New column: The human story behind the migrant

Newspapers and news reports are full of stories about migration and migrants. They often talk about fortune seekers, people who take jobs and homes away from Dutch citizens, or alleged links to crime. But who are these migrants really?

The human story behind the migrant is a series of stories from the daily practice of a migration law firm, recorded by Gijs Schabbink, a master’s student in public history. The stories are based on real cases, but have been edited in such a way that the facts and details described cannot be traced back to individuals.

We will regularly post these stories under our news segment. You can read the first one here below.

An unacceptable future?

After years of battling stomach and bone cancer, Nora, a Moroccan woman, died in December 2023. Her two sons, Amine and Hazim, aged 13 and 6, were left behind. On her deathbed, she made her sister Nadira promise to take care of her two sons after her death. During her sister’s illness, Nadira had already been taking care of her nephews for a long time. Although she has been living in the Netherlands for almost thirty years, Nadira traveled back and forth regularly during her sister’s illness and also supported her and her children financially. It was Nora’s dying wish that her sons be raised by her sister after her death. Their father Ahmed was unable to care for them due to mental health problems and alcohol addiction, which were exacerbated by his wife’s illness and death. For the boys, their aunt Nadira had therefore been their second mother for almost ten years. Shortly after Nora’s death, a Moroccan court officially granted Nadira custody of her nephews. However, this proved insufficient to bring the boys to the Netherlands. Despite Nadira having custody, sufficient income, and suitable living space, the IND decided that the boys were not eligible for a residence permit. Their application as family foster children was rejected.

This was because it had to be demonstrated that the children did not have an “acceptable future” in their country of origin. The IND felt that the boys could also be taken in by other family members in Morocco. The fact that their father was unable to care for the boys, and that the court had recognized Nadira as their legal guardian—and had even denied the father custody—was not sufficient to prove that they had an unacceptable future in their country of origin. Although Nadira had cared for her nephews for years, she now had to prove legally that this care was necessary. While she was trying to prove this, the boys needed her care more than ever after losing their mother.

Other family members were unable to care for Amine and Hazim. They had their hands full caring for their own children, older family members, or both. They also did not have the financial means to take in two more children. Moreover, they did not live in homes large enough to accommodate the boys. The fact that the family members stated this was not considered objective evidence. All this time, when Nadira was not present, Amine and Hazim lived in appalling conditions. The boys stayed with another aunt, who could barely cope with caring for her elderly mother and daughter. In the small apartment, there was no attention or care for the children. Amine and Hazim did not receive breakfast and had to buy their own food with the money Nadira sent from the Netherlands. Their school also expressed concerns about negative influences in the neighborhood; without parental supervision, the boys were at risk of being led astray by local drug dealers. For the boys, who had not only lost their mother after years of illness but also could not count on their father, this situation of survival was yet another burden. While the boys were living in Morocco in this way, Nadira tried to prove in the Netherlands that these circumstances were indeed unacceptable.

After a hearing, the IND finally acknowledged that the boys’ living conditions in Morocco were unacceptable. Convinced by the dire situation in which they lived during the proceedings, it was assumed that the other family members were indeed unable to care for them. After a year and a half of legal proceedings, Nadira was finally granted permission to fulfill her sister’s dying wish and bring her nephews, now also her foster sons, to the Netherlands. Amine and Hazim now live with their aunt and guardian, who can give them the future they deserve.

Family reunification with a family foster child

It is extremely difficult to obtain residence permits for foster children. This is only possible in the case of minor children, if the foster parent is a close relative, has official custody of the child, has sufficient financial resources, and can raise and care for the child properly. It must also be substantiated with supporting documents that other family members are unable to take care for the child in the country of origin and that the child does not have an acceptable future there. The IND does not readily accept the latter, which means that family reunification with a foster child is rarely possible.

Would you like advice regarding family reunification with a foster child? Feel free to contact us.