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.

 

end faq

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