Article 16 Aliens Act 2000 (grounds for refusal)

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Article 16 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw 2000) lists the grounds on which the Immigration and Naturalisation Service (IND) may refuse an application for a temporary regular residence permit under article 14 Vw 2000, for example for work, study or residence with a partner. One unmet ground can be enough for refusal.

What are the grounds for refusal?

Under article 16(1) Vw 2000, the IND may refuse the application if, among other things:

  • you do not hold a valid provisional residence permit (machtiging tot voorlopig verblijf, mvv) for the same purpose;
  • you do not hold a valid passport or other travel document;
  • you, or the person you will live with, lack sufficient independent and sustainable means of subsistence;
  • you pose a threat to public order or national security;
  • you refuse a medical examination for a disease designated under the Public Health Act, such as the tuberculosis test;
  • you have worked without complying with the Foreign Nationals Employment Act (Wav);
  • you gave incorrect information or withheld information;
  • a required declaration by the sponsor (referent) is missing (article 2a(2) Vw 2000).

For some purposes, the civic integration exam abroad is also a condition.

When is an mvv not required?

Exemptions from the mvv requirement are listed in article 17 Vw 2000 and the Aliens Decree 2000 (Vreemdelingenbesluit 2000). Nationals of certain countries, such as the United States, Canada and Japan, are exempt. If no exemption applies, applying from within the Netherlands after entering on a short-stay visa usually leads to refusal.

What can you do after a refusal?

You can file a notice of objection (bezwaar) with the IND within four weeks (article 69 Vw 2000). Missing documents can often still be submitted in the objection phase. Where an mvv is missing, a new application through the mvv procedure from abroad is often the faster route.

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