Parents with their child
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Family members allowed to enter Netherlands immediately after reunification approval

Published at: 08/02/2023, 00:00

If family reunification is approved, family members no longer have to wait to come to the Netherlands. The Council of State ruled that on Wednesday.

'Nareismaatregel'

Last summer, the Dutch cabinet decided that family members of

status holders
would not be allowed to come to the Netherlands immediately. Family members had to wait a maximum of six months in their country of origin before being allowed to travel to the Netherlands. This was called the 'nareismaatregel' (after-travel measure).

Family members were only allowed to come to the Netherlands earlier even if there was already housing for them.

Criticism from lawyers

The government devised the 'nareismaatregel' (after-travel measure) to combat crowding in refugee reception centres. The situation in asylum reception centres was so bad at the time that people slept on the streets near the application centre in Ter Apel for nights on end.

However, legal experts previously warned that this 'nareismaatregel' is not allowed. By law, you cannot make family members wait if their family reunification has already been approved. Nor is it allowed under European law.

Court agrees with status holders

That is why a number of status holders went to court late last year. They did not want their family members to have to wait a long time, even though family reunification had already been approved. They were proven right by several courts. After that, their family members were allowed to come to the Netherlands.

Eric van der Burg, State Secretary for Asylum and Migration, disagreed with the courts' ruling. He appealed. However, the

Council of State
now rules that people who have permission for family reunification may come to the Netherlands immediately.

'Nareismaatregel' no longer allowed

The Dutch government may therefore no longer restrict family reunification for status holders. This applies to all cases: both for applications for family reunification that are already being processed, and for applications in the future.

What you need to know about family reunification

If you do not have a residence permit yet, find out on this page whether you can already prepare for family reunification.

Family reunification

If you have an asylum residence permit and want to reunite with family members, you can ask to have your family members come over to the Netherlands. This is called family reunification. On this page you can read about family reunification.

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