Other ways to get a residence permit in the Netherlands
[!] The immigration law changes very quickly. So keep in mind that the information could be outdated when you read it.
Other options than asylum:
You might be able to obtain a (temporary) residency permit in another way in the Netherlands. It is not very easy to meet all the requirements, but you could check out the following possibilities.
[!] There are exceptions on the conditions of the options listed below. Contact a lawyer or organization to find out whether that could apply to your situation, or as well check http://www.stichtinglos.nl/content/verblijfsvergunning-regulier (only available in Dutch!) for more detailed information.
[!] For all options below counts: it is advisable to prepare this in detail with the help of a support organization or/and a lawyer.
Regular grounds can also be assessed together with the assessment of the asylum request.
The various applications have different handling fees. To some apply very high prices, for some there are no handling fees.
In general, an application for a residence permit has to be done at the Dutch Ambassy in the country of origin. The ambassy issues an mvv (entry-visum) with which you can get the corresponding residence permit after arrival. Of course you can apply for these resident permits also in the Netherlands, but there is almost no chance that this is granted.
There are only few residence permits that you can apply for in the Netherlands, without mvv. These are some family residence permits if there is an EU-connection, and permits for medical or humanitarian reasons.
Residence permit with mvv
1. Family reunification
Family reunification: when your partner (or when you are a minor: your father or mother and bothers/sisters) have a residence permit in the Netherlands. In general, you need a valid passport, proofs of the family relationship, and a valid mvv entry visum. In case the person in the Netherlands has a refugee status, he/she has to apply within 3 months for family reunification. If the person has another status or Dutch nationality, other adult family members have to pass the Dutch language and integration exam in your country of origin and the person legally residing in the Netherlands needs to have a job contract for the whole next year or longer and to have at least minimum income. There are additional requirements for other family members. There are only few exeptions from the mvv requirement.
Note: mvv-requirement for children is waived if they live at least three years with their legal parent in the Netherlands.
Self-employment: this is only possible when the job serves an essential Dutch interest, when you acquire sustainable and sufficient income, and when you have the right diplomas for the work you do.
Wage labor: only possible when a company can prove not to be able to find Dutch employees.
In both cases you need a valid mvv, a passport and you should be able to acquire independent, sustainable and sufficient income.
If you have a long-term residence permit in another EU-country, you can start working as self-employed in the Netherlands. After one year, you are also allowed to do wage labor.
Study: in general possible when you are admitted as a student for full-time high education, and you or another person residing abroad have sufficient income or when you have a guarantee from a person in the Netherlands with sufficient income. For lower education there are fewer possibilities. You always need a mvv (entry visum)
Residence permit without mvv
Right on family and private life (8EVRM):
When deportation to your country of origin would mean a violation of your family life (family life can be with your minor child, partner, or other family members when there are more emotional ties). You need a valid passport. In practice, this is only granted to migrants who developed their family ties during legal stay.
When your official partner or minor child has the Dutch nationality and moves to a different EU member state, you obtain legal residence in that country according to European law. You should not rely on welfare services in that EU country, you need an identity document and you need to register your place of residence to the local authorities. When the person you accompany returns to the Netherlands after at least 3 months, you obtain a Dutch residence permit. If your partner is an EU-citizen legally living in the Netherlands, being his/her partner immediately gives you a residence permit in the Netherlands.
Parents of a Dutch child can get a residence permit without moving, if they are needed for the child to stay in the European Union. This is according to the Chavez-Vilchez ruling of the EU-Court.
1. You are a victim or witness of human trafficking (B8/3-regulation):
If you are a victim or witness of human trafficking (B8/3-regulation) you can have legal stay during the criminal investigation to the perpetrator after you have reported the crime to the police. You are a victim of human trafficking if you are forced to work under very poor conditions. Victims receive little or no pay and can not easily escape from this difficult situation because they are dependent on their boss. Exploitation in the sex industry is the most common form of trafficking, but there are many other forms.
2. You are a victim of domestic violence:
If you are a victim of domestic violence:, you might apply for temporary independent legal stay. It is important you see a doctor and report the domestic violence to the police. If you didn’t have legal residence before, prolongation of the residence permit is dependent on the risk you face when returning to your country of origin.
3. Medical situation/ treatment:
Medical situation (= article 64 Dutch Aliens law): :
Postponement of departure because it is irresponsible to travel because of your medical situation or you need treatment which is not available or accessible in your country of origin and you would face serious consequences without treatment. This is only temporary, but it can be transformed in a permanent status for ‘medical treatment’ after 1 year without prospect of change.
Pregnant women have the right on art. 64 from six weeks before the expected date of giving birth until 6 weeks after. With their minor child they can afterwards stay in a Family Location, but there they always run the risk to be deported if there are travel documents. Pregnant women from an EU-country or with a Dublinclaim (another EU country is responsible for the asylum procedure) are considered to be able to travel.
With a status ‘article 64’ you have the right to stay in an Asylum Centre and get health insurance.
4. ‘Buiten schuld’:
‘Buiten schuld’ = no fault: when you can prove that you did everything in order to return to your country of origin, but you cannot and it is not your fault. There should be no doubt about your identity and nationality.