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Resumed sending notifications about integration under the law Wi2013

On January 1, 2022, a new law on the integration of migrants in the Netherlands (Wet inburgering 2021 - Wi2021) came into force....

On January 1, 2022, a new law on the integration of migrants in the Netherlands (Wet inburgering 2021 - Wi2021) came into force. Up to this point, Wi2013 was in effect, and many migrants are still subject to the old law. The determining factor is the date of granting the right of residence by the IND.

Immediately after the entry into force of the new law, from January 1 to 19, confusion arose. Some migrants were mistakenly notified that they needed to integrate under the Wi2021 law. Therefore, the DUO (Dienst Uitvoering Onderwijs – Executive Agency for Education) temporarily suspended the sending of integration notices to persons subject to the Wi2013 law. Until June 1, 2022, sending such notifications will resume.

Difference between laws Wi2013 and Wi2021

Law Wi2021 introduces more stringent requirements for fulfilling the conditions of integration. In particular, a higher level of Dutch language proficiency will be required. If, according to the Wi2013 law, level A2 was sufficient, then according to the Wi2021 law, level B1 is already required. Read more about this in our articleHigher Dutch proficiency will be required to complete the integration from 2022».

Note! Integration means bringing migrants into a productive life in Dutch society. The main component of this process is linguistic integration.

Persons who settle in the Netherlands for a long time or for permanent residence, in particular who wish to acquire the citizenship of the country, are obliged to pass the integration examinations. Those who are obliged to integrate must within 3 years to pass language exams at level B1. For refugees, language exams are free of charge, everyone else must pay for them. Another important component of the integration process is employment or, alternatively, volunteering.

Integration requirements apply to those who come to work, to their partner, as a refugee or for any other reason. At the same time, there is exclusion list: integration requirements do not apply to certain categories of persons - see information on link.

Difficulties in implementing a new integration system

When some migrants erroneously received notifications to integrate under the Wi2021 law, this caused protests, and as a result, notifications were suspended at the initiative of the Ministry of Social Affairs and Employment (Ministerie van Sociale Zaken en Werkgelegenheid).

Difficulties arose in connection with the determination of which law, old or new, a particular migrant falls under. The criteria for such a determination, with explanations, are contained in link.

Important! In determining the date on which the integration obligation comes into effect, it is crucial the moment when the person acquired the right to reside in the Netherlands. If this date is after January 1, 2022, then the migrant is subject to Wi2021. The date of registration of the residence permit in the BRP (Basisregistratie Personen) does not play any role in this legal classification. The application of this distinction is complicated by the presence of exceptions.

In March of this year, the integration process was resumed for migrants who are subject to the Wi2021 law. For individuals subject to Wi2013, notifications with integration requirements have been delayed, in part because the Department of Social Affairs and Employment (SZW) has yet to decide on several groups of exemptions. Now the process has been resumed for all groups of migrants. The only issue that remains unresolved is the issue of those who erroneously received notifications in January.

Publication Date: 25.05.2022
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