The INS receives information about convictions from the Public Prosecution Offices. The INS will assess whether she can revoke the residence permit based on the total number of convictions. The INS uses the 'sliding scale' as a starting point for this assessment, meaning that the duration of the prison sentence imposed is compared to the duration of lawful residence in the Netherlands.
All sentences imposed for crimes are converted to prison sentences. For example, every two hours of community service counts as one day in prison.
The duration of lawful residence lasts till the moment at which the residence permit could be revoked according to the (latest) policy. Here is an example (copied from the Work Instruction of the INS):
The INS granted the foreign national a residence permit on 01-01-2000.
On 01-05-2007 he committed an offence for which according to the final and binding verdict he was sentenced to one month unconditional imprisonment.
On 01-07-2007 he committed an offence for which according to the final and binding verdict he was sentenced to one month unconditional imprisonment.
On 01-09-2007, he committed an offence for which according to the final and binding verdict he was sentenced to 36 months unconditional imprisonment.
On 01-01-2013, he committed an offence for which according to the final and binding verdict he was sentenced to one month unconditional imprisonment. The last conviction has been reported to the INS.
Applying the current sliding scale, there is an overstepping of standards on 01-09-07. At that moment the lawful residence totally amounts to 7 to 8 years. The sum of all prison sentences is 38 months imprisonment in total, which exceeds the norm of eight months as stated in Article 3.86.
The INS calculates the duration of the lawful residence for the application of the sliding scale. This is therefore not equal to actual lawful residence in the Netherlands. This is all laid down in Article 3.86 of the Vreemdelingenbesluit, which Article is really hard to understand if you do not have in-dept knowledge about immigration law.
The sliding scale changed in June 2012. Before June 2012, the residence permit could no longer be revoked after a lawful stay of more than 20 years. This rule no longer exists.
If you receive a preliminary decision to revoke your residence permit, please contact us immediately. The INS often get the math wrong or forget an exception. In addition, the INS must always take into account all interest involved, including the right to family life.