Netherlands adopts EU migration pact’s strict asylum rules; Senate wants June 12 start

Stricter asylum rules will come into force in two and a half weeks after the Dutch Senate, otherwise known as the Eerste Kamer, approved the national rollout of the European Migration Pact on Tuesday. From June 12, refugees will no longer be able to receive permanent or unlimited residence permits, and temporary permits will be shortened from five years to three.

The proposal was backed by a broad coalition in the Senate, including CDA, SGP, D66, VVD, PVV, BBB, JA21, and 50PLUS, as well as the independent factions Beukering, Walenkamp, and Van Gasteren.

In implementing the European agreements, the Cabinet had room to set national rules and often chose the stricter option. This includes ending permanent residence permits and imposing tougher requirements for family reunification for refugees.

The “intention procedure” will also be abolished. That process previously required the Immigration and Naturalisation Service (IND) to inform asylum seekers in advance about its intended decision, giving them a chance to respond early and potentially preventing later legal appeals.

Asylum lawyers and organisations, including VluchtelingenWerk, have expressed dissatisfaction with the government’s decision to use the migration pact as a basis for tightening asylum rules further. The Council of State has also raised concerns, warning that the changes could increase the workload for already stretched agencies responsible for implementation, as well as for the courts.

Following the introduction of the migration pact, the IND will overhaul dozens of procedures in an effort to speed up asylum processing times.

However, critics warn that asylum seekers may be adversely affected. One change reduces the time allowed to appeal an IND decision from four weeks to two. The Dutch Bar Association has described this as an “unnecessary restriction on access to justice.”

Last month, political tensions rose sharply after the Asylum Emergency Measures Act failed to pass the Senate. However, six of its nine proposed measures have now been incorporated into the Dutch implementation of the Migration Pact, meaning they will still take effect following approval in the Senate.

The Tweede Kamer, the lower house of Dutch parliament, is set to vote next Tuesday on another bill that reintroduces two additional measures that were previously struck down.