7 items tagged "illegal"

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Information on basic rights for undocumented migrants

Meet others
Without a residence permit you may depend in many things on others. It is therefore important to build a network and to go places where you can meet others safely. And that there are places where you can relax, take a shower or eat. On this page there are different types of organizations and places where you can do that. For example, meet people with the same background or religion. Or addresses of places where you can eat for free or cheap or to take a shower. Or self-help organizations where you and others can improve your situation. Reed more on paspoortamsterdam.nl

Medical care
People without a residence permit are entitled to essential medical care. A doctor will determine whether the medical care is necessary. If you do not have medical insurance you must pay for the medical care you receive. If you are unable to pay you should inform the doctor right at the start. A doctor is not allowed to refuse you treatment because you do not have any money. A doctor or a hospital will send you bills even if you have explained you cannot pay. Always reply to these bills and indicate why you cannot pay. Sometimes it is possible to make an arrangement to pay in instalments. If you have proved to the doctor that you really cannot pay he can recover the costs from the College voor Zorgverzekeringen (CVZ) (board of health insurance). Only medical care that that is covered by the regular basic insurance can be compensated by CVZ. Read more on paspoortamsterdam.nl

Without a residence permit, people are particularly vulnerable to exploitation and abuse in the workplace. As an undocumented person, you have no legal right to work in the Netherlands. You cannot obtain a social security number (burgerservicenummer) or a work permit and your employer is legally obliged to verify this information. However, if you are working, you have certain rights. Read more on paspoortamsterdam.nl

Do my children have rights?
In the Netherlands all children are entitled to protection, good healthcare, education and other basic needs. This includes children without a residence permit. These rights are established in European and universal treaties and in various Dutch laws, including the Constitution. However, in everyday life, lack of knowledge about the rights and duties of undocumented children sometimes causes major problems. Read more on paspoortamsterdam.nl

Housing and shelter
In principle people without a residence permit have the right to rent accommodation in the Netherlands. However many undocumented people cannot afford to rent independent housing. They are dependent on help from others. They are often not eligible for housing and help from mainstream organisations. Under certain conditions people without a residence permit can be given accommodation by a few private organisations, but the capacity is very limited. Read more on paspoortamsterdam.nl

The same rules apply to undocumented people as to other suspects. You have the right to speak to a lawyer before you are interviewed by the police. The police are actually obliged to tell you about this before the hearing. If you have a lawyer it is advisable to always carry his contact details around with you. Give the name of your lawyer to the police immediately. If you do not have a lawyer you can be referred to the duty lawyer. Read more on paspoortamsterdam.nl

Since the introduction of the terugkeerrichtlijn (directive on repatriation) staying in the Netherlands without a residence permit is a penal offence. If the police discover you are illegal or your application for a residence permit is refused, you are legally obliged to return to your country of origin. If you do not do this you may receive a re-entry ban. By being in the Netherlands you violate this prohibition and may be punished with a fine of up to € 3.800 or six months’ imprisonment. If you have a re-entry ban you may not submit a new application for a residence permit. There are some exceptions to this rule. Read more on paspoortamsterdam.nl

More questions? 
Look for more information on paspoortamsterdam.nl.
Or download the brochure 'Basic rights for people without stay permit''(pdf).

HIV+ alien & further information

Do you have questions about the Dutch laws relating to aliens or about legal support?

You can get information (in Dutch) from Het Juridisch Loket via www.hetjl.nl - click on Vreemdelingen.

Does your HIV nurse / social worker have questions about the right of residence or accommodation possibilities or need information about the situation in specific countries?

He or she can contact the Lampion helpdesk: www.lampion.info. The staff are available by telephone on weekdays from 9 am until 1 pm at (030) 234-9855.

Would you like a list of organisations that provide or help you find (emergency) accommodation?

A list can be obtained from Stichting Landelijke Ongedocumenteerden Steunpunt (LOS) via www.stichtinglos.nl.

Do you still have questions?

You can get in touch with the the Servicepunt of Hiv Vereniging Nederland. The staff are available by telephone on monday, tuesday, thursday from 2 pm until 10 pm at (020) 689-2577.

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HIV+ alien & reception/accommodation

Is reception/accommodation possible if you can't leave the Netherlands due to illness?

