Dutch Immigration policy set to change

Some of the laws around migration are set to change following an EU ruling.

The rule that a Dutch partner must be earning at least 120% of the average salary has been successfully challenged in the Court of Justice of the European Union. The challenge was made by the Chakrouns, she had been denied entrance to the Netherlands because his income (he was on unemployment benefit at the time) was below the 120% threshold. But the Court of Justice found that the income requirement conflicts with the European right to family reunifications as laid down in European Council Directive 2003/86/EC.

The directive emphasises the right of EU citizens to  to family reunification, and the Courts decision points to the the failure of the Dutch policy to follow that directive.

It also indicates that some other aspects of Dutch policy need to be reviewed such as the minimum age requirement for the migrating foreign partner (currently 21) and the language test that prospective immigrants must take before coming to the Netherlands. The language requirement has led to considerable hardship as Dutch is not widely taught as a second language.

According to the NRC article research indicates that the policies haven’t encouraged assimilation and integration as hoped.

As my mother would say “A blind man on a galloping horse could have seen that”.

The policies have had a dramatic impact on immigration for marriage, rates were cut in half; which was I suspect the real goal of the policies.

I’m glad the law has been challenged, and I hope this is the first step on the road to a revised, fair, sensible immigration policy.

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6 thoughts on “Dutch Immigration policy set to change

  1. This actually reaaaally good news.. So.. has the policy for the minimum income requirement changed already? The IND hasn’t updated any informaiton on this on their website

  2. I agree – it is great news.

    I think it will take some time for the bureaucratic process to officially change the policy, and in the mean time I have no idea what attitude the IND staff will take. But the decision by the Court of Justice means it’s unenforceable, and it weakens the other requirements that potential delay family re-union.

  3. I guess the immigration reform is a hot topic not only in U.S. I do hope NL will adopt a policy that is indeed inclusive rather than restrictive and divisive.

  4. Read the rapport 2008/319 on http://www.nationaleombudsman.nl

    This clearly states that Dutch and Belgium governments provide each others with good information about the case.

    The case: Dutch have taken the pasport because the immigrant has a *legal* plan to live in Belgium. Belgium declared the immigrant to be illegal because che can not prove her identity. And Dutch holding the passport because Belgium stated that she is illegal.

    Also the pasport was taken less then 24 hours before the marriage, so Dutch could state that she was illegal during her marriage. So Belgium asked the court to divorce the couple, knowing that the family is real and the woman is already pregnant…

    Also there exist at least 2 official documents that clould be used to prove that Belgium and Netherlands are giving false statements, appart from all other “tricks” to prevent justice in the case.

    Ask more detailed information: atererus@hotmail.com

  5. nevertheless I think a country should have the right to make changes to its immigration policies, even if it is part of the EU.

    If other countries in the EU want to cater to immigrants, that is their business,
    but these countries should not force their rules on Nederlands or Belgium.
    I have worked hard all my life, paid always my taxes and I disagree that people with little means come here looking for freebies. Let the other countries pay for that, if they want

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