Applying basic immigration rules

Long-term IrregulaarDear Readers,

Our office has been assisting people to get a residence permit to stay with their loved ones for many years and still it seems that many people do not understand how migration has been regulated. In order to avoid disappointment, high costs and in some cases great problems, let me explain how it works in general.

Basic Immigration law

In most of the cases it is obligatory to apply for any kind or residence permit while residing in the country of origin. Aside some exceptions one must have asked for permission to enter The Netherlands (as is the case in other Schengen area) and to apply for a residence permit.

This article is therefore for those who are intending to get permanent residence in the Schengen area. However, those in The Netherlands should pay more attention, because there has been a silent but serious change in the regulations.

What is going wrong?

Still I see people who do not accept that the law is like that for over many years. Some even claim not to know there is such a law. They enter the country on the basis of a visa for holiday, granted only based on the promise to return timely, still overstay their visa and then expect to be relieved of the legal obligation to follow the prescribed procedures. It doesn’t happen.

There are also people here for a longer time already, who met a person they want to share their lives with. For them the time has come to travel back to the country of origin and apply from there for permission to come back and apply for a permit. We do this so many times and within few months things are arranged. Most people follow this path and it works well for those well prepared.

However instead of accepting the law and to comply with it, some people decide that the law should accept them. Many procedures have been done in order to challenge the law but the law proved to be legitimate in the context of human right treaties. Whatever one’s opinion is on that issue, the law is applicable, whether one likes it or not.

What to do then?

Of course I understand that most people do not want to leave the country and go back for the application. So, first step is to check if one of the exceptions is applicable. If not, then do not waste time and money on useless procedures and comply sensibly with the law.

Complying sensibly means that one first check and double check that one meets all requirement for getting the required permit. It’s only when you are sure of your case that you go back to your country for the application. The application must be filed in a flawless, complete and truthful manner. That is how it works and in two or three months one is back in The Netherlands.

What not to do?

Some people do not want to listen to this but continue their opposition until it becomes inevitable that they have to leave. They get caught by the police and either get arrested and expelled or are given the option of “controlled return” which means that you get released under the condition that you provide the police with your passport and your ticket. At the airport you get reunited with the documents and you leave. Both of these manners of leaving The Netherlands are called controlled return.

What is the serious problem?

One might say, ok, I tried everything to avoid it, but now I will apply for prior permission to enter The Netherlands and apply for a residence permit and the problem is solved.

Since 01 March 2016 with slight change on 01 July 2016, some new regulations took place. Article 3:77 lid 7 of the Vreemdelingenbesluit now say that when someone is expelled or left the country by controlled return, for a minimum of five years, the person will not get any permission to enter the country and to apply for a residence permit.

So. if one is unwilling to comply with the law and against better judgment and advice, refuse to leave the country voluntarily to apply for the required permission, one is in deep trouble when forced to leave.

Can this problem be solved?

Someone with common sense understands that one should not get into this problem, so avoid it as much as possible by complying with the law. However, if one is in this problem already, there might be some solutions, but in any case it will involve long procedures and expenses. That is too bad because the problem was avoidable by sensibly complying with the law.

Now that everyone knows the way and the manner this law works, hopefully the knowledge will be used.

Want to visit our office?

Of course our office does not only practice immigration law, but also family law, criminal law labour law and so on. Since several lawyers work in our office with their own specialism, it is important to make clear what the problem is, so an appointment can be made with a lawyer that is qualified to handle your case. Readers are therefore welcome to visit our office for FREE consultation and for support with the application. Have a look at our website to learn more about our office. For an appointment call 070 427 3215 and explain to our Secretary what your question is. To learn more about our office, you can also take a look at our web-site: Do not hold information back because our Secretary will decide if and when an appointment is possible and which of our lawyers is best qualified for the specific problem. When you come to the appointment, bring all information that is available. Only then can we judge the case and do make good use of the time. *A.G. Kleijweg. Balen van Andelplein 2e, 2273 KH Voorburg – 070.427.3215 – /