph 1 has been taken, the surveillance shall be carried out in accordance with Article 4.17a, first paragraph, part c , carried out on the same road or fairway not more than 180 hours per month for a maximum of 12 hours per day. Only part of the passing means of transport shall be shut down in the framework of this surveillance.


Article 4.18

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  • 1 To the foreigner who with application of Article 50, second or third paragraph, of the Act has been transferred to a place intended for interrogation, shall be informed in good time of the power to be conferred upon him by a counsellor in the examination of the hearing.

  • 2 The alien referred to in paragraph 1 shall not be further restricted in the exercise of fundamental rights than shall be claimed by the aim of the measure and the maintenance of order and security at the place of implementation.


Article 4.19

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  • 1 A decision of the commander of the Royal Marechaussee or the basket chief, taken under Article 50, fourth paragraph, of the Law , is being implemented in a cell of the Royal Marechaussee, respectively, at a police station. The Police Police Complex Scheme shall apply mutatis mutandis to the implementation of the decision in a cell of the Royal Marechaussee.


Article 4.20

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If the Commander of the Royal Marechaussee or the chief of staff are entitled to: Article 50, fourth paragraph, of the Law He shall not do so to an official, in charge of the supervision of aliens, who is also the judicial officer of the judicial system.


Article 4.21

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  • 1 As documents in the sense of Article 50, first paragraph, final sentence, of the Act The following shall be designated:

    • a. For aliens who are lawfully resident as intended in Article 8 (a) to (d) of the Act : a document issued by the competent authorities, evidence of which is the subject of a ministerial arrangement;

    • b. for aliens who are lawfully resident as intended for Article 8 (e) of the Act : a valid national passport or valid identity card, if they have the nationality of a state as intended in Article 8.7, first paragraph , or, if they do not have such nationality:

      • 1 ยฐ. a valid national passport with a visa required for entry, if no 90 days have elapsed after injourney;

      • 2 ยฐ. a valid national passport with a stamp of entry, if no visa is required for entry and after an entry period of 90 days has not expired;

      • 3 ยฐ. a valid national passport with a declaration issued by the competent authorities, as referred to in Article 8.13, fourth paragraph , if no six months have elapsed since the certificate has been issued; or

      • 4 ยฐ. A residence document issued by the competent authorities, as referred to in Article 8.13, fifth paragraph , then Article 8.20, first paragraph ;

    • c. for aliens who apply for residence permit for certain time, intended in Article 28 of the Act , has submitted, or has been residing on the basis of Article 8 (m) of the Act -a document, issued by the competent authorities, of which it appears, and whose model is determined by ministerial arrangement;

    • d. for aliens, other than those referred to in (c), who lawfully reside within the meaning of Article 8 (f), (g), (h), (j) or (k) of the Act have not had, and do not have, a the Law requires a valid document for crossing the border: a document issued by the competent authorities, the model of which shall be established by ministerial arrangement, which may be provided with an inlay set out in accordance with Article 4.29, third paragraph , where the position of residence has been registered;

    • e. for other aliens: a valid document for crossing the border or a cross-border document, in which the necessary visa is registered or in which an endorsement is made, is required under the Act of Access to the Netherlands. the position of residence has been placed.

  • 2 No document, other than those referred to in paragraph 1 (a) or (b), shall be provided to children below the age of 12, unless they consider it a reasonable interest in the possession of such a document, in the opinion of Our Minister. shall be set.

  • 3 On the document issued under paragraph 1 (a) to (d), it shall be registered whether the alien is permitted to work and or to work under the conditions of Foreigners law an employment permit or a combined permit is required.

  • 4 If residing in the Netherlands of the aliens referred to in subparagraphs (a) and (b) above, a restriction as referred to in point (a) Article 3.4, fourth paragraph , is connected, the note 'Appeal to general means may have consequences for the right of residence' in the document.


Article 4.22

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  • 1 The documents referred to in Article 4.21, first paragraph, points (a) to (d) , shall be replaced by our Minister, if:

    • a. The foreigner to whom the document was issued, according to Article 4.44 a declaration of missing, loss or identification of that document as a result of the missing person's identification; and

    • b. Our Minister has determined that there are reasonable grounds to presume that the declaration of truth has been made.


Article 4.23

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  • 1 The officials in charge of the border control or the officials responsible for the supervision of aliens shall take on the basis of Article 52, first paragraph, of the Law temporarily storing the travel or identity paper of a person:

    • a. to the extent necessary for the purpose of obtaining the data specified in Article 4.45 , or for the setting of a note as referred to in Article 4.24 to 4.35a ;

    • b. if the person is kept in place for the purpose of determining his identity and does not appear to be able to reside in the Netherlands, while the opportunity is absent, with the application of Article 50, second or third paragraph, of the Act to transfer to a place intended for interrogation;

    • c. during the time when the person has been deprived of his freedom of law; or

    • d. to the extent necessary for the purpose of the expulsion or surrender to the foreign border authorities as referred to in Article 52, second paragraph, of the Law .

  • 2 Our Minister may temporarily take the travel or identity paper of a person into custody, as far as necessary for obtaining the data, intended in Article 4.45 , for examination of the authenticity of travel-or identity paper or for the expulsion of the foreigner.

  • 3 In the case referred to in point (b) of the first paragraph, the travel or identity paper shall be returned to the person if he has provided to the hive or the commander of the Royal Marechaussee the information which is in the interest of the person concerned; application of the Law , unless there are grounds for maintaining the document in custody from others.


Article 4.24

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  • 1 In addition to placing the embarkation and exit stamp referred to in Article 10 and Annex IV of the Schengen Borders Code, officials in charge of border surveillance may, on the basis of Article 52, first paragraph, of the Law , in the foreigner's travel or identity paper, notes:

    • a. Intravel in the Netherlands;

    • b. the purpose and duration of the intended stay in the Netherlands;

    • c. the means available to the foreigner for access to the Netherlands or to be available to the foreigner;

    • d. Login to the basket case;

    • e. the application of Article 2.4 ;

    • f. the refusal of access to the Netherlands;

    • g. departure or expulsion from the Netherlands; or

    • h. exit from the Netherlands.

  • 2 Endorsement or cancellation of a note made in a foreigner's travel or identity paper shall be marked by the official who carries out the cancellation or cancellation of his or her own account and of his or her order.


Article 4.25

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  • 1 The officials in charge of the border security shall set out in the travel or identity paper of the foreigner who has access to the Netherlands and who shall enter the Netherlands by a crossing point in or out of the Netherlands as referred to in Article 4.24, first paragraph, points (a) and (h) , which indicates the crossing point and the date on which the entry or exit took place.

  • 2 In the note to be made by reason of the first paragraph in the travel or identity paper of a foreigner who is travelling in the Netherlands, the number of aliens travelling in the party of the holder of that document shall be indicated as therein included or is credited. When travelling in the Netherlands from a foreigner, travelling in group on a collective passport or on a collective list, the names of the aliens included in the document who are not in the company or to whom access is made until the Netherlands is refused, by the official, in charge of the border control.


Article 4.26

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The officials in charge of the border control shall, in the travel or identity paper of a foreigner, make an endorsement as intended for the purpose of Article 4.24, first paragraph, point (d) Bearing in the opinion of the official responsible for border surveillance in the interest of the supervision of foreign nationals, that the foreigner must report to the chief of staff within three days, specifying the place where the official is responsible for the surveillance of foreign nationals. reason exists. This endorsement may also be placed in a special pass-proof.


Article 4.27

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  • 1 The officials in charge of the border control shall, in the travel or identity paper of a foreigner, make an endorsement as intended for: Article 4.24, first paragraph, point (f) If they suspect that the foreigner will try again to enter the Netherlands without complying with the requirements for access, as referred to in Article 5 of the Schengen Borders Code, or Article 3 of the Act .

  • The endorsement referred to in paragraph 1 shows that access has been refused by reference to the date and, where necessary, the ground on which this refusal is based.


Article 4.28

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  • 1 The officials in charge of the border control shall, in the travel or identity paper of a foreigner, make an endorsement as intended for: Article 4.24, first paragraph, point (g) If they suspect that the foreigner will try to go to the Netherlands again without complying with the requirements for access to the Netherlands. Such a note shall not be made where the departure, expulsion or transit of the alien is made more difficult by or on the basis of access to a third country.

  • 2 The endorsement referred to in the first paragraph shall indicate the departure or expulsion of the foreigner, stating the date and, if necessary, the reason for the departure or expulsion.


Article 4.29

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  • 1 The officials responsible for the supervision of aliens shall, in the travel and identity paper of a foreigner, take notes on:

    • a. Notification or conjugation with the basket case;

    • b. the place of residence or stay within the Netherlands and departure from abroad;

    • c. the imposition of an individual obligation to submit periodic notification in accordance with Article 54, third paragraph, of the Law ;

    • d. Limit the freedom of movement according to Article 56 of the Act ;

    • e. departure or expulsion from the Netherlands;

    • f. Unhabituated statement;

    • g. the date and place of entry in the Netherlands; and

    • h. [ Red: expired by renumbering;]

    • i. [ Red: expired by renumbering;]

    • j. the entry ban.

  • (2) Any cancellation or revocation of a note entered in the travel or identity paper of a foreigner shall be marked by the official who carries out the cancellation or cancellation of his or her own account and of his or her order.

  • 3 By way of derogation from paragraph 1, an endorsement may be made on a separate entry sheet to be provided to the alien where:

    • a. The travelling or identity paper of the foreigner does not lend itself to the setting of such a note;

    • b. The foreigner is holder of a foreign foreign foreign or refugee passport;

    • c. The foreigner does not have a valid document for crossing the border; or

    • d. The foreigner holds a document as intended in Article 4.21, first paragraph, point a, b, c or d , and is not in possession of a valid document for border crossing.


Article 4.30

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  • 2 The date of notification is indicated in the note of endorsement.

  • 3 The endorsement indicates whether the alien is allowed to perform work and or for this work under the Foreigners law an employment permit or a combined permit is required.

  • 4 If it is a foreigner who has come to the Netherlands to search for a seaman on board a seagoing vessel, the endorsement may be supplemented by a phrase from which it appears and an outward date of residence shall be recorded.


Article 4.31

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  • 1 The endorsement referred to in paragraph 1 Article 4.29, first paragraph, point (e) , shall be lodged if on the basis of Article 3.1 Expulsion of the alien shall be omitted. The date on which the application was received is also registered. If the application is rejected, it shall be registered as 'dilapiated'.

