Prolongation of temporary residence permit from 3 to 5 years.

The law that amends the "Vreemdelingenwet 2000" regulates that the temporary residents permit for asylum seekers will be 5 years instead of 3 years. Now the asylum procedures are uniform to the resident permits of regular immigrants.

This is a benificiary clause for asylum seekers as after 5 years of legal residentship, they would be entitled to a permanent resident permit and do not have to prolong their temporary permit for only a few years to
reach this five-year term.

Law on the duty to identify oneself

The Netherlands has a law which obligates peoples to identify themselves, e.g. by passport, driving license etc. The age when this obligation counts is minimum 14 years. Also the goal of identification must fit within the task of the police-officer. There is no oblitation to identify yourself
merely to check if you are in the possession of identification papers.

Foreigners can only be checked for documents as residence permits / work permit, if there is a genuine presumption that the foreigner is illegally residing in the Netherlands.

No appeal against MVV 'referent procedure' possible

In a court ruling from the RvS of 12 January 2004 (for those interested nr. 200306128/1 at www.rechtspraak.nl) the RvS stated that the advice obtained from the IND when applying for the 'referent procedure' can not be appealed against.

Guapa has stated that the referent procedure is an easy procedure for the Dutch resident to get a good assessment whether the MVV application for the partner will be granted. During this procedure the partner can stay on a tourist visa in the Netherlands.

Currently it is not possible to appeal when the advice is a negative one. For what it is worth, the appeal is of no real importance as the formal application for the MVV can still be made, once you know which criteria you should meet. Contact us if you have any questions at info@guapa.org or on 06 19 220 201.