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An asylum application is a written request for a residence permit for a set amount of time. An asylum seeker may be eligible for a residence permit if they qualify as a refugee in accordance with the United Nations Refugee Convention. According to the Convention, a refugee is any person who has a well-founded fear of persecution (threat to life or freedom) in their country of origin for the following reasons:
Foreign nationals seeking asylum must report to the Dutch Immigration and Naturalisation Service (IND). After identification and registration, asylum seekers are transferred to a nearby reception centre where they are given at least 6 days to recover from their journey. After this recovery period the IND will proceed with the asylum procedure, during which the asylum seeker must provide their account of what happened to them. The IND will ask questions similar to the following: where are you from, how did you arrive in the Netherlands, why did you flee from your country of origin and why do you fear returning? Essentially, the IND are trying to determine the credibility of an asylum story. It is therefore important to have an immigration lawyer present when answering these questions, as the answers given will determine the approval or rejection of an asylum application. An immigration lawyer can also help with an appeal if an application has been rejected.
If you come from outside the EU or European Economic Area and want to live and work in the Netherlands for more than 3 months, you must apply for a residence permit via the Toegang- en Verblijfprocedure’ (TEV) procedure. From the outset, you must have valid reasons for wanting to live in the Netherlands, for example marriage, family reunification or employment. Further conditions also apply before filing your residence permit application to the IND:
When applying, you must provide as many documents as possible to back up your reasons for staying the in Netherlands. Provide for example a certificate of registration for the university you will be attending, or an employment contract with a reference from someone at the company you will be working for. The IND will reply to your application within 90 days. If your application has been approved, you will receive a residence permit that will be valid for one year. After five years you will be able to apply for a permanent residence permit.
It is recommended that you hire an immigration lawyer to help you with the procedure. A lawyer can also help you state your reason(s) for staying in the Netherlands and translate if necessary.
This will be apparent from the price indications that you will receive from various lawyers. You may also be eligible for a government reimbursement that provides for the costs made for legal aid. Be sure to give us a call if you need advise or visit www.lawspot.nl/en to register your case.
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