If migrants have been living in the Netherlands for a long time, but have not yet received a residence permit, they can still be granted this permit. The migrants must then meet certain criteria before they are granted this residence permit. Here you can read about these criteria and other regulations regarding the general pardon.
The general pardon
The general pardon literally means ,remission for everyone,. This means that someone is released from the legal consequences of a crime, but it does not always have to be a crime. For example, this could involve remission of criminal charges for political prisoners or in the event of a civil war. In 1960 and 1970, people who were late in reacting to compulsory insurance were still given the opportunity to buy in.
In this case it concerns the general pardon for the granting of a residence permit . There were a large number of asylum seekers who stayed illegally in the Netherlands or were only allowed to stay for a certain period and then return to their country of origin.
History of the general pardon
Until 2007
There had been discussions for some time about what to do with asylum seekers who were still subject to the old Aliens Act. It was still unclear in society what should happen to the asylum seekers who came to the Netherlands at the end of the twentieth century. At the end of the 1990s, there were already around 50,000 asylum seekers living in the Netherlands, about whom there was not yet any clarity.
The issue was also raised again by Pim Fortuyn during the House of Representatives elections in 2002. The LPF proposed that asylum seekers who had been in the Netherlands for more than five years were given a general pardon, allowing them to remain in the Netherlands. This would be because it is inhumane to send these people back, since they have already built a life in the Netherlands. The same applies to children who were born in the country and therefore know little about their country of ,origin,.
Opponents, however, argued:
- It would attract new migrants to also come to the Netherlands and try to obtain a general pardon;
- People who lied about their situation would be rewarded;
- Dishonesty to those who have already returned;
- Unfairness towards those who incur high costs to stay in the Netherlands and who have also immigrated under legal circumstances;
- The situation of the children is the responsibility of the migrants, rather than the government;
- High cost.
Around 2006/2007 it was decided that asylum seekers who had stayed in the country for more than six years would be allowed to stay in the Netherlands. Criteria for this were not yet completely clear, so it was not always possible
In 2007
The majority of the Netherlands turned out to be in favor of a general pardon (namely two-thirds of the population). This even applied to CDA voters, although the party itself was against it. This was investigated by the research agency TNS NIPO. The vast majority of parties (for example PvdA, SP and GroenLinks) were in favor of the general pardon, while the VVD was against.
From June 15, 2007, the 2007 General Pardon came into effect with 75 votes in favor and 74 against. The scheme was called the Settlement Scheme for the Settlement of the Legacy of the Old Aliens Act and had three important criteria:
- A residence permit for those who submitted a first asylum application before April 1, 2001, or who reported to the Immigration and Naturalization Service (IND) or Aliens Police before this time;
- A residence permit for those who have stayed in the Netherlands since April 1, 2001 without leaving here;
- A residence permit for those who have indicated in advance in writing that they will unconditionally withdraw the ongoing procedures upon acceptance of the residence permit scheme.
Family members were also allowed to stay in the country, unless they entered the Netherlands after December 13, 2006.
The scheme does not apply to those who:
- constituted a danger to public order or national security;
- Already had a residence permit, other than a temporary residence permit referred to in these regulations;
- Were nationals of a Member State of the European Union or European Economic Area;
- Various identities have been given and which is unbelievable.
In 2008
The Pardon Scheme is recognized as not being in conflict with the principle of equality in the Constitution, which states that everyone must be treated equally. The Pardon scheme would be justified because it is the responsibility of the Dutch government for refugees. This means that the distinction between those who have applied and those who have not would not be harmful.
More and more negative voices came from the general pardon and it was announced that the Legacy Regulations of the old Aliens Act would be terminated from 1 January 2009.
In 2009
Despite this latest ruling, it remained possible from January 1 to qualify for the general pardon for Dutch asylum seekers. However, State Secretary Albayrak received a lot of criticism because she did not want to close the municipal pardon counters yet.
By mid-2009, a total of approximately 27,700 pardon permits had been granted, while approximately 6,000 asylum seekers had not obtained a permit because they did not meet certain requirements, such as a continuous stay in the Netherlands.
Be eligible for a residence permit
Residence permits are not issued individually, but for an entire group. This collective assessment is based on certain criteria that migrants must meet to be eligible.
Criteria of the general pardon:
- Number of years lived in the country;
- Degree of integration;
- White illegality: having a paid job and paying taxes on it;
- Criminal record or associations with war crimes.
The degree of integration is determined on the basis of speaking the language, place of birth, etc.
Obtaining Dutch nationality
After obtaining the residence permit, someone can apply for Dutch nationality.
When obtaining Dutch nationality, one is included in the Municipal Personal Records Database (GBA). This means that someone can vote in the country and travel freely within the Schengen countries:
- Belgium
- Germany
- France
- Luxembourg
- The Netherlands
- Italy
- Portugal
- Spain
- Greece
- Austria
- Denmark
- Finland
- Iceland
- Norway
- Sweden
- Estonia
- Hungary
- Latvia
- Lithuania
- Malta
- Poland
- Slovenia
- Slovakia
- Czech Republic
- Switzerland
- Liechtenstein
A Dutch passport is required for this travel. Every Dutch person aged 14 or older must have a valid passport or identity card with them.
Voting applies to the House of Representatives elections. It is already possible to vote in the municipality if you have reached the age of majority and have lived in the Netherlands for more than five years. This means that Dutch nationality is not necessarily required.
If someone is granted Dutch nationality and has minor children, they also become Dutch citizens. To do this, they must be included in the application, be still a minor at the time of the application (naturalization) and have a valid residence permit. If the child is older than 11 years old, they will be asked for their own opinion, and if they are 16 years or older, the child must submit their own request.