If you have no means of existence, you may be eligible for reception/accommodation through Agency for the Reception of Asylum Seekers (COA) in accordance with Art. 64 of the Aliens Act. You will receive a daily allowance and will be insured through the healthcare insurance programme for asylum seekers. If you have no place to live, you can be placed in an Asylum Seekers' Residence Centre (AZC). To arrange this, the Immigration and Naturalisation Service (IND) has to send form number M54 to the COA. These services will end as soon as there is nothing more blocking your deportation.

What about reception/accommodation if you have applied for a residence permit on the grounds of a medical emergency?

People who have applied for a permit on the grounds of a medical emergency and who have the same (medical) situation as someone who gets a postponement of departure can also make use of the reception facilities for asylum seekers. The Immigration and Naturalisation Service (IND) must use form number M54. But note: there is only a very slight chance that Art. 64 of the Aliens Act will apply in your case.

What if you are not eligible for reception/accommodation?

There a numerous initiatives (often run by churches) aimed at finding or providing accommodation to (former) asylum seekers who are not (or no longer) eligible for reception/accommodation through the national government. You can read more information (in Dutch) about this on www.lampion.info - click on Onderdak.

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HIV+ alien & pregnancy

What are your rights if you no longer have any possible legal remedies as an alien and you are pregnant?

You will have a right to accommodation for four weeks before and six weeks after you give birth, and you will be insured against medical expenses during that period.

What if you find out during your pregnancy that you are HIV positive and you don't have documents of legal residency in the Netherlands?

Under certain conditions, you can start an application procedure for residency on the basis of a medical emergency.

What if you have become pregnant by a Dutch partner?

If your partner is Dutch, he (or she) can acknowledge the unborn child as his (or her) child already before it is born. The child will then automatically receive the Dutch nationality.

Does your newborn baby need to be registered at the Registry Office at City Hall?

Every newborn baby must be registered with the Registry Office of the municipality in which it was born. This gives the child the "right to exist". This is something different from its having a legal status, since that depends on the status of the child's parents.


end faq

HIV+ alien & medical emergencies

Can you start an application procedure for a residence permit on the grounds of a medical emergency because of your HIV status?

There is said to be a medical emergency if you could die within three months without medical treatment in your own country or if your condition would lead to serious physical or mental damage. Also if the medical treatment is expected to last longer than one year.

Which conditions do not apply for an application submitted on the grounds of a medical emergency?

You can be exempted from the requirements for an authorisation for temporary stay (MVV). You would have to be considered medically incapable of waiting out the application procedure in your country of origin. In that case, the requirements of having a valid passport and financial means would also be dropped and you would not need to have healthcare insurance.

What is the procedure for applying for residency on the grounds of a medical emergency?

Registration takes place at the municipal Aliens Police. For this, you will need identity documents and a general medical certificate issued by the internist who is treating you. The Medical Advice Bureau (BMA) will then ask your internist for a more detailed medical statement. Once the internist has written this, the BMA will give its independent advice to the Immigration and Naturalisation Service (IND), and the IND will decide. All this will take about 4-6 months. If the decision is negative, you can start an appeals procedure in court. That will take another six months, approximately. In practice, the processing of an application often takes well over one year in total.

Where can you find information about the availability of medical treatment in a person's country of origin?

There are many questions about the healthcare situation in countries of origin. Is a certain kind of medicine available? Is it available for everyone? But also more generally: about the way healthcare is set up there, the accessibility of clinics, etc. For that reason, contacts have been made with a number of organisations that may be able to provide answers to these kinds of questions. The information can be found (in Dutch) on www.lampion.info - click on Landeninfo.

Is this residence permit a temporary permit?

The residence permit is temporary and is granted for up to one year. In other words, you will have to apply for a new permit every year and pay the accompanying fees to the municipality. After three years, this permit may be changed to a permanent residence permit. The cost for legal support is provided for, but you will have to pay any fees yourself. Private funds might be able to offer you financial support for this.

What will you need to do if the residence permit is granted?

First you need to register with the Municipal Base Administration (GBA) with your address of residence. Then you will need to apply for a Sofi-number and open a bank account. Subsequently, you have to report to the Dienst Werk en Inkomen (DWI - Department for Work and Income).

What about the members of your family?

Members of your family who are in the Netherlands and who are dependent on you (who has received a permit on the grounds of a medical emergency) can be given a dependent's residence permit because they cannot be asked to return to their country of origin. They are not allowed to work.


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