Revoking Residence permit

Revoking Residence Permit

The impending revoking of their residence permit is a problem that foreigners in the Netherlands are increasingly facing. Under certain circumstances the Immigration Service (IND) can decide to revoke a previously granted residence permit.

With residence permits granted grounds of family reunification it often occurs that the IND attempts to revoke the residence permit because the IND believes that persons involved have misinformed her about income, or that the IND believes that relevant information regarding the change in de income situation of one of the family members has been withheld.

Since June 2013 is the MoMi (modern migration act) has entered into force. This act grants, unlike before, permits at one time for a period of 5 years. People often forget that people during those five years the conditions, such income requirement must continuously be to meet. If somewhere during the period of five years one of the conditions is no longer complied with, the IND may proceed to revoke the residence permit.

Another common situation that often leads to the revoking of a residence permit is in cases where the foreign national has a criminal record. By tightening  the so-called public order standards a single conviction for a crime may cause the IND to revoke the residence permit. Before July 1, 2012 it was not possible to revoke a residence permit if the alien in question had lived here legally for over 20 years. However, on July 1, 2012, the law was amended so that even after a lawful residence of 2o years or more a residence permit may be revoked, if there is any (serious) criminal record.

Relocation of the main seat of residence is also ground that is used often by the IND to proceed to revoke the residence permit. For example, by deregistering from the municipal registry IND finds that the alien has moved his main residence outside the Netherlands, the IND can then proceed to revoke the residence permit.

Are you facing the possible revoking of your residence permit? For questions about what Altadvocaten can do for you in this you can email us (info@altadvocaten.nl) or call the number 020 616 14 87.