The Dutch government recently agreed to several proposals of Mr Leers, the Minister for Immigration and Asylum, tightening Dutch immigration and asylum policy as well as nationality law. The government intends limiting family migration to the nuclear family, meaning spouses or registered partners and their minors.

Unmarried couples would no longer be eligible for family reunification, and neither would single parents. A special marriage visa would be introduced to allow same gender couples to come to the Netherlands for family reunification and marriage. A one-year waiting period would be instituted before a registered partner or spouse can be brought to the Netherlands. Continued stay would no longer be possible after three years, but only after five years. The government further intends abolishing two exemptions from the requirement of possession of an entry clearance visa (MVV): Foreign nationals who have been living in the Netherlands for five consecutive years during their minority either as lawful residents or as Dutch nationals and people who are eligible for repatriation to the Netherlands under the Repatriation Act would still require a MVV. In short, it would be even harder than before for certain groups of migrants, and former Dutch nationals in particular, to settle in the Netherlands.

Once people have succeeded in entering the Netherlands, they would have to comply with even more stringent requirements regarding illegal residence and public order. Illegal residence would be punishable, which means that migrants who have entered the Netherlands unlawfully or do not leave the Netherlands after expiry of their lawful stay, would be punishable. Illegal residence would be a punishable offence for adults by imprisonment of four months’ maximum or a penalty of EUR 3,800 maximum. Complicity in illegal residence would not be punishable. The government also intends tightening the criteria for withdrawing a residence permit if the holder commits an offence. It would become easier to terminate residence as the term of imprisonment above which business discontinuation is possible would be reduced, repeat offenders would be dealt with faster and more forcefully, and residence may be terminated even after more than ten years in the event of serious crimes.

Once all these obstacles have been cleared, Dutch nationality gleams on the horizon. However, the government has also unveiled plans to make acquisition of nationality by naturalization or option more difficult. Naturalisation would be subject to a direct income requirement, and moreover, applicants may not have been on social welfare for at least three years. In the future Dutch nationality may be refused not only in case of breaches of public order but even if there is just a suspicion that applicants constitute a risk to the public order, public morals or security. To be successful all applicants would have to withdraw from their original nationalities; there would be no more exceptions. Only refugees and nationalities that cannot be withdrawn, like the Moroccan or Argentine nationality, would remain exempt from this obligation to withdraw. Optants, too, would have to comply with the civic integration requirement. The reduced three-year term for naturalisation for partners of Dutch nationals would also be extended to the usual five years.

Time will tell whether all the above government proposals will come true.