  • 2 The endorsement indicates whether the alien is allowed to perform work and or for this work under the Foreigners law an employment permit or a combined permit is required.


Article 4.32

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  • The endorsement referred to in the first paragraph shall be lodged by the basket head.


Article 4.33

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  • 2 After the stranger has met for the first time the obligation to submit periodic notification under Article 4.51 , the following notifications may be made by setting the date of notification in the travel or identity paper.

  • 3 The endorsement referred to in the first and second paragraphs indicates whether the alien is allowed to work and or for this work in the light of the Foreigners law an employment permit or a combined permit is required.


Article 4.34

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  • 1 The notes to be taken into account Article 4.29, first paragraph, point (e) , concerning:

    • a. A note showing the outward date of departure, if the alien is in accordance with Article 62 of the Act a period has been awarded within which he must leave the Netherlands from its own movement;

    • b. a note showing the date on which the expulsion of the foreigner remains to be taken Article 64 of the Act ;

    • c. a note showing the date of the submission of a statement of objection, if the expulsion is omitted pending a decision on an objection lodged by the foreigner, if necessary with the deletion of the endorsement referred to in point (a);

    • d. a statement of eviction if, in the judgment of the corps de korpschef or the commander of the Royal Marechaussee, there exists reason to suspect that the foreigner will attempt to return to the Netherlands without complying with the requirements for access to the Netherlands.

  • 2 In the case of an endorsement referred to in paragraph 1 (b), it shall also be stated that work is not permitted.

  • 3 The endorsement referred to in paragraph 1 (d) shall not be drawn up if the departure, expulsion or transit of the alien is made more difficult by it or his or her admission to a third country.


Article 4.35

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  • 1 The endorsement referred to in paragraph 1 Article 4.29, first paragraph, point (f) , is placed, if the korpschef or the commander of the Royal Marechaussee suspects that the foreigner will attempt to return to the Netherlands without meeting the requirements for entry to the Netherlands. The endorsement shall not be made if the departure, expulsion or transit of the foreigner by, or his admission to, a third country is thereby impeded.

  • 2 The date on which the alien was declared undesired is shown in the endorsement.


Article 4.35a

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  • 1 The endorsement referred to in paragraph 1 Article 4.29, first paragraph, point (j) , is placed, if the korpschef or the commander of the Royal Marechaussee suspects that the foreigner will attempt to return to the Netherlands without meeting the requirements for entry to the Netherlands. The endorsement shall not be made if the departure, expulsion or transit of the foreigner by, or his access to, a third country other than another State as intended for the purposes of the application of the Article 1.3 That makes it more difficult.

  • 2 The duration of the entry ban and the date on which it was issued shall be as laid out in the note.


Article 4.36

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A ministerial arrangement may be used to determine the models of the notes provided for in this Section.


Section 3. Obligations under supervision

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Paragraph 1. Notice of change of place of residence or residence and departure abroad

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Article 4.37

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  • 1 The foreigner who is lawfully residing as intended in Article 8 (a) to (h) of the Act , is required to be used in the case of:

    • a. Change of address within the municipality where the foreigner resides or is staying, giving notice of this to Our Minister within five days;

    • b. change of residence or residence within the Netherlands, stating the new address, to give notice to our Minister within five days of arrival in the new place of residence or residence;

    • c. departure abroad, if possible, with the new address, to give notice to our Minister before departure.

  • 2 The notification referred to in paragraph 1 shall be omitted if the alien is registered as a resident with an address in the new place of residence in the basic registration persons.

  • 3 The foreigner who is not lawfully residing as intended Article 8 (a) to (h) of the Act , provides knowledge of change of residence or residence within the Netherlands as referred to in the first paragraph, point (b) if Our Minister progressates.

  • 4 The obligations set out in paragraphs 1 and 3 shall be laid down in respect of children below the age of 12 years by the legal representative. For children 12 years of age and older, these obligations may also be fulfilled by the legal representative.

  • 5 The obligations set out in paragraphs 1 and 3 of this Article shall not be incumbent upon the national of a State party to the Treaty on the Functioning of the European Union, the Agreement on the European Economic Area or the national of Switzerland with a right of residence of a maximum of three months as referred to in Article 8.11 .

  • 6 From departure abroad, no knowledge is given by the foreigner who lawfully resides as intended Article 8 (a) to (e) of the Act , if the foreigner has not moved his main residence abroad.


Section 2. The provision of data

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Article 4.38

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  • 1 The foreigner shall provide the information necessary for the application of the provisions of the Minister for the application of the provisions of Law and where it can reasonably have it, within the time specified in the claim.

  • 2 If, for that purpose, in the interest of the supervision of aliens there is reason to be justified, the claim referred to in the preceding paragraph may imply that the foreigner shall provide the information in person.

  • 3 In the interest of the registration of aliens, a claim referred to in paragraph 1 may be made by a general publication.

  • 4 If the foreigner is under twelve years of age, the claim, referred to in the first to third paragraphs, may be addressed to the legal representative.


Article 4.39

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The foreigner who has no lawful residence immediately makes notice of his presence in person notice to the basket chief.


Article 4.40

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Persons who provide night accommodation to a foreigner, who they know or reasonably suspect that this foreigner is not lawfully resident in the Netherlands as intended Article 8 of the Act , do so immediately to the basket shearer.


Article 4.41

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Employers, who are known to our Minister that they have employed a foreigner who was not lawfully resident or who was not permitted to do work, to our Minister, on his claim, immediately to the information on the alien who is employed, employed or employed in them. Our Minister may set a time limit within which the data will be provided.


Article 4.42

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  • 1 The foreigner who is lawfully residing as intended in Article 8 (i) of the Act And that labor is going to search or work, immediately communicate this to the basket chief.

  • 2 The first paragraph shall not apply to the alien who:

    • (a) holder of a valid temporary stay has been issued for a purpose of residence in which the provision of employment is permitted;

    • (b) demonstrate that he has come to the Netherlands for employment for a maximum period of 90 days from the time of its entry, or

    • c. has come to the Netherlands to sign on or to seek seaman work on board a seagoing vessel.

  • 3 The second paragraph shall not apply where the work consists wholly or in part of the conduct of sexual acts with third parties or the provision of sexual services to third parties, unless the alien is a Community national.


Article 4.43

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  • 1 The foreigner who is lawfully residing as intended in Article 8 (a) of the Act and it no longer meets the limitation under which the residence permit has been granted, it will be communicated to our Minister within four weeks.

  • 2 Without prejudice to paragraph 1, the holder of the European Blue Card issued by Our Minister, insofar as it has not been present for three years as the holder of that card in the Netherlands, shall notify our Minister in advance of his intention to a contract of employment with another employer. He shall, as far as possible, inform our Minister in advance of his unemployment and any other changes that may be relevant to the withdrawal of the European Blue Card.


Article 4.44

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The foreigner who lawfully resides as intended in Article 8 (a) to (e) or (l) of the Act and whose document, intended to Article 9 of the Act Where the lawful stay is found, missing, lost or has become unsound for identification, it shall immediately lodge a declaration with the Qur'er. The chief of staff will inform our Minister.


Article 4.44a

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  • 1 The reference which knows or may reasonably suspect that the foreigner, whose reference he is, no longer fulfils the limitation under which the residence permit has been granted, shall inform our Minister within four weeks.

  • 2 The referent makes communication within four weeks to our Minister of the termination of his relationship to the foreigner to the foreigner.

  • 3 In the case of ministerial arrangements, rules shall be laid down concerning the information to be provided by the reference;

    • a. The foreigner whose reference he has been or has been;

    • b. the fulfilment of its obligations as a reference; and

    • c. its position as a referent,

    and may, in respect of the reference, provide for an annual confirmation or correction of the information known to our Minister by his official record.

  • 4 In the interests of the supervision of foreign nationals or the supervision of referrers, our Minister or the official responsible for the supervision of aliens or the supervision of referrers may provide that the reference is given to the data in person.


Article 4.44b

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  • 1 The holder of a residence permit for certain time for the benefit of whose stay does not occur, provides our Minister with information which is important for the application of the law.

  • 2 In the interest of the supervision of aliens, our Minister or the official in charge of the supervision of aliens may determine that the foreigner provides the data in person.

  • 3 In the case of ministerial arrangements, detailed rules shall be laid down concerning the first paragraph.


Paragraph 3. Cooperation on recording data for the purpose of identification

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Article 4.45

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The cooperation of the foreigner, intended to Article 54, first paragraph, section c, of the Law , consists of:

  • a. the claim of Our Minister, an official in charge of the Border Guard or an official in charge of the supervision of aliens, made available of a well-looking passport photo; and

  • b. having to photograph themselves and have fingerprints taken.


Paragraph 4. Medical examination

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Article 4.46

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  • 2 The first paragraph shall not apply to the foreigner who is a national of one of the countries to be determined by ministerial arrangement, long-term resident or as a family member of a long-term resident in another Member State of the European Union is permitted.


Paragraph 5. Post-entry notification in the Netherlands

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Article 4.47

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  • 1 The foreigner who is lawfully residing as intended in Article 8 (i) of the Act and who has come to the Netherlands for a stay of more than 90 days, reports to our Minister within three days of entering the Netherlands in person.

  • 2 For the purpose of calculating the 90-day period referred to in the first paragraph, a period of 180 days prior to entry into the Netherlands shall be taken into account immediately prior to the entry into force.

  • 3 If the foreigner is under twelve years of age, the person to whom the foreigner lives or is residing shall make the notification.


Article 4.48 [ Expired by 28-11-2014]

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Article 4.49

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  • 1 The alien who holds a visa or a document for the border crossing which has been notified by the competent authority of a visa application to a foreign office in the Netherlands, shall register within three days after the date of the entry into force of the visa application. Entry into the Netherlands in person to the basket case.

  • 2 The first paragraph shall not apply to nationals of a State which is a party to the Treaty on the Functioning of the European Union or the Agreement on the European Economic Area and to nationals of Switzerland.


Article 4.50

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  • 1 The foreigner who came to the Netherlands to search for a seaman on board a seagoing vessel, is reported to the hive within three days of entry into the Netherlands.

  • 2 The first paragraph shall not apply to nationals of a State which is a party to the Treaty on the Functioning of the European Union or the Agreement on the European Economic Area and to nationals of Switzerland.


