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26

The Modern Migration Policy took effect on June 1, 2013. One part of this big change to the Aliens Act was that a residence permit could be refused if incorrect information was submitted. According to another provision, this ground for refusal can be enforced for a period of 5 years. That would mean that if someone were to submit faulty information, according to the IND, in the course of his or her family reunification procedure, (regarding work status, for example) they would have to live apart from their family for 5 years.

In the course of 2014-2015, it seemed that the IND also used this provision to refuse family reunification if new mvv procedures were initiated after a prior permit was revoked because incorrect information had been submitted. This led to some horrible situations.

One of Barbara Wegelin’s clients found herself in just that type of situation: She had resigned from her job after her husband first came from India for family reunification. Very soon after that, she took a new one, but failed to inform the IND about her change of jobs. Her husband’s permit was revoked and he had to return to India to go through a new MVV procedure. The couple hoped that a new MVV would be quickly granted. Her husband already had a job in the Netherlands and they were involved in a medical procedure to try to have children. When the IND refused the application and said they must wait 5 years before reapplying, there was a great deal of disappointment and anger. In the appeals procedure that followed, the decision was finally repealed. By then, the man had had to stay in India for more than 15 months.

In mid-2016, the IND introduced new policy rules that refusal based on submission of incorrect information is only possible if it did not result in disproportionate consequences. For some people, either this change came too late, or the IND upheld the rejection in spite of the consequences. On the 26th of April, 2017, the Administrative Law Division of the State Council finally decided that in a new procedure, the IND may not refuse family reunification because of prior submission of faulty information, if a permit had previously been revoked on the same basis. This would be in violation of the European Family Reunification Directive.

For more information, please contact Barbara Wegelin or Hans Jager.

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