The Dutch Senate has approved a law introducing a two-tier asylum system, differentiating people fleeing war or natural disasters (B status) and those seeking asylum due to their ethnicity, religion, or sexual orientation (A status).
The two-tier system’s approval also brings stricter rules on family reunification and residence permits. According to reporting by NL Times, critics worry that the new policy will overtax the system and infringe children’s rights.
Family Reunification Seriously Limited
The two-tier system changes family reunification policies the most. “The main reason the government wants to introduce a two-tier system is to limit the possibilities of family reunification,” the Dutch Council for Refugees argued in 2024.
The introduction of A and B status also creates distinctions in terms of protection. With status A, those at personal risk of persecution will be “refugees,” while those with status B will receive “subsidiary protection” because the “general situation is unsafe” in their home country.
Those with B status, or subsidiary protection, face much harsher requirements than those with A status. Once their asylum residence permit is granted, they must wait two years before being eligible to apply for family reunification. Additionally, they are required to have housing and a sufficient, long-term income that contributes to taxes.
Rules will be updated on who you can bring as part of family reunification as well: biological and adopted children under 18 and legally married spouses. Applications for unmarried partners, foster children, and adult children are not allowed.
No Permanent Residency and Shorter Permits
When an asylum seeker received international protection in the Netherlands in the past, their residence permit was valid for five years, after which they were able to file for permanent residency.
According to the Immigration and Naturalization Service (IND) of the Dutch Ministry of Justice and Security, permanent residence permits will no longer be available to asylum seekers. Now, initial residence permits for A-status refugees will only be valid for three years instead of five. Applicants’ statuses are reassessed upon reapplication.
The laws only apply to new arrivals, so those currently in possession of residence permits can keep them under the same conditions they received them.
Larger Plans Failed – For Now
Geert Wilders’ far-right PVV party had motioned to tighten the bill even more by amending legislation to include a prison sentence of up to six months for illegally residing in the Netherlands besides these reforms. However, many worried that this carried the implications of ordinary citizens getting a criminal record for aiding undocumented asylum seekers.
“After all, the aid provider makes it possible for that person to remain illegally in the Netherlands,” the Council of State wrote to the NOS news organization. “Even limited forms of assistance, such as providing a cup of soup, can constitute complicity.”
Opposition parties stopped this amendment in the Senate, only adopting the two-tier system.
Obstacles in Implementation
The multiple status system has been used in the Netherlands before; the country only switched to a one-status system in 2000. Previous experiences show the determination of status requires more work and puts more pressure on judges delivering the verdict.
“This is because, legally speaking, it is almost impossible to distinguish between the two statuses,” says the Dutch Council for Refugees, adding that the multiple status system has led to tens of thousands of lawsuits in other states, like Germany.
The IND has stated that waiting times are increasing due to the number of applications. Standard waiting time is currently determined at 6 months; in an accelerated procedure, the timeframe is determined at 3 months.
Previously, the IND delivered an intended decision to which applicants could respond. Under the new process, applicants will only receive the final decision, which they can appeal in court. Additionally, second or consequent applications will receive more scrutiny; cases will only be reassessed if new information is submitted that “clearly increases the likelihood” of being granted residency.
Concerns Over International Law
According to the Dutch Council for Refugees, the obstacles for family reunification have become too high: “In practice, this means that most refugees will soon no longer be able to apply for family reunification. After all, we all know how difficult it is to find suitable housing – let alone for an entire family. And it often takes a long time for status holders to meet the income requirement, because they first need to learn the language well.”
“As a result, families are separated for years or permanently. This is a violation of human and children’s rights,” they said in a press release.
Mark Klaassen, assistant professor at the University of Leiden, agreed in 2023: “The UN Convention on the Rights of the Child (CRC) provides that the interests of minor children must be the first consideration in all decisions concerning children. (…) Restricting family reunification is not in the best interest of the child.”
New laws are expected to be implemented by June 12, along with the European Pact on Migration and Asylum’s new border procedures, leaving time for changes.