Paragraph 6. Periodic notification

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Article 4.51

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  • 2 The foreigner, referred to in the first member, shall report on a weekly basis, unless our Minister proposes another term, or grants an exemption.

  • 3 The first paragraph shall not apply if the alien has been deprived of his freedom of law.

  • 4 The first paragraph shall not apply to nationals of a State which is a party to the Treaty on the Functioning of the European Union or the Agreement on the European Economic Area and to nationals of Switzerland.


Paragraph 7. Documents and the lodging of security

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Article 4.52

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  • 1 The stranger supplies the document, meant in Article 9 of the Act , in accordance with the rules of our Minister, in our Minister or the Chief Minister:

    • a. as soon as he is no longer lawfully staying, but no later than the time at which the departure period is intended to Article 62 of the Act , shall expire;

    • b. Before his departure abroad, if he is moving his main residence outside the Netherlands;

    • c. if a new residence document has been issued to the foreigner;

    • d. If the foreigner is granted the Netherlands.

  • 2 The person who obtained the Nederlandership delivers the document, intended Article 9 of the Act , in accordance with rules laid down by our Minister, in our Minister or the Chief Minister.


Article 4.52a

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  • 1 The official in charge of the border control or the supervision of aliens may be from the foreigner who is the Netherlands Article 62, first paragraph, of the Law of its own movement within four weeks shall require an exit security in order to reduce the risk of the foreigner from withdrawing from the supervision.

  • 2 The security referred to in paragraph 1 may also be required in the case of postponement of departure or expulsion:

    • a. On the ground that the departure or expulsion would be contrary to the principle of non-refoulement;

    • b. as long as the foreigner has lawful residence as intended in Article 8 (h) or (j) of the Act ; or

    • c. for technical reasons, such as the lack of means of transport or the failure of the departure or expulsion due to insufficient identification.

  • 3 The security referred to in the first paragraph may consist of:

    • a. Presentation of a travel or identity document;

    • b. Presentation of a passport jet;

    • c. the deposit of a deposit;

    • d. A declaration by a solvent third party who shall be responsible for the cost of the costs;

    • e. the presentation of proof of possession of an insurance covering the sickness costs in the Netherlands is fully covered.

  • 4 The model of the guarantee certificate shall be established by means of a ministerial arrangement.


Article 4.52b

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  • 1 The deposit, for the purpose of Article 4.52a, third paragraph, point (c) , in any case, our Minister shall return to the rightholder:

    • a. once the foreigner, intended in Article 4.52a, first paragraph , within the time of departure from the Netherlands, left by his own movement, without having been in the intervening period of supervision; or

    • b. as soon as the foreigner, after postponement of the departure or eviction, is intended to Article 4.52a, second paragraph , the Netherlands has left or has been expelled without having been in the intervening period of supervision.

  • 3 The deposit shall be returned and interest shall be paid as soon as possible after one of the grounds set out in the first paragraph arises.


Paragraph 8. Administration lights

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Article 4.53

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  • 1 The reference shall conduct, in accordance with rules laid down by a ministerial arrangement, an administration of data relating to:

    • a. The foreigner whose reference he is or was;

    • b. the fulfilment of its obligations as a reference; and

    • c. his position as referent.

  • 3 In so far as it is necessary for the observance of the obligation to provide the information and the administration of the administration, and as such is not disproportionate to the personal life of the person concerned, the reference of the alien shall require information to be given. which are of interest for the application of the provisions of the provisions of the Law and provides the foreigner with that data.

  • 4 The referent shall provide our Minister or the official with responsibility for the supervision of referents in accordance with rules to be made by our Minister for the administration. For a period of five years from the date of termination of the reference ship, the former refers to the administration and, at the request of the official, responsible for the supervision of references, the particulars and documents of which are of interest to the person concerned. Supervision of referrers.

Chapter 5. Restrictions on liberty and freedom of liberty

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Paragraph 1. Restrictive measures

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Article 5.1

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  • 1 The measure of the restriction of freedom of movement, intended to Article 56, first paragraph, of the Act may consist of:

    • a. an obligation to be present in the Netherlands in a certain part of the Netherlands; or

    • (b) an obligation to abide by a prohibition to be located in a certain part or parts of the Netherlands.

  • 2 The measure, referred to in the first paragraph, shall not be imposed on the foreigner who has lawful residence on the basis of Article 8 (a) of the Act and holds an EU residence permit for long-term residents issued by another State party to the Treaty on the Functioning of the European Union other than for security reasons.

  • 3 The measure is also not imposed on a holder of a European Blue Card issued by Our Minister, other than for reasons of security.


Paragraph 2. Freedom-free measures

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Article 5.1a

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  • 1 A foreigner as intended in Article 59, first paragraph, of the Act may be kept in custody on the ground that the importance of public policy or national security so requires, provided that:

    • a. A risk exists that the foreigner will evade supervision; or

    • b. The foreigner evades or impedes the preparation of the departure or the eviction proceedings.

  • 3 A measure of freedom of liberty on the basis of Article 6, third paragraph, of the Act be imposed in the framework of the border surveillance interest. It shall not be imposed or continued if there are particular individual circumstances which disproportionately render freedom of freedom of freedom.

  • 5 To the stranger can be on the basis of Article 6a of the Act imposed a custodial measure of liberty or the foreigner can on the basis of Article 59a of the Act to be kept in detention, if:

    • a. A concrete point of reference exists for a transfer as referred to in the Dublin Regulation; and

    • b. there is a significant risk that the foreigner will escape the supervision.


Article 5.1b

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  • 1 To the conditions for entry into service, specified in: Article 5.1a, first paragraph , or for the imposition of a measure of liberty, as referred to in Article 5.1a, paragraph 4, shall be met only if at least two of the grounds referred to in the third and fourth paragraphs are present.

  • 2 To the conditions for entry into service or for the imposition of a custodial measure, intended to be carried out in accordance with Article 5.1a, fifth paragraph , only if at least two of the grounds referred to in paragraphs 3 and 4 occur, at least one of those grounds, as referred to in the third paragraph.

  • 3 There is a heavy ground for retraining or for the imposition of a custodial measure if the foreigner:

    • a. The Netherlands has not entered the prescribed manner, or has attempted to do so;

    • b. has been in breach of the Aliens Legislation for some time to supervise aliens;

    • (c) has previously received a visa, decision, notice or notice showing the duty to leave the Netherlands and has not acted on its own initiative within the time limit laid down or set out therein;

    • d. does not cooperate sufficiently in the determination of his identity and nationality;

    • e. has provided incorrect or contradictory information relating to his identity, nationality or trip to the Netherlands or any other Member State in connection with his application;

    • f. has without necessity stripped of its travel or identity documents;

    • g. has made use of false or forged documents in Dutch legal traffic;

    • h. to an undesired foreigner has been declared as intended Article 67 of the Act or to him an entry ban has been issued with application of Article 66a, seventh paragraph, of the Law ;

    • i. has indicated that he will not act as a result of his obligation to return;

    • j. to have known at the border an application for the grant of a residence permit for a certain period of time to be submitted, and his application under the border procedure has not been taken into consideration, is inadmissible declared or rejected as manifestly unfounded;

    • k. has received a transfer decision and does not cooperate with the transfer to the Member State responsible for examining the application for asylum;

    • (l) a transfer decision has been given to him, on his initiative, to leave his own movement to the Member State responsible for examining his/her application for asylum, and not on his own initiative within the Member State concerned. period has left, or

    • m. has received a transfer decision and immediate transfer or transfer is necessary in the very short term for the purpose of realizing the transfer within six months of the agreement of the Member State responsible for the transfer. treatment of his/her asylum application.

  • 4 There is a light ground for retraining or for the imposition of a custodial measure if the foreigner:

    • a. Not to one or more of the other obligations of Chapter 4 has been held;

    • b. has submitted several applications for the grant of a residence permit which have not resulted in the grant of a residence permit;

    • c. does not have a permanent place of residence or place of residence;

    • d. does not have sufficient means of existence;

    • e. is suspected of any crime or has been convicted of any such offence; or

    • f. has done labour at odds with the Foreigners law .


Article 5.1c

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  • 3 In the assessment of the existence of an application submitted solely for the purpose of determining or distorting the execution of the return decision, Article 59b, first paragraph, section c, third, of the Act shall be involved in all circumstances of the case, including in particular:

    • a. Whether the foreigner has previously applied for the grant of a residence permit asylum for certain time;

    • (b) the period within which the alien has made known his application for the grant of a residence permit for some time in the light of his statements on this matter;

    • c. the circumstances under which the foreigner was found or made known his application;

    • d. Whether the foreigner is in the Schengen Information System for an entry ban on an entry ban;

    • e. the nationality of the person concerned in the light of the application of Article 30b, first paragraph, point (b) of the Act ,

    • f. the substantiation of the application.


Article 5.2

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  • 2 The first paragraph shall not apply where:

    • a. The detention of the foreigner who is placed in custody on the grounds of Article 59, first paragraph, point (a) of the Law is put forward under Article 59 (1) (b) of the Act, or vice versa;

    • b. the foreigner immediately prior to the decision to reinstate him on the grounds of Article 59 of the Act , has already been held in custody on the basis of Article 59a or 59b of the Law ;

    • c. the foreigner immediately prior to the decision to reinstate him under Article 59b of the Law, has already been put into custody on the grounds of Article 59 or 59a of the Act ; or

    • d. The prior hearing of the foreigner cannot be held off guard.

  • 3 Only in the case referred to in paragraph 2 (d), the foreigner shall be heard as soon as possible after the enforcement of detention.

  • 4 The hearing shall be made out in minutes.

  • 5 It shall be communicated to the foreigner in good time for the power to be conferred upon him by his counsellor.


Article 5.3

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  • 1 The measure in which the detention is based on Article 59 , 59a or 59b of the Law the measure shall be signed and signed; the measure shall state the reasons on which it is based. A copy of the measure shall be given immediately to the foreigner to whom the measure relates. The alien shall be informed in writing, in a language which he is able to or reasonably be able to assume, of the reasons for detention and of the procedures laid down in national law, to enable him to take the necessary steps to ensure that the national law is to challenge the detention order, as well as the possibility of asking for free legal assistance and representation.

