Family members whose family connection with the referent no longer exist after their arrival in the Netherlands may face a withdrawal of their derived asylum status. As long as the family member is in possession of the derived residence permit, it can be withdrawn. For the partner/husband this means in most cases for a period of 5 years.

The permit will usually not be withdrawn if the family relationship no longer exists due to the death of the sponsor or because the family member is, or threatens to become, a victim of honour-related or domestic violence.

In case of withdrawal of the derived asylum status, an ex-officio examination will take place, meaning that the INS will look into the question if regular asylum grounds do apply. A former spouse with children, for example, could be eligible for a regular residence permit on the basis of Article 8 ECHR.

Children also risk the withdrawal of the asylum status if they start living independently and provide for themselves within one year of being granted a derived asylum status. It is therefore very important that the family connection still exists with their parents during the first year. The family relationship still exists, for example, if the child moves out to be able to follow a full-time education. The requirement of one year also applies to parents who have travelled to an unaccompanied minor asylum status holder.

If you have received a preliminary decision from the INS stating that the INS is intends to withdraw your asylum permit, please contact us as soon as possible or register your case without any obligations using the form on our website. We will be pleased to assist you with our knowledge and expertise in this area.