If you do not yet have a residence permit and have become a victim of domestic violence, you may still be able to apply for a residence permit in the Netherlands on humanitarian grounds. Dutch law offers protection to victims of domestic violence, even if they do not have a legal residence status. Below is a guide to the process and what steps you should take to apply for a residence permit based on domestic violence:

1. Filing a police report

The first and most important step is to file a report with the police regarding the domestic violence you have experienced. This report is crucial for your case, as it will be used as evidence when applying for a residence permit. The police will take your complaint seriously and may refer you to organizations that can help you, such as shelters for victims of domestic
violence.

2. Application for a residence permit based on domestic violence

If you are a victim of domestic violence and do not have a residence permit, you can apply for one on humanitarian grounds. This application is made through the Immigration and Naturalisation Service (IND). To do this, you will need to prove that you are a victim of domestic violence, even if you do not have legal residence in the Netherlands at the moment.

Conditions for applying:

• Proof of domestic violence: You will need evidence such as a police report, medical
  records, or statements from shelters or support organizations.
• Your current status: Even though you don’t have a residence permit, being a victim of
  domestic violence allows you to apply for protection under Dutch immigration law.

3. Access to shelters and support services

If you are in immediate danger, it is important to know that there are shelters available for victims of domestic violence in the Netherlands, where you can get help. These shelters provide a safe place to stay and also offer legal and psychological assistance. There are also organizations, like Veilig Thuis or other domestic violence support groups, that can help guide you through the process of filing a report and applying for a residence permit. They can help you connect with the right legal support.

4. Legal assistance

You will need to work with a specialized immigration lawyer to apply for a residence permit
based on your situation. There are organizations that offer free legal advice or reduced-cost
services for victims of domestic violence. Your lawyer will help gather the necessary
documentation, file your application with the IND, and assist you through the entire process.

5. Temporary residence during the process

If you are applying for a residence permit as a victim of domestic violence, you may be granted a temporary residence permit while the application is being processed. This permit allows you to legally stay in the Netherlands while the IND reviews your case.

6. Possibility of refusal and appeal

If your application for a residence permit is refused, you can appeal the decision. An immigration lawyer can help you navigate the appeals process and ensure that you have the best chance of success.

7. Rights and protection

As a victim of domestic violence, Dutch law offers specific protections to ensure your safety and well-being. The residence permit based on domestic violence is not dependent on your relationship with your abuser. This allows you to start a new life independently and safely.

Conclusion

Even if you do not have a residence permit, you have the right to apply for one based on domestic violence under humanitarian grounds. The first step is to file a police report and seek legal advice. There are shelters and organizations available to support you throughout the process, and a lawyer can assist in filing your application with the IND. You do not need to remain in a harmful situation; legal protection is available.