  • 2 The first paragraph shall apply mutatis mutandis in the case of the imposition of the measure of freedom of liberty on the basis of Article 6, third or sixth paragraph, of the Law and in situations in which the detention of the alien is continued on a different legal basis.


Article 5.4

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  • 1 The retention on the basis of Article 59 , 59a or 59b of the Law is being implemented at a police station, a cell of the Royal Marechaussee, in a house of custody or a space or place as intended in Article 6, second paragraph , or Article 58, first paragraph of the Act . In the enforcement of detention, the alien is not further restricted in the exercise of fundamental rights than is claimed by the purpose of this measure and the maintenance of order and security at the place of implementation.

  • 3 The detention shall be removed as soon as no soil is present.


Article 5.5

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  • 2 The implementation of a measure of liberty as referred to in paragraph 1 shall, at the request of the alien, be notified as soon as possible to his closest relatives or to a diplomatic mission or consular office established in the Netherlands. representation of the State of which he is a national.

  • 3 In the case of a measure of liberty, a minor shall be notified of it as soon as possible, as soon as possible, to those who exercise parental authority or custody of that minor.


Article 5.6

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In accordance with general and special directions to be given by our Minister, the chief of staff or the commander of the Royal Marechaussee Our Minister is asking our Minister in good time before the expiry of the Article 94, first paragraph, of the Act the time limit for preservation or the continuation of such period.


Article 5.7

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  • 2 Article 5.3 shall apply mutatis mutandis if the designation referred to in the first paragraph is given by a separate decision.

Chapter 6. Departure, expulsion, transfer, travel ban and undesistated declaration

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Section 1. Departure, expulsion and transfer

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Article 6.1

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A risk as referred to in Article 62, second paragraph, point (a) of the Law can be adopted if at least two of the grounds are as intended Article 5.1b, third and fourth members , shall be applicable to the alien.


Article 6.1a

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  • 2 When applying the first paragraph, respect for fundamental rights, the dignity and physical integrity of the alien shall be respected.

  • 3 In the case of air eviction, our Minister shall take into account the common guidelines for security arrangements for joint removal by air referred to in Article 7 of the Council Decision of the European Parliament and of the Council of the European Communities. Union of 29 April 2004, No 2004 /573/EC (PbEU, L 261).


Article 6.1b

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  • 1 In the case of the foreigner Article 62, second paragraph, of the Law immediately must leave or is not left within the time limit applicable to him, the expulsion may be postponed. The postponement shall in any event take into account the physical or mental state of the foreigner and technical reasons, such as the lack of means of transport or the failure of the expulsion because of insufficient identification.

  • 2 Where the expulsion is postponed on the basis of the first paragraph, Article 4.52a of corresponding application, without prejudice to the application by the Commission Articles 54 and 56 of the Act Some.


Article 6.1c

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  • 1 Request for application of Article 64 of the Act shall not be filed than after the foreigner has given notice, in a manner determined by Our Minister, to seek to make a request in such a manner.

  • 2 The foreigner shall submit to the notice referred to in paragraph 1 at least the medical records relevant to the decision of Our Minister and other documents.

  • 3 To a request referred to in paragraph 1, a decision shall be given on the day of submission, unless the opinion of our Minister for the assessment of the request is considered necessary. In that case, our Minister shall inform the foreigner of the extension of the deadline for the adoption of a decision.

  • 4 This article shall continue to apply in respect of categories of foreign nationals to be notified by ministerial arrangement.


Article 6.1d

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  • 1 When the application for granting the residence permit is rejected, it shall be subject to an automatic assessment of its own motion as to whether there is any reason for applying Article 64 of the Act , except on the basis of Article 3.6, first paragraph , at the moment, a residence permit has been issued.

  • 2 The first paragraph shall apply only if the application relates to a residence permit as referred to in the Article 3.6, second paragraph , and it was the first such application.

  • 3 The first paragraph shall apply mutatis mutandis if the residence permit is withdrawn for a specified period or the application for extension of its period of validity is rejected, except that in such case, the term of office of the residence permit shall be rejected. Assessment shall be carried out only if the alien has submitted the relevant medical information and other documents for that evaluation.


Article 6.1e

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  • 1 When the first application for the grant of the residence permit is rejected for a specified period of time, it shall be of its own motion whether there is any reason for applying Article 64 of the Act , except on the basis of Article 3.6a, first paragraph , at the moment, a residence permit has been issued.

  • 3 The first paragraph shall apply mutatis mutandis if the residence permit is withdrawn for a specified period or the application for extension of the period of validity is rejected, on the understanding that, in that case, of its own motion Assessment shall be carried out only if the alien has submitted the relevant medical information and other documents for that evaluation.


Article 6.1f

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Article 6.1a shall apply mutatis mutandis to the transfer provided for in Article 63a .


Section 2. Removal costs of expulsion

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Article 6.2

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Our Minister is responsible for the costs of expulsion, which is intended to be Articles 65, second paragraph , and 66 of the Act to refer to the referent or former referent, the foreigner himself and, if he is a minor, to those who exercise or exercise the legal authority over him or on a transport undertaking.


Article 6.3

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  • 1 The costs of expulsion from a foreigner which Article 65, second paragraph, of the Law may be recovered from a transport undertaking, which shall be payable to the public body which has entered into costs.

  • 2 The costs of eviction referred to in the preceding paragraph shall in any event include the costs of:

    • a. the carriage of the foreigner to be put out on a first occasion, but in the manner which, having regard to the circumstances, is the cheapest one, to a place outside the Netherlands;

    • b. to accompany the foreigner to a place of departure from the Netherlands, as well as his escort to a place outside the Netherlands, to the extent that it is necessary; and

    • c. the residence of the foreigner in the Netherlands in the period after the transport undertaking of a border patrol official has been given the designation to transport the foreigner back to a place outside the Netherlands.


Article 6.4

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  • 1 The necessary costs of expulsion from the State or from other public bodies may be borne by the State, or by the other public entity, to be borne by the State or referred to in the reference or referred to by the Member State or by the other public authorities. foreigner and, if he is a minor, on those who exercise or exercise the legal authority of him.

  • 2 The costs of expulsion referred to in paragraph 1 shall include the costs referred to in paragraph 1 above. Article 6.3, second paragraph, points (a) and (b) On the understanding that the costs mentioned in point (b) of the second paragraph of Article 6.3 are not to be recovered from the reference or former reference. Ministerial rules lay down rules on the costs to be borne by the foreigner, his legal representative and his/her referent or former reference.

  • 3 By way of derogation from the first paragraph, the costs of expulsion shall not be taken up by the reference or former referent, if:

    • a. Those costs related to: Article 65, second paragraph, of the Law is able to be recovered from a transport undertaking;

    • b. Those costs have been incurred a year or more after the referrship has ended;

    • c. for the purpose of residence of the foreigner in the Netherlands, another as a referent;

    • d. the residence permit of the foreigner has been changed;

    • e. the foreigner has been placed in possession of a residence permit as intended Article 8 (b) ;

    • f. the foreigner becomes Dutchman or is to be treated as a Dutchman under any law;

    • g. the stranger has died.

  • 4 By way of derogation from paragraph 3 (b), the costs of eviction shall not be borne by the reference or former references of a foreigner, with whom the reference or former refers to a host agreement as referred to in Article 6 of the Directive. 2005 /71/EC has closed, in so far as those costs have been incurred six months or more after that host agreement has been terminated.

  • 5 The necessary costs of expulsion shall not be charged to the foreigner or, if it is a minor, to those who exercise or exercise the legal authority of him, if those costs can be recovered from his or her referent or former Reference.


Section 3. Entry ban

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Article 6.5

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  • 2 Against a foreigner, no entry ban shall be issued if:

    • a. As a victim or witness, a reflection period for the declaration of trafficking in human beings or the smuggling of human beings;

    • b. being a victim or witness-principal entitled to a residence permit for a certain period of time;

    • c. as a victim of domestic violence of the person in whom previous stay as referred to in Article 8 (a) (c) or (e) or (l) of the Act was authorised or taken as a victim of honour-related violence to a permanent residence permit for certain periods of time;

    • d. as a spouse, partner or underage child in the country of origin has been left by the person in whom previously lawful residence as intended Article 8 (a) (c) or (e) or (l) of the Act was authorised, and is eligible on that basis for the grant of a residence permit for a specified period of time;

    • e. to be eligible for a residence permit for a certain period of time on the ground that he cannot leave the Netherlands outside his debt;

    • f. is underage; or

    • (g) is eligible for a residence permit under Decision No 1/80 of the EEC-Turkey Association Council on the development of the Association, or is not to be expelled for reasons which would be contrary to the decision of 12 September The Agreement establishing an association between the European Economic Community and Turkey (Trb, 1963). 1964, point 217), the Additional Protocol to that Agreement was established in Brussels on 23 November 1970 (Trb. 1971, 70) or Decision No 1/80.

  • 3 The entry ban shall be lifted if one of the cases referred to in the second paragraph occurs.

  • A derogation may be made from the first to third members where the alien is a danger to public policy, public security or national security.

  • 5 In the case of ministerial arrangements, other cases where the entry ban may be omitted or is removed for humanitarian or other reasons may be designated.


Article 6.5a

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  • 1 The duration of the entry ban shall not exceed two years.

  • 2 By way of derogation from the first paragraph, the duration of the entry ban shall not exceed one year, if it concerns the alien who is the free term, intended Article 3.3 , has exceeded by more than three days but not more than 90 days.

  • 3 By way of derogation from the first and second paragraphs, the duration of the entry ban shall not exceed three years if it is a foreigner who has been sentenced to a custodial sentence of less than six months.

  • 4 By way of derogation from the first to third paragraphs, the duration of the entry ban shall not exceed five years, if it is a foreigner who:

    • (a) has been sentenced to a custodial sentence of six months or more;

    • b. has used false or forged travel or identity papers or has intentionally provided travel or identity papers which are not related to him;

    • c. has already been the subject of more than one return decision; or

    • d. has entered the territory of the Netherlands while an entry ban was in force.

  • 5 By way of derogation from the first to fourth paragraphs, the duration of the entry ban shall not exceed 10 years if it concerns a foreigner who poses a serious threat to public order or public security. This serious threat may turn out inter alia:

    • a. a conviction following a violent crime or an opium crime;

    • b. a conviction for a custodial sentence for a criminal offence at which a prison sentence of more than six years has been threatened;

    • c. the fact that he is opposed to Article 1F of the Refugee Convention; or

    • d. the imposition of a measure as referred to in Article 37a of the Code of Criminal Law .

