Requirements
The following requirements apply to you:
- You are in the Netherlands.
- You applied for asylum in the Netherlands before. The IND rejected this application, or the IND withdrew your asylum residence permit.
- There are new elementsand findingsrelevant to your situation. For example, events have changed your personal situation or the situation in your country of origin. The new information can also be a policy change or a court judgment.
Process
The application process for the residence permit consists of the following steps:
The application process for the residence permit consists of the following steps:
-
1. Check requirements
open minusMake sure you meet the requirements. If you meet the requirements, you can complete the application form.
In the following situations no application form is needed and you can report immediately to the application centre in Ter Apel:
- Another EU country was responsible for your previous asylum application. That is why the IND did not consider your application. This means that the IND has not examined the content of your application. The Netherlands is, however, now responsible for your asylum application.
- Another EU country was responsible for your previous asylum application. That is why the IND did not consider your application. You returned to this EU country or the Netherlands transferred you to this EU country.
- The IND rejected your previous asylum application. Afterwards you returned to your country of origin and you can prove this. For example with stamps in your passport.
- The IND granted your last application, but later withdrew your residence permit. Afterwards you returned to your country of origin and you can prove this. For example with stamps in your passport.
-
2. Collect documents
open minusDo you have (original) documents to support your application? Then enclose them with the application form. Collect all documents before you apply.
Have official documents from abroad translated into Dutch, English, French or German.
-
3. Apply
open minusComplete the application form (model M35-O) for your second or following application. Do this in Dutch. A lawyer can help you with this. If you want a lawyer, you have to arrange this yourself before the start of the application process. Do you have family members aged 15 or over? Then they must always fill in their own application form. Do you have family members under 15? They only fill in their own application form only if they have personal reasons for wanting to apply for asylum.
Report to the application centre in Ter Apel
Report in person at the application centre in Ter Apel. Reporting is possible from Monday to Friday from 08.00 to 16.00.Are you also submitting an application for your minor children? Then they also have to go to the application centre in Ter Apel.
Verification of identity
The IND uses your documents and your fingerprints to check your identity. So bring identity documents with you, for example your passport.
Hand in your application
After checking your identity, a staff member sends you on to the HASA desk at the application centre. This is where you hand in the application form with all your documents. After applying, you will also have a right to reception. TheCentral Agency for the Reception of Asylum Seekers (COA)arranges this.
-
4. Application check
open minusThe IND checks whether you handed in the application in person and if it is complete.
The application is complete
If the IND has all the necessary information, we will start to process your second or following asylum application. You will receive a letter from the IND letting you know when your application process will start. The letter also says whether you must report for an interview at the IND. The IND can also decide that an interview is not necessary.
You did not hand in the application in person
The IND will give you a provisional decision (intended decision). You will be given 1 week to report to the application centre in Ter Apel. If you do not, the IND will not consider your application.
The application is not complete
The IND will give you a provisional decision (intended decision). It will state which information is missing from your application. The IND will give you time to send us this information. What if you do not send it within the time given in the intended decision? Then the IND will not consider your application.
-
5. Interview or not
open minusThe IND decides whether or not you will have an interview. This determines the next steps in your application process.
You will not have an interview
Day 1
You or your lawyer will receive an intended decision from the IND. This letter will state why the IND wants to reject your application.Day 2
You or your lawyer can respond to the IND’s intended decision.Day 3
The IND takes a final decision.You will have an interview
Day 1
You will have an interview. You will receive a decision after your interview with the IND.- Positive decision: you or your lawyer will receive the decision approving your application.
- Negative decision: you or your lawyer will receive an intended decision. This letter will state why the IND wants to reject your application.
Day 2
You or your lawyer can respond to the IND’s intended decision.Day 3
The IND takes a final decision.Content of the interview
An interpreter translates the interview between you and an IND staff member. During the interview, the IND staff member will only ask questions about new elements and findings. These are the reasons you are applying for asylum again.
-
6. Decision on application
open minusThere are 3 possible outcomes:
1. You will get an asylum residence permit
You receive a positive decision from the IND. You will get a temporary residence permit.
2. You will not get an asylum residence permit
You receive a negative decision from the IND. The decision states that you must leave the Netherlands and an entry ban will be imposed on you.You can appeal this decision in court.
3. More investigation necessary
The IND will continue to process your application in a different asylum procedure. This can be the Dublin Procedure, the General Asylum Procedure (in Dutch: Algemene Asielprocedure or AA) or the Extended Asylum Procedure (in Dutch: Verlengde Asielprocedure or VA). You will then have a right to reception until the IND has decided on your application.
-
7. Collect residence permit
open minusWhen the residence permit is ready at an IND desk, you will receive a letter. You must make an appointment to collect it. Make an appointment to collect the residence document.
The residence permit
There are some other things you need to know about your residence permit.
Working with your residence permit
You are free to work in the Netherlands. Your employer does not need a work permit (in Dutch: tewerkstellingsvergunning or TWV). On the back of your residence permit it says ‘Free to work. Work permit not required' (in Dutch: Arbeid vrij toegestaan. TWV niet vereist). TWV stands for tewerkstellingsvergunning which means work permit in Dutch.
Legal obligations
You have an obligation to provide information. This means that you must inform the IND of changes in your situation. Read more about your obligation to provide information.
The IND checks whether you meet this obligation. If you do not, you can get may get an administrative fine.
Validity of residence permit
A temporary asylum residence permit is valid for 5 years.
Other applications
Replacement of the residence permit
Has the residence permit been damaged, lost or stolen? Then have the residence permit replaced. Go to the page residence permit damaged or change of personal details or residence permit lost or stolen.
Extend the residence permit
Will your residence permit expire soon? Then you can extend your residence permit.
Permanent residence permit
Have you had a temporary asylum residence permit for 5 years? Then you can apply for a permanent asylum residence permit.
