Increasing cases of so-called multilevel family reunification. When an asylum seeker is allowed to stay in the Netherlands, he is entitled to take his family with him. This means that a parent can bring their spouse and children, and children can bring their parents and siblings.
However, the IND receives signals that adult children of an asylum seeker who travel to the Netherlands are immediately making independent asylum claims. Then they, in turn, can demand family reunification in order to bring their spouses and children to the Netherlands in the same way.
IND investigation
Representatives of the migration service call “improper use of the family reunification procedure” cases when one application for asylum subsequently entails the arrival of a large number of people in the Netherlands. On this occasion, an investigation began. The Migration Service monitored these cases for several months. According to an IND spokesperson, “the phenomenon is not new, but we want to get the full picture”. Moreover, in the process of family reunification, refugees ask for housing, and there are big problems with this in the Netherlands now.
It is not yet clear whether it is possible to say that there is a clear trend and that refugees are constantly abusing the procedure for family reunification. It also remains to be seen whether people from one country or several specific countries are more prone to violations.
The trailer problem
Secretary of State for Justice and Security Eric van der Burg in his recent speech to the government hinted at an increase in the number of so-called "trailers": “As soon as they get a residence permit, they say: but I also have my own family”.
The Secretary of State is pushing for a review of the rules for the repatriation of refugee families and emphasizes that family reunification is only allowed if the children are "part of the family", and not when they themselves have already created families: “Is the procedure for family reunification possible? Yes, if the children are dependent on the refugee status holder. Not if these children have families of their own.”
Limitation of the family reunification procedure
As we have wrote earlier, the government will restrict the influx of asylum seekers. This will mainly happen due to changes in the procedure for family reunification. People with a residence permit are only allowed to bring their family to the Netherlands if they have a place to live. If they live in an asylum center (asielzoekerscentrum, AZC), the family can only come to the Netherlands after 15 months.
Age limit
Until 2015, there was an age limit for family reunification: only minor children could join their parents. After 2015, the rules were adjusted: young people (under the age of 25) also got the opportunity to reunite with their families. In this way, situations where children barely reaching the age of majority were left in a vulnerable position in their country of origin were prevented. Due to the rulings of the European Court of Human Rights and the Council of State, the age limit had to be abandoned.
Dependency criterion
At the moment, children must prove that they are dependent on their parent(s), for example, do not have their own income. If the child does not show signs of independence, - written in the IND work instruction, - request will be granted regardless of age". It does not matter if the applicant is 19 years old or, for example, 42 years old. Children moving to the Netherlands with their parents must stay with these parents in "family relationships" and not provide for their livelihood on their own. In April 2022, the IND's work instructions included a wording regarding the fact that the child should not have a family of his own.
According to the IND spokesman, family reunification always raises the question of whether the child has a family of his own. Refugee children aged 23 and older are interviewed to learn more about their lives. However, a spokesman for the migration service admits that in practice IND can do next to nothing against multi-level family reunification.
Statistics
Until July 2022, inclusive, the Migration Service accepted 7310 asylum requests from family members of those who have already received refugee status. Mostly Syrians. In 2021, the Netherlands received 10.120 refugee family members, a figure more than double that of 2020. However, due to the COVID-19 pandemic, travel was difficult.
Refugees choose the Netherlands as their final destination because they are under the impression that family reunification is easy. In particular, in the Netherlands, a refugee status holder can apply for asylum on behalf of his family members. In other countries, each family member must do this independently in their country of origin, often at the embassy.
Clearly to be continued... And the Nalog.nl team will keep you fresh the news.
Publication Date: 28.09.2022