  • 6 By way of derogation from the first to fifth paragraphs, the duration of the entry ban shall not exceed 20 years if the foreigner, in the opinion of Our Minister, poses a serious threat to national security, or if he/she considers it to be It considers that important interests remain in place for more than 10 years.


Article 6.5b

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  • 2 In cases other than those referred to in the first member, Our Minister may, upon application, lift the entry ban if the foreigner demonstrates that since his departure from the Netherlands after the entry ban he has an uninterrupted period of at least half of the duration of the entry ban outside the Netherlands has remained and during that period he has not been guilty of criminal offences and that he is not subject to criminal proceedings.

  • 3 The data referred to in Article 4:2, 2nd paragraph, of General Law governing the administrative law In any case, the foreigner shall, in the case of the application referred to in the second paragraph, be:

    • a written declaration that he complies with the conditions for the lifting of the entry ban referred to in paragraph 2;

    • b. A copy of the documents for border crossing that the foreigner has held since his entry ban;

    • c. provide a summary of the places where the foreigner has resided since his entry ban, provided for supporting documents;

    • d. a written declaration issued by the competent authorities of the State or States in which the foreigner has resided since his entry ban, that the foreigner has not committed any crime during that stay; and is not subject to criminal prosecution.

  • 4 The third paragraph, part d, does not apply to the foreigner with regard to who is determined from the duration of the entry ban with application of Article 6.5a, first or second member .


Article 6.5c

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In very exceptional and urgent cases, Our Minister may temporarily lift the entry ban. The temporary abolition shall set out the conditions governing the place of entry and the duration of the stay in the Netherlands.


Section 4. Undesistated statement

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Article 6.6

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  • 1 The application for the removal of the unhabitation declaration, as referred to in Article 68, first paragraph, of the Act , is granted, if the alien is not subject to criminal prosecution of any offence, and this stranger:

    • a. If he has been declared undesired for a violent crime, an opium offence or a crime against which a prison sentence of more than six years has been threatened, after the unhabitation certificate has been outside the Netherlands for at least 10 consecutive years stayed;

    • b. if he has been declared undesired by reason of the offences other than those referred to in subparagraph (a), having remained outside the Netherlands for at least five consecutive years following the undesistated declaration;

    • c. if he has been declared undesired on the basis of Article 67, first paragraph, point (a) of the Act , having remained outside the Netherlands for at least one year after the undesistated declaration.

  • 2 By way of derogation from the first paragraph, introductory wording and point (b), the application shall be accepted after the alien has resided outside the Netherlands for at least 10 consecutive years, if significant interests have been taken into account in the judgment of Our Minister to oppose the removal of the undesireated declaration after five years.

  • 3 The time limits referred to in paragraph 1 shall be re-established if the alien during the undesiresated declaration:

    • a. A criminal offence has committed a criminal offence which might result in an unhabitable declaration; or

    • (b) has stayed in the Netherlands without prior temporary termination or in breach of the conditions attached to such temporary termination.

  • 4 The data referred to in Article 4:2, 2nd paragraph, of General Law governing the administrative law , which the stranger provides in any case:

    • a. a written explanation from the foreigner that since his departure from the Netherlands after the undesirous statement ten, he has stayed for five consecutive years or one year outside the Netherlands and that he is not in the period has been guilty of criminal offences and has not been subject to criminal prosecution;

    • b. A copy of the documents for crossing the border that the foreigner has held since his unhabitation statement;

    • c. an overview of the places where the foreigner has resided since his unhabitation statement, provided supporting evidence; and

    • d. a written declaration issued by the relevant competent authorities of the country or countries where the foreigner has resided since his unhabitation statement, that the foreigner has not committed himself during that stay crimes and not be subject to criminal prosecution.


Article 6.7

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In very exceptional and urgent cases our Minister may temporarily lift the undesiresable statement. The temporary abolition shall set out the conditions governing the place of entry and the duration of the stay in the Netherlands.

Chapter 7. Remedies

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Article 7.1 [ Reports by 01-07-2004]

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Article 7.2

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  • 1 The expulsion of the foreigner remains, by way of derogation from Article 73, second paragraph, of the Law In the case of a foreigner, which:

    • a. is a national of a country which is a party to the European Convention of 60;

    • b. immediately prior to the time at which the lawful stay, intended in Article 8 (a) to (e) or (l) of the Act has ended, during a period of two consecutive years, this lawful residence;

    • c. has not established his main residence outside the Netherlands; and

    • d. has objected to a decision in due time or has appealed against a decision terminating the lawful stay.

  • 2 The first paragraph shall continue to apply if the expulsion of the alien is justified by overriding reasons of national security.


Article 7.3

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  • 1 If a request for a provisional provision has been made to avoid eviction before it is decided on an appeal against a decision taken in response to an application for a residence permit is granted for a certain period of time The foreigner is allowed to await the ruling on this request here.


Article 7.4

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  • 1 To a single minor, an alien whose profession has no real chance of succeeding, shall only withhold legal aid if the representative of the minor has been brought in accordance with national law. has qualifications.

  • 2 If a court judge considers the right of a single minor foreigner to remain in the Netherlands pending the appeal decision, the single minor shall serve as a foreigner at least on interpreting and interpreting services. have legal aid and have at least a week's time to make the request for that purpose.

Chapter 8. General and penal provisions

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Section 1. Data in kind

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Article 8.1

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  • 1 Our Minister provides, in the manner described in this Article, the information relating to the right of residence of a foreigner who is a governing body or body referred to in the Treaty. Article 107, 10th paragraph of the Act necessary for the grant of benefits in kind, provisions, benefits, exemptions or licences.

  • 2 The general information relating to the right of residence of foreign nationals shall be provided by our Minister to the College of Mayor and Alderman for the purpose of providing them by virtue of the Basic registration law to an institution referred to in the first paragraph. The general information is the information relating to the right of residence of the foreigner, which is to be found in Annex 1 to the Decision basic registration persons .

  • 3 A governing body or a body referred to in Article 107, 10th paragraph of the Act ask our Minister immediately further details of the residence status of a foreigner, if at the administrative organ or a body referred to in Article 107, 10th paragraph of the Act , after consultation of the general information relating to the right of residence of a foreigner from the basic registration persons, there is no clarity as to the position of that foreigner's residence status, since:

    • a. the foreigner does not exist in the basic registration persons, but does possess the shelved, intended in Article 9, second paragraph, of the Act ;

    • (b) the data relating to the right of residence in the basic registration persons deviate from the information concerning the period of residence of that foreigner, intended for Article 9, second paragraph, of the Act , or

    • c. the right of residence in the basic registration persons and the protection provided by the person concerned; Article 9, second paragraph, of the Act deviate from other documents available to the administrative organ, which shall have the effect of casting doubt as to the accuracy of the information relating to the position of the foreigner.

  • 4 Our Minister provides the governing body or an organ as intended Article 107, 10th paragraph of the Act In the cases referred to in paragraph 3, the details of the position of the foreigner shall be given immediately upon request.

  • 5 Where a governing body or body referred to in Article 107, 10th paragraph of the Act , in an individual case, there is evidence that a change in the residence status of a foreigner occurs in the short term or has recently been a change in the residence law position and the governing body has reasonable grounds for making provision for a provision, provision, benefit, exemption or authorisation for reasons of urgency to allow the adaptation of the general data to be made to the basic registration persons, without delay, send to our Minister any further details of any relevant change in the residence status of the foreigner. The request shall be made in writing.


Article 8.2

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  • 1 A governing body or a body referred to in Article 107, 10th paragraph of the Act provide information on the allocation or termination of benefits, provisions, benefits, waivers or licences to a foreigner, who are required for:

    • (a) the granting, extension of the period of validity of, the change in the residence status of, or revocation of, a residence permit as referred to in the Article 8 (a) to (d) of the Act ;

    • b. the assessment of whether the conditions and limitations under which that residence permit has been granted are satisfied; or

    • c. the assessment of whether a foreigner as a Community national has lawful residence as intended in Article 8 (e) of the Act .

  • 2 Where, from the reasons of the right of residence, in the basic registration persons, or from a document on the document provided for in this Regulation, the information is given in the form Article 9, second paragraph, of the Act indicates that the right of residence has been granted under the restriction that an appeal to the general remedies may have an effect on the right of residence, provides a governing body other than a body referred to in Article 3 (1) of the Treaty. Article 107, 10th paragraph of the Act , on its own initiative, as soon as possible, the information referred to in paragraph 1 necessary for the assessment of compliance with this restriction.

  • 3 Where, from the reasons of the right of residence, the basic registration information, or a document on the document, is intended to be recorded in the form Article 9, second paragraph, of the Act indicates that the right of residence is granted under the restriction that employment is not permitted or that work is allowed only in the case of a particular employer, or employment is permitted only with a combined licence or a employment permit, provides a governing body other than a body as referred to in Article 107, 10th paragraph of the Act , in charge of the provision of exemptions or licences as referred to in the Articles 8.3 and 8.4 , on its own initiative, as soon as possible, the information referred to in the first paragraph necessary for the assessment of compliance with this restriction.

  • 4 Our Minister may, in agreement with our Minister, provide that the data referred to in this Article shall be provided periodically or in a standardised format.


Article 8.2a

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  • 1 Data and information to assist the Aliens Administration may be provided in any case by:

    • a. The colleges of mayor and alderman, as far as these are entrusted with the implementation of the Basic registration law , the Participation Act and related income laws and the Incivil law ;

    • b. the Social Insurance Bank;

    • c. The Implementing Institute Employee Insurance;

    • d. the National Tax Office;

    • e. the Minister of Home Affairs and Kingdom Relations, as far as he is responsible for the implementation of the Basic registration law ;

    • f. the Department of Conduct Education of the Ministry of Education, Culture and Science;

    • g. the Municipal Health Service, intended in Article 17 of the Public Health Act ;

    • h. the Social Affairs and Employment Inspectorate;

    • i. the Chamber of Commerce;

    • j. FIOD-ECD.

