Immigration law verdieping

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JURISDICTION

Immigration law

TEN’s immigration lawyers

Immigration law is a complex area of law in which acts and regulations are subject to continuous change. It is all too easy to make a mistake in an application. As a result, your immigration process is promptly delayed, with all the associated consequences.

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Practice and clear agreements

Within immigration law, particular regulations apply to companies and private individuals (Dutch nationals, EU citizens and foreign nationals). Refusal of visa and study. In all manner of circumstances. These include the employment of foreign nationals from within and outside the EU, highly skilled migrants, migrant workers on the basis of a work permit and independent entrepreneurs. Family reunification and asylum. Refusal of visa and study. Return decision and entry ban. And so on and so forth.

In the case of the right of residence, the sponsor (company or private individual) residing in the Netherlands can often submit the application for a Regular Provisional Residence Permit (MVV) and the residence permit. The application forms issued by the Immigration and Naturalisation Service (IND) are often highly comprehensive, however, which makes you doubt whether you actually meet the conditions. It is therefore important to seek timely advice on completion of the application.

Litigation

It regularly occurs that an application for review has to be submitted to the IND, following the rejection of an application (first negative decision). According to the law, this often has to be carried out within four weeks or less(!). In order to lodge an application for review, it is therefore wise to seek advice soon after receipt of the IND’s decision. This also applies – following the decision on the application for review – in case of the submission of an appeal or notice of appeal to the court and the Council of State. If such appeals are lodged too late (a genuine risk), then deportation from the Netherlands may be imminent.

Litigation may also be required in visa cases, in which the Dutch authorities have transferred the visa application and the proceedings after refusal to another country (e.g. Switzerland and France). Our specialists can assist you in filing appeals, in which regard clear agreements are made.

Legal aid

If, as a private individual, you are faced with a negative decision by the IND or the Dutch Embassy (visa), you may be entitled to free legal aid. We assess whether this is the case during an initial interview (see www.rvr.org).

Specialists

TEN’s immigration lawyers are members of the Netherlands Association of Specialized Immigration Lawyers (SVMA) and the Dutch Association of Asylum Lawyers (VAJN). This implies that they comply with the conditions set by the Legal Aid Board for the provision of legal assistance in this specialist field. Our lawyers are also obliged to attend annual refresher courses, with a view to ensuring they are capable of successfully applying the ongoing changes to the Aliens Act, the European Directives and case law.

Want to know more? If so, please contact one of our immigration lawyers.

Relevant articles (in Dutch)

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