Understanding Asylum, Refugee and Immigration law

Many people experience conflicts that require legal assistance but are often unsure how to categorise their issue or identify the relevant area of law. At Counselr, we aim to clarify each area of law and provide basic information to guide you.

As a rule of thumb, the first step to identifying the area of law is to consider who the conflict is with and what your relationship is with that party. When it comes to asylum, refugee, and immigration law, this distinction becomes particularly important, as each area addresses different aspects of an individual’s interaction with the state.

In the Netherlands, these three areas of law are distinct yet interconnected:

• Asylum Law pertains to individuals seeking protection due to persecution or serious harm in their home countries. It governs the procedures and criteria for granting asylum status.
• Refugee Law focuses on the rights and protections afforded to those who have been granted refugee status, ensuring their integration and safeguarding their fundamental rights.
• Immigration Law encompasses the broader regulations concerning the entry, residence, and status of foreign nationals, including work permits, family reunification, and naturalisation processes.

Understanding these distinctions is crucial for navigating the Dutch legal system, especially given the evolving nature of migration patterns and policies.

Legal Framework

Asylum, refugee, and immigration law in the Netherlands continues to evolve under the influence of European Union policies, international agreements, and national reforms. The legal framework aims to protect those fleeing persecution while addressing new migration challenges.

The Netherlands’ asylum system is based on the Aliens Act 2000 (Vreemdelingenwet 2000) [4], aligned with the EU’s Common European Asylum System (CEAS). Key EU directives include the Qualification Directive (2011/95/EU), [1], the Asylum Procedures Directive (2013/32/EU), [2] and the Reception Conditions Directive (2013/33/EU).[3] The Netherlands also applies the Dublin III Regulation (604/2013), [6] determining which member state processes an asylum claim.

Oversight and implementation at the national level are managed by the Immigration and Naturalisation Service (IND) [5] and the Central Agency for the Reception of Asylum Seekers (COA).[7]

New Developments 2024–2025

A major change in 2024 was the European Union’s agreement on the New Pact on Migration and Asylum. [10] Key measures include:

• The introduction of mandatory border procedures for asylum applicants with low chances of success;
• A solidarity mechanism, obliging member states to either accept relocated asylum seekers or provide financial contributions;
• Stricter and faster asylum processing timelines, aiming to reduce the average decision period from six months to a maximum of twelve weeks.

The Netherlands has begun preparations to implement these reforms by updating national asylum procedures and investing in faster initial screening at reception centres. [5]

At the national level, the Dutch government introduced the “Wet gemeentelijke taak mogelijk maken asielopvangvoorzieningen” (Dispersal Act) in early 2024, [11] requiring municipalities to contribute to the housing of asylum seekers and status holders (recognized refugees) more evenly across the country, aiming to alleviate the strain on certain regions.

Currently, i.e. in April 2025, the weekly allowance for adult asylum seekers in COA centres is approximately €58 for food and €14 for personal expenses. [12]

Like in many other European countries, housing shortages continue to challenge integration efforts for refugees who have received residence permits, leading to prolonged stays in reception centres.

Asylum Procedures

Individuals apply for asylum through the IND, with interviews and assessments determining eligibility under the 1951 United Nations’ Refugee Convention.

Applicants need to meet one of the following requirements: [13]

• Applicants have well-founded reasons to fear of persecution in their country of origin because of their race, religion, nationality or political opinion, or because they belong to a certain social group. These reasons are explained in the Geneva Convention on Refugees.
• Applicants have well-founded reasons to fear the death penalty or execution, torture or other inhumane or degrading treatment in their country of origin.
• Applicants have well-founded reasons to fear that they will become a victim of random violence due to an armed conflict in your country of origin.
• Applicants husband or wife, partner, father, mother or minor child has recently obtained an asylum residence permit in the Netherlands.

Approved applicants receive a temporary residence permit valid for five years.[4,13]

Rejected applicants may appeal to the Dutch courts and ultimately to the Council of State (Raad van State).[14] Under the New Pact, appeal periods and procedures may be further streamlined, although Dutch implementation is still in development.

Immigration Policy

Aside from asylum, the Netherlands supports managed migration for economic and family purposes. Programs like the Highly Skilled Migrant Scheme [8] continue to attract international talent, while family reunification processes are now subject to tighter initial checks under new EU-wide standards.

Permanent residence requires at least five years of lawful residence [15] and compliance with integration obligations under the Civic Integration Act (Wet Inburgering 2021).[9]

Civic integration is not mandatory for people with the nationality of an EU country, Liechtenstein, Norway, Iceland, or Switzerland, or for those who are under 18, older than the retirement age, were in Dutch compulsory education for 8 years or more, have Dutch diplomas, or are temporarily in the Netherlands for study or work. In all other cases, integration is mandatory. If you are required to integrate, you will automatically receive a letter from DUO (Dienst Uitvoering Onderwijs).[16]

Conclusion

Dutch asylum and immigration law reflects a commitment to humanitarian protection within an increasingly harmonized European framework. Recent EU reforms and national initiatives such as the New Pact on Migration and Asylum and the Wet gemeentelijke taak mogelijk maken asielopvangvoorzieningen are reshaping the landscape, aiming for faster, fairer, and more balanced migration management.

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Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.

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References

[1] European Union, Directive 2011/95/EU of the European Parliament and of the Council on standards for the qualification of third-country nationals (2011), accessed 04/27/2025.
[2] European Union, Directive 2013/32/EU on common procedures for granting and withdrawing international protection (2013), accessed 04/27/2025.
[3] European Union, Directive 2013/33/EU laying down standards for the reception of applicants for international protection (2013), accessed 04/27/2025.
[4] Government of the Netherlands, Aliens Act 2000 (Vreemdelingenwet 2000), accessed 04/27/2025.
[5] Immigration and Naturalisation Service (IND), Official website, accessed 04/27/2025.
[6] European Union, Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection (Dublin III Regulation) (2013), accessed 04/27/2025.
[7] Central Agency for the Reception of Asylum Seekers (COA), Life in and around a reception centre, accessed 04/27/2025.
[8] Netherlands Enterprise Agency (RVO), Employing highly skilled migrants, accessed 04/27/2025.
[9] Government of the Netherlands, Civic Integration Act (Wet Inburgering 2021), accessed 04/27/2025.
[10] European Commission, New Pact on Migration and Asylum (2024), accessed 04/27/2025.
[11] Government of the Netherlands, The Dispersal Act enters into effect on 1 February (Dispersal Act) (2024), accessed 04/27/2025
[12] Central Agency for the Reception of Asylum Seekers (COA), What do I get from the COA?, accessed 04/27/2025.
[13] Immigration and Naturalisation Service (IND), Apply for asylum in the Netherlands (2025), accessed 04/27/2025
[14] OECD, IN-DONOR REFUGEE COSTS IN ODA (2021), accessed 04/27/2025
[15] Immigration and Natuaralisation Service (IND), Permanent residence permit (2025), accessed 04/27/2025
[16] Government of the Netherlands, Moet ik als nieuwkomer inburgeren?, accessed 27/04/2025