  • 2 Information and information shall be provided in any case for the purposes of the aliens administration, if they are necessary for:

    • (a) preparation of decisions on the authorisation of the provisional stay, the residence permit and the undesistable declaration;

    • b. the recognition as a referent, and the suspension and revocation of that recognition;

    • c. the supervision of compliance with legal requirements with regard to the border control, the supervision of aliens and the oversight of foreign nationals;

  • 3 Under ministerial arrangements, rules shall be laid down concerning:

    • a. the cases in which and the manner in which data and information are supplied in any case;

    • b. the transmission of data and intelligence;

    • (c) the removal and destruction of the information entered in the Aliens Administration;

    • d. cases where the provision of information and intelligence is carried out without charge.

    The rules referred to in points (a) and (b) shall be made in accordance with our Minister responsible, unless it follows from the nature of the information that there is no need to do so.


Article 8.3

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  • 2 The foreigner, referred to in the first member, cannot claim the award of permits and waivers by governing bodies of municipalities, provinces, waterboards and with application of the Common Arrangements Law public bodies or common arrangements established, to the extent that those permits or exemptions relate to pitches, markets, vents, collections, events or occupational or business activities.


Article 8.4

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The foreigner who lawfully resides in the Netherlands on the grounds, named in Article 8 (f) to (j) of the Act , no claim can be made to a decision referred to in Article 8.3 .


Division 2. Derogation under Conventions

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Paragraph 1. Benelux

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Article 8.5

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  • 1 To a foreigner who is a national of Belgium or Luxembourg and who holds the required document for frontier crossing may, by way of derogation from Chapter 2 , access to the Netherlands should only be denied if it poses a current threat to public order or national security.

  • 2 The officials in charge of the border control or the officials responsible for the supervision of aliens shall not refuse access to the Netherlands to a foreigner as referred to in paragraph 1, following a special appointment of our Minister. The refusal shall be in writing.


Article 8.6

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  • 1 The application for granting of a residence permit for a specified period of time lodged by an alien who is a national of Belgium or Luxembourg who is not a Community national may be rejected only if the foreigner:

    • a. constitutes a current threat to public policy or national security; or

    • b. does not have sufficient means of existence.

  • 2 The application for the extension of the validity of the residence permit shall not be refused for a specified period of time lodged by the foreigner referred to in paragraph 1, and the residence permit shall not be withdrawn, on the ground of the fact that the foreigner no longer possesses sufficient means of existence.

  • 3 By way of derogation from Article 21, first and sixth paragraph, of the Act , the application for the grant of a residence permit shall be for an indefinite period lodged by a foreigner as referred to in the first paragraph which has not yet been lawfully resident for a period of five years, but only rejected, if:

    • a. constitutes a current threat to public policy or national security; or

    • b. does not have sufficient resources of existence on an independent and sustainable basis.

  • 4 By way of derogation from Article 21 of the Act , the residence permit may be withdrawn for an indefinite period of time granted to the foreigner referred to in paragraph 1 only on the basis of the land referred to in point (a) of the third paragraph.


Paragraph 2. EG/EEA

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Article 8.7

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  • 1 This paragraph applies to aliens who are nationals of a State which is a party to the Treaty on the Functioning of the European Union or to the Agreement on the European Economic Area, or Switzerland, and who are moving to the Netherlands or staying in the Netherlands.

  • This paragraph shall also apply to members of the family who accompany or join him in the Netherlands in the Netherlands as referred to in the first paragraph, as far as they are concerned:

    • a. the spouse;

    • b. The partner, with whom the foreigner has entered into a partnership valid under Dutch international law, registered as a registered partnership;

    • c. Direct blood-related relationship, of a foreigner as referred to in the first paragraph, or of his spouse or registered partner, to the extent that the relationship is less than 21 years of age or is dependent on that spouse or registered partner; or

    • d. the direct relative in ascending line dependent on the foreigner or of the member of the family referred to in point (a) or (b).

  • This paragraph shall also apply to members of the family other than those referred to in the second paragraph, who shall accompany or join him in the Netherlands as referred to in the first paragraph, in case they:

    • a. In the country of origin, being charged to or indwelling with that foreigner; or

    • b. Due to serious health reasons, a personal care by that foreigner needs to be strictly.

  • 4 This paragraph applies equally to the unmarried partner who accompanies or joins him in the Netherlands as referred to in the first paragraph, and who has a properly proven durable relationship with that foreigner; and to the direct blood relative in the descending line of such a partner, to the extent that it is less than 18 years of age and that partner accompanies it or joins that partner in the Netherlands.


Article 8.8

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  • 1 To a foreigner as intended in Article 8.7 In the possession of a valid document for crossing the border, access to the Netherlands may be refused only on grounds of public policy or public security or public health:

    • a. If, on the basis of his personal conduct, the alien constitutes a current, real and serious threat to a fundamental interest of society;

    • b. in the case of potential epidemic diseases as defined in the relevant instruments of the World Health Organisation or other infectious diseases or infectious parasitic diseases, in respect of which protection in the Netherlands arrangements with regard to the Dutch are affected;

    • c. if he has been removed from the Netherlands for reasons of public policy or public security, and no reasonable period of time has expired since the removal.

  • 2 Officials responsible for border surveillance or for the supervision of aliens shall not refuse access to the Netherlands to a foreigner as referred to in paragraph 1, following a special appointment by Our Minister. The refusal shall be in writing.

  • 3 The first and second paragraphs shall not apply to the national of Belgium or Luxembourg who is not a Community national. On this stranger is Article 8.5 applicable.

  • 4 A foreigner who does not have the required document for crossing the border shall not be deported than after he has been given the opportunity to obtain or otherwise establish that document for a reasonable period of time. to prove that he enjoys the right to freedom of movement and residence.


Article 8.9

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  • 1 To a foreigner as intended in Article 8.7, second, third or fourth member , which is not the nationality of a State referred to in paragraph 1 of that Article, and which has a valid residence card issued by the competent authorities of a State referred to in Article 8.7, first paragraph, from which the State is In the absence of a valid visa, the right of residence as a family member shall not be denied. The passport shall not record any entry in the Netherlands or exit from the Netherlands.

  • 2 To a foreigner as intended in Article 8.7, second, third or fourth member , which is not the nationality of a State referred to in the first paragraph of that Article, nor does it have a valid residence card, all facilities shall be granted for the purpose of obtaining the necessary visas. Such visas shall be issued free of charge as soon as possible by an accelerated procedure.


Article 8.10

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The access of a person holding a Dutch passport or Dutch identity card issued by the Dutch authorities, and who is from another Member State for reasons of public policy, public security or public health if the document expires or the Dutch nationality of the holder is contested, it shall not be denied, if that person returns to the Netherlands from a State where he was allowed to stay under the conditions of the Treaty on the Functioning of the European Union, to the Agreement on the Functioning of the European Union European Economic Area, or under the Agreement of 21 June 1999 of the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (Trb. 2000, 16 and 86).


Article 8.11

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  • 1 The foreigner, intended in Article 8.7, first paragraph , has lawful residence for a period of three months after entry, if he:

    • a. dispots of a valid identity card or passport; or

    • b. provides proof of his identity and nationality unequivocally with other means.


Article 8.12

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  • 1 The foreigner, intended in Article 8.7, first paragraph , has been lawfully resident in the Netherlands for more than three months after taking in the Netherlands, if:

    • a. In the Netherlands, an employee or a selfemployed person or the Netherlands is set up to look for a job and can prove that he is looking for work and has a real chance of working;

    • For himself and his family members have sufficient resources of existence and an insurance cover covering the costs of the Netherlands ' health costs;

    • c. is registered for an education included in the Management Central Register courses higher education, which is intended to be used in Article 6.13 of the Law on Higher Education and Scientific Research , or in the Management Central Register of Vocational Training, Article 6.4.1 of the Education and Vocational Education Act In order to pursue a study or vocational training as a principal activity, it has an insurance which fully covers the sickness costs in the Netherlands and provides it with a declaration or equivalent means of making it available to him that he has the assurance that it has on adequate means of existence for himself and his family members;

    • d. a family member as intended in Article 8.7, second paragraph , is of a foreigner referred to in point a or b;

    • e. is the spouse, registered partner or child who is a dependant of a foreigner as referred to under c;

    • f. relative is as intended in Article 8.7, third paragraph , and he is, in the country of origin, dependent on or residing in the place of a foreigner as referred to in paragraph 1 (a), (b) or (c);

    • g. relative is as intended in Article 8.7, third paragraph , and because of serious health reasons, he is in need of a personal care by a foreigner as referred to in paragraph 1 (a), (b) or (c); or

    • h. Partner is as intended in Article 8.7, fourth paragraph , and he has a properly proven durable relationship with a foreigner as referred to in the first paragraph, point (a), (b) or (c), or direct blood relative to the descending line, under 18 years of age, is such a partner.

  • 2 The lawful stay of the alien, referred to in paragraph 1 (a), does not end for the sole reason that the alien is no longer an employed or self-employed person:

    • a. in the event of temporary incapacity for work as a result of illness or accident;

    • b. If, after work, he is involuntarily unemployed for at least one year and has been registered as a job seeker with the Implementing Institute for the insurance of workers in the workplace;

    • (c) for a period of at least six months, having become involuntarily unemployed by the end of a contract of employment of less than one year, or after having become unemployed involuntarily during the first 12 months, if he is registered as a job-seeking employee at the Implementing Institute of Workers ' Insurance;

    • (d) if he is going to follow a vocational training course which, except in cases of involuntary unemployment, is related to the professional activity of the previous occupation.

  • 3 For the purposes of point (b) of the first paragraph, the foreigner shall have an income equivalent to the normal amount in Article 3.74 has been established for the relevant category, at least on adequate means of existence.

  • 4 The foreigner, referred to in paragraph 1, may register with our Minister for registration in the Aliens Administration if he has stayed in the Netherlands for more than three months or is intended for more than three months in the Netherlands. stay.

  • 5 In the case of ministerial arrangements, rules may be laid down concerning the particulars and documents which the alien must provide or produce at the notification referred to in the preceding paragraph.

  • 6 Our Minister shall immediately issue a declaration of invitation to tender after the invitation to tender referred to in the fourth paragraph, indicating the name and address of the registered foreigner and the date of registration.

  • 7 The obligations defined in the fourth and fifth paragraphs shall be laid down in respect of children below the age of 12 years by the legal representative. For children 12 years of age and older, these obligations may also be fulfilled by the legal representative.


