If your residence permit in the Netherlands was based on your relationship with a partner, and this relationship has ended due to domestic violence, there are specific provisions in place to help you remain in the country. Dutch immigration law recognizes the vulnerable position of domestic violence victims and provides opportunities to change your residence permit so that you are no longer dependent on your partner.
Here is an overview of what you need to do and what your rights are if your residence permit has been affected by domestic violence:
1. Filing a report or complaint of domestic violence
It is crucial to file a report or make a complaint about the domestic violence with the police as soon as possible. This will serve as evidence of your situation. Without a police report, it may be more difficult to prove that the breakup was caused by domestic violence, which is an important basis for retaining your residence permit.
2. Residence permit on humanitarian grounds
In cases of domestic violence, you can apply for a residence permit on humanitarian grounds. This means that the Immigration and Naturalisation Service (IND) will assess your situation and may grant you an independent residence permit without your partner’s involvement. For this application, the following conditions are usually relevant:
- Evidence of domestic violence: This can include a police report of your complaint, medical
reports, or statements from support organizations. - You are legally residing in the Netherlands: At the time of the breakup, you must still have
a valid residence permit.
3. Conditions for an independent residence permit
You may be eligible for an independent residence permit if you can prove that the relationship
was broken due to domestic violence. The IND will consider the following:
- You must prove that you had a relationship with your partner on the basis of which you obtained your residence permit.
- The relationship ended due to domestic violence.
- You have filed a report or complaint of the violence.
This independent residence permit may initially be granted temporarily, and after some time,
you may be able to convert it into a permanent residence permit.
4. Protection of your rights
As a victim of domestic violence, you are afforded additional protection within the Dutch legal
system. In addition to the option to apply for a residence permit on humanitarian grounds, you can also access shelters and support organizations that provide assistance with legal matters, housing, and other guidance.
5. Legal advice
It is highly recommended to seek legal advice from a specialized immigration lawyer or a support organization for domestic violence victims. They can assist you with preparing the application, gathering evidence, and communicating with the IND.
6. What to do if your application is rejected?
If your application for a residence permit is rejected, you have the right to file an appeal. A
lawyer can help you take the appropriate steps and begin the appeals process. If your residence permit has been affected due to domestic violence, you have the right to apply for an independent residence permit on humanitarian grounds. It is crucial to file a police report and gather evidence. With the right legal assistance, you can ensure that you can remain in the Netherlands without depending on your former partner.