Article 8.13

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  • 2 The alien, as referred to in paragraph 1, shall report no later than one month after the end of the Article 8.11, second paragraph The period referred to by our Minister, in case he intends to stay in the Netherlands for more than three months, and submit an application for the issue of a residence document.

  • 3 When submitting the application, the foreigner shall submit:

    • a. A valid passport;

    • b. the certificate of registration of the foreigner, intended in Article 8.7, first paragraph , with whom he resides in the Netherlands;

    • c. a document proving the family-friendly relationship or lasting relationship with the foreigner, referred to in b; and

    • d. as long as he is resident in the Netherlands as a member of the family Article 8.7, second paragraph, point (c) or (d) : proof that he is such a relative;

    • e. as long as he is resident in the Netherlands as a member of the family Article 8.7, third paragraph -a certificate issued by the competent authority of the country of origin to be charged to, or residing with, the foreigner referred to in point (b), as evidence of serious health reasons which is the personal concern of that country of origin; necessarate a stranger;

    • f. as far as he is residing in the Netherlands as a partner as intended in Article 8.7, fourth paragraph : a declaration of relations to be adopted by ministerial arrangement;

    • g. as far as he is resident in the Netherlands as a direct blood relative in the descending line, under 18 years of age, of a partner as referred to in point f: proof that the condition is satisfied Articles 3.13 to 3.22 .

  • 4 Our Minister shall provide an attestation that the application has been submitted immediately after receipt of the application.

  • 6 The residence document shall be issued with a period of validity:

    • a. which is equal to the duration of the intended stay of the foreigner, intended in Article 8.7, first paragraph , for whom the foreigner is staying in the Netherlands, if it is less than five years old;

    • b. Five years in the other cases.

  • 7 The obligations set out in paragraphs 2 and 3 shall be laid down in respect of children below the age of 12 years by the legal representative. For children 12 years of age and older, these obligations may also be fulfilled by the legal representative.


Article 8.14

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The lawful stay of the foreigner, intended to Article 8.7, second, third or fourth member , who holds the nationality of a State as referred to in the First paragraph of that Article , does not end by the death or departure of the foreigner, intended in Article 8.7, first paragraph He was in the Netherlands. Nor does it end up by the dissolution or annulment of the marriage or the termination of the registered partnership.


Article 8.15

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  • 1 The lawful stay of the foreigner, intended in Article 8.7, second, third or fourth member , who are not nationals of a State referred to in the first paragraph of that Article, shall not end by absence from the Netherlands:

    • a. A maximum of six months per year;

    • b. For major reasons such as pregnancy and childbirth, serious illness, study or vocational training, for a one-off period of not more than 12 months;

    • c. for the fulfilment of military obligations;

    • d. for transmission for the purpose of carrying out activities.

  • 2 Without prejudice to paragraph 5, nor shall the lawful stay terminate by the death of the foreigner, intended in Article 8.7, first paragraph , with whom he stayed in the Netherlands:

    • a. If he resided in the Netherlands for at least one year prior to the death of that foreigner;

    • b. for completion of the study, if he resided in the Netherlands as the child of that foreigner and is enrolled in an educational establishment, or if he is the nursing parent of such a child.

  • 3 The second paragraph, introductory wording and point (b), shall apply mutatis mutandis to the departure of the foreigner, as referred to in Article 4 (2). Article 8.7, first paragraph And the stranger was staying in the Netherlands.

  • 4 Without prejudice to paragraph 5, the lawful stay shall not terminate either by the dissolution or annulment of the marriage or the termination of the registered partnership:

    • a. if the marriage before the beginning of the judicial procedure for divorce or invalidity, or the partnership for the termination thereof, has lasted for at least three years, the alien of which shall be at least one year in The Netherlands has stayed;

    • b. where the authority of the children is assigned to the alien by agreement between the former spouses or partners, or by judicial decision;

    • c. for the duration for which the treatment is prescribed, if the alien has, on the basis of an agreement or a judicial decision, the right of access to an underage child and the handling of a judgment in the court of justice The Netherlands must take place, or

    • d. where particularly poignant situations so warrant, for example, when a family member during the marriage or registered partnership has been the victim of domestic violence.

  • 5 By way of derogation from the second paragraph, point (a) and the fourth paragraph, the legitimate stay of the foreigner, as referred to in Article 4 (2), shall remain Article 8.7, second, third or fourth member , who is not the nationality of a state as referred to in the first paragraph of that article, subject to the condition that he possesses sufficient means of existence for himself and his family members to prevent them from being charged. from the social assistance system, unless he is the permanent right of residence, intended in Article 8.17 has been obtained, or has been shown to be:

    • a. employee or self-employed person;

    • b. has sufficient means of existence for himself and his family members to avoid being charged to the general resources during their stay in the Netherlands, and has an insurance that includes health insurance costs in the Netherlands. fully covered; or

    • (c) Family member of the family already formed in the Netherlands of a person meeting the conditions referred to in point (a) or (b).

  • 6 For the purposes of point (b) of the fifth paragraph, the foreigner shall have an income equivalent to the standard amount in force in the Article 3.74 has been established for the relevant category, at least on adequate means of existence.


Article 8.16

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  • 1 Without prejudice to: Articles 8.22 and 8.23 does not end the lawful stay as long as the foreigner is in the Articles 8.12 to 8.15 Specified conditions. In specific cases of reasonable doubt, our Minister may examine whether the conditions are met. The investigation shall not be carried out systematically. An appeal to the general pleas does not lead to an end to the lawful stay.

  • 2 Without prejudice to: Articles 8.22 and 8.23 , the lawful stay does not end as long as the foreigner, intended in Article 8.7, first paragraph :

    • a. is an employed or self-employed person; or

    • b. has come to the Netherlands to look for work and he can prove that he is still looking for work and has a real chance of work.


Article 8.17

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  • 2 For the purpose of calculating the uninterrupted stay referred to in paragraph 1, no interruption shall be an absence from the Netherlands:

    • a. A maximum of six months per year;

    • b. For important reasons such as pregnancy and childbirth, serious illness, study or vocational training, for a one-off period of up to 12 consecutive months;

    • c. for the fulfilment of military obligations; or

    • d. for transmission for the purpose of carrying out activities.

  • 3 When calculating the five-year uninterrupted lawful residence, referred to in paragraph 1, the period spent during the execution of a prison sentence, provision, juvenile detention or detention shall not be taken into account. Placement in a facility for systematic offenders.

  • 4 The five-year period referred to in the first paragraph shall not apply to:

    • (a) an employed or selfemployed person who has resided continuously for more than three years in the Netherlands, who has worked in the Netherlands for the last 12 months and who ceases to work at the time when he ceases to work; retirement age, intended in Article 7a, first paragraph, of the General old-age law , has reached;

    • (b) the worker who has resided continuously in the Netherlands for more than three years, who has worked in the Netherlands for the last 12 months and who is ceasing his work as a result of early retirement;

    • (c) the employed or selfemployed person who ceases to work after more than two years of continuous stay in the Netherlands as a result of permanent incapacity for work;

    • (d) the worker or self-employed person who, in the Netherlands, ceases to work because of permanent incapacity for work resulting from an accident at work or occupational disease resulting in the right to benefits which is wholly or partly dependant on the a Dutch institution;

    • e. the worker or self-employed person who, having worked continuously for three years in the Netherlands and having stayed in the Netherlands, is active in another Member State, holds his residence in the Netherlands and goes there at least once a week. returns.

  • 5 In the application of the fourth paragraph, the following shall be taken into account as periods of employment:

    • a period of involuntary unemployment, duly established by the Implementing Institute, of non-voluntary unemployment in which the alien has not worked for reasons of non-imputable reason;

    • b. the period of absence or interruption of work due to illness or accident.

  • 6 In the application of paragraph 4 (a) to (d), periods of activity in the Member State in which the person concerned is employed shall be regarded as periods of efficacy completed in the Netherlands.

  • 7 The conditions laid down in paragraph 4 (a) and (b) for the duration of stay and work, and the condition relating to the length of stay laid down in paragraph 4 (c) and (d), shall not apply where the spouse or the person concerned has been the registered partner of the worker or self-employed Dutchman is or has lost Dutch nationality as a result of the marriage to that employee or self-employed person.

  • 8 The family members of an employed or selfemployed person staying in the Netherlands have permanent permanent residence, if the worker or self-employed person is a nationality as intended for the purpose of Article 8.7, first paragraph , possession and:

    • (a) has acquired permanent permanent residence in the Netherlands on the basis of the fourth to seventh member; or

    • b. has died during his working life, before being entitled to permanent residence in the Netherlands under the fourth to seventh members of the Netherlands, and:

      • 1 ยฐ. he has remained continuously in the Netherlands at the time of his death for two years;

      • 2 ยฐ. his death was the result of an accident at work or occupational disease; or

      • 3 ยฐ. his spouse has lost Dutch nationality as a result of their marriage.


Article 8.18

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The right of permanent residence may be terminated only:

  • a. In the absence of more than two consecutive years from the Netherlands;

  • b. If serious grounds of public policy or public security are to be provided for that purpose.


Article 8.19

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Our Minister provides the foreigner, intended in Article 8.7 first paragraph , with a permanent right of residence upon request and after verification of the period of stay, a residence document, the model of which shall be established by ministerial arrangement. The residence document shall be provided as soon as possible. Article 25 of the Act does not apply.


Article 8.20

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  • 2 The application referred to in paragraph 1 shall be lodged before the expiry of the period of validity of the residence document provided for in the Article 8.13, fifth paragraph .


Article 8.21

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Termination of the lawful stay of the foreigner constitutes a break from the date on which the foreigner left the Netherlands.


Article 8.22

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  • 1 Our Minister may refuse or terminate the lawful stay, for reasons of public policy or public security, if the personal conduct of the foreigner is a current, actual and serious threat to a fundamental interest of (a) Before taking a decision, our Minister, in particular, takes into account the length of stay of the person concerned in the Netherlands, his age, state of health, family and economic situation, and social and cultural integration in the Netherlands. The Netherlands and the extent to which it has links with his country of origin.

  • 2 Our Minister may apply to the Member State of origin or other Member States no later than three months after the date of entry of the person concerned in the Netherlands or when issuing the certificate of registration or the residence document. information on the judicial authorities.

  • 3 Unless compelling reasons of public security so open, the legitimate stay shall not be terminated if the foreigner:

    • (a) has lived in the Netherlands for the previous 10 years; or

    • b. is underage, unless removal is necessary in the best interests of the child.

  • 4 The application for the removal of the undesiderable declaration may be made only after a reasonable period has elapsed since removal on grounds of public policy or public security or if such removal has been completed for at least three years has taken place prior to the application.

  • 5 A decision shall be adopted on the application referred to in paragraph 4 within six months.

  • 6 If the removal does not take place within two years of the denial or termination referred to in paragraph 1, our Minister shall examine whether the threat, referred to in paragraph 1, is still real and up to date, in which our Minister assess, in a material sense, in the circumstances of any change in the material sense since that denial of termination or termination.

  • 7 For the calculation of the ten years referred to in paragraph 3 (a), the period of time spent during the execution of a prison sentence, provision, juvenile detention or placement in a facility shall not be taken into account. for systematic offenders.


Article 8.23

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  • 1 Our Minister may refuse or terminate the lawful residence on grounds of public health in the case of potential epidemic diseases as defined in the relevant instruments of the World Health Organization or in the case of other infectious diseases or infectious parasitic diseases, in respect of which protective arrangements with regard to the Dutch are being affected in the Netherlands.

  • 2. lawful residence shall not be terminated on the basis of public health if the disease has occurred more than three months after the date of the entry of the alien.

  • 3 Our Minister may subject the foreigner to a medical examination free of charge within three months of embarkation if serious indications are given to that effect.


Article 8.24

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  • 1 The expulsion of the foreigner, in respect of whom the lawful residence has been denied or terminated for reasons of public policy, public security or public health, remains, if the foreigner has requested a court of supply of the application to be made at provisional level shall not be taken until that request has been taken, unless the decision is:

  • 2 The entry of the foreigner who has not authorized an application for the treatment of a statement of objection, or a notice of appeal, or a request for interim relief, against the termination of the lawful stay, shall not be refused, Unless:

    • a. The presence of the public order or public security will be seriously affected; or

    • b. The objection or appeal is directed against the refusal of access.


Article 8.25

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Our Minister may deny the lawful residence or terminate it, in the event of an abuse of law or if the foreigner has given inaccurate data or has withheld information while that data would have led to refusal of access or residence.


Paragraph 3. Other treaties

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Article 8.26

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Our Minister may lay down rules on the rights of aliens from the following treaties:

  • a. the European Convention on the Statute of the Treaties (Trb. 1957, 20);

  • b. the Refugee Convention (Trb. 1954, 88);

  • c. the Convention on the Status of Stateless Persons (Trb. 1955, 42);

  • d. the Agreement establishing an association between the European Economic Community and Turkey (Trb, signed in Ankara on 12 September 1963). 1964, point 217), the Additional Protocol to that Agreement was established in Brussels on 23 November 1970 (Trb. (5) Decision 1/80 of the EEC-Turkey Association Council on the development of the Association;

  • e. the Dutch-German-German Convention (Stb). 1906, 279);

  • f. the Dutch-Swiss Tractate (Stb. 1878, No 137);

  • g. the Dutch-American Friendship Treaty (Trb. 1956, 40);

  • (h) the Agreement between the Kingdom of the Netherlands and the Republic of Suriname on the residence and establishment of the other nationals (1975) (Trb. 1975, 133);

  • i. the Agreement between the Kingdom of the Netherlands and the Republic of Suriname on the Entry and Residence of Mutual Nationals with Annex and Protocol on Acquired Rights (1981) (Trb. 1981, 35);

  • j. the EC Association Agreements with Romania (PbEC 1994, L 357) and Bulgaria (PbEG 1994, L 358);

  • k. the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (Trb. 2000, 16 and 86);

  • ยก Economic Partnership Agreement between the CARIFORUM-States, of the one part, and the European Community and its Member States, of the other part (Trb). 2009, 18);

  • m. the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (Trb. 2012, 178);

  • n. the Association Agreement between the European Union and the European Atomic Energy Community and its Member States, of the one part, and Georgia, of the other part (Trb. 2014, 210);

  • o. the Association Agreement between the European Union and the European Atomic Energy Community and its Member States, of the one part, and Ukraine, of the other part (Trb. 2014, 160);

  • p. The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (Trb. 2014, 207).


Section 3. Biometric data

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Article 8.27

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The power to take and process fingerprints as intended Article 106a, first and second paragraphs, of the Act , shall not apply in respect of:

  • a. aliens who have not yet reached the age of six, and

  • b. aliens whose fingerprints are permanently physically impossible to take away from all fingerprints.


Article 8.28

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For determining identity or identity verification, on the basis of: Article 106a, first and second paragraphs, of the Act , digital flat fingerprints are taken.


Article 8.29

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  • 1 The fingerprints taken for determining the identity shall be stored in a file designated by Our Minister in the Aliens Administration for that purpose.

  • 2 The change and destruction of the fingerprints in the aliens ' records shall be made from the file, as referred to in paragraph 1.

  • 3 In verifying the authenticity of the document, referred to in Article 9 of the Act , or the verification of the identity of the foreigner, the fingerprints are only stored and processed for the duration of the verification.

  • 4 Of the fingerprints may be included in the aliens ' records other than the file, referred to in paragraph 1, only copies.


Article 8.30

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  • 1 If, in the opinion of the official who decreases the fingerprints, physically or as a result of a temporary inability to require the alien to have fingerprints taken from him, he shall at least be the fingerprints taken and stored from the fingers, where this is possible according to the official. Any of the fingers of which no fingerprints have been taken shall be made an endorsement of the aliens ' records, stating the reason for that fact.

  • 2 The alien whose fingers are not permanently physically damaged shall be invited to have his fingerprints taken once again at a time of ministerial order.


Article 8.31

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  • 1 A visual recording as intended Article 106a, first paragraph, of the Act in any case, it shall be re-created and stored and 10 fingerprints shall in any case be re-stored and stored for aliens who are the age of 12 years and of foreign nationals who have reached the age of 18.

  • 2 A visual recording can be re-created and stored and fingerprints may be re-taken and stored in case a visual recording does not show a sufficient resemblance, or a visual recording or fingerprints of insufficient quality are.


Article 8.32

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  • 1 By ministerial arrangement, without prejudice to the provisions of Regulation (EC) No Council Regulation (EC) No 1030/2002 of 13 June 2002 on the introduction of a uniform format for residence permits for third-country nationals (PbEU L 157), documents referred to in Article 16 (2) of the Treaty establishing the European Union (PbEU L 157). Article 9 of the Act shall be indicated on which the fingerprints of the left and right index finger are included.

  • 2 If the quality of the printing of the index fingers is insufficient for inclusion on the document, fingerprints are included in either the middle fingers, ring fingers or thumbs.

  • 3 If only one finger of sufficient quality can be removed, only the imprint of that finger is included in the document.


Article 8.33

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In the case that in the case of identity fixing, verification of the authenticity of the document or verification of identity, there is no clarity about the accuracy of fingerprints, if necessary for the purposes of the verification of the identity of the document. identification, verification of the authenticity of the document or verification of identity, carried out by a dactyloscopic expert.


Article 8.34

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  • 1 The officials responsible for administering the aliens administration have direct access to the names and fingerprints of the aliens administration, in so far as they need such access for the proper performance of their accounts. task and our Minister has authorized them to do so.

  • 2 The availability of facial names and fingerprints to third parties shall be endorsed with the date on which and the organisation to which the data was supplied. This note shall be retained for a period of five years.

  • 3 The officials charged with the implementation of the Law may consult the facial names and fingerprints directly along automated road as far as they need that data for proper fulfillment of their task and Our Minister. has authorized them to do so.


Article 8.35

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The facial names and fingerprints included in the Aliens administration shall be kept for no longer than:

  • (a) five years after the application for the granting of an authorisation for the provisional period of stay has been rejected;

  • b. in the case of lawful residence: five years after the foreigner concerned, whose lawful residence has ended, has demonstrably left the Netherlands; or

  • c. if an entry ban is issued against the foreigner or if the foreigner has been declared inadvisable: five years after the expiry of the period of validity of the travel ban, the undesirous statement shall be the subject of an inhabitation notice.


Article 8.36

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A ministerial arrangement shall lay down rules on:

  • a. monitoring the accuracy and completeness of the facial names and fingerprints in the aliens administration and on the documents, meant in Article 9 of the Act ;

  • b. The protection of facial names and fingerprints against loss or unlawful processing;

  • c. the manner in which the facial names and fingerprints, on the basis of Article 107, fifth paragraph, of the Law to be made available;

  • d. the destruction of the facial names and fingerprints after the expiration of the retention period, Article 8.35 , and

  • (e) the removal and destruction of the visual recording and fingerprints at the request of the foreigner, on the ground that it has obtained the status of Community national other than through the acquisition of the Nederlandership.

Chapter 9. Transitional and final provisions

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Article 9.1

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Article 3.107a, second paragraph, part c As of 31 December 2014, the application shall continue to apply mutatis mutandis to applications as referred to in Article 3.107a, first paragraph, which has been served before 1 January 2015.


Article 9.2 [ Expired by 01-04-2003]

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Article 9.3 [ Expired by 19-06-2011]

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Article 9.4 [ Expired by 19-06-2011]

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Article 9.5 [ Verfalls by 19-06-2011]

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Article 9.6 [ Expired by 19-06-2011]

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Article 9.7 [ Expired by 19-06-2011]

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Article 9.8 [ Expaed by 19-06-2011]

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Article 9.9

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  • 2 The first paragraph shall not apply if, after the termination of the measure, the alien has again committed a crime, at which a prison sentence of three years or more has been threatened.


Article 9.10 [ Expired by 19-06-2011]

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Article 9.11 [ Exposition by 19-06-2011]

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Article 9.12

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If the proposal of the Law for the Comprehensive Review of the Aliens Act (House of Laws 2000) (Comrade) of 16 September 1999 (Chamber pieces I, 1999-2000, no. 26 732, No 263) after it is elevated to law, enters into force, this decision shall enter into force at the same time.


Article 9.13

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This decision is cited as: Xenophobia 2000.

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, 23 November 2000

Beatrix

The Minister of Justice,

A. H. Korthals

The Secretary of State for Justice,

M. J. Cohen

Published the seventh December 2000

The Minister of Justice,

A. H. Korthals


Annex referred to in Annex Article 8.7, first paragraph, point (b) , of the Aliens Decision 2000 [ Expiring on 29-04-2006]

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