The public order test (openbare-orde-toets) is the assessment of whether a foreign national poses a threat to public order or national security. A negative outcome can block or end a residence permit under articles 16, 18 and 19 of the Aliens Act 2000 (Vw 2000), or naturalisation and option under the Netherlands Nationality Act (RWN).
Table of contents
Where is the public order test laid down?
For residence permits, refusal grounds are in article 16(1)(d) Vw 2000 (first application) and article 18(1)(e) Vw 2000 (extension). Article 19 Vw 2000 allows a temporary permit to be withdrawn on the same grounds. For naturalisation, article 9(1)(a) RWN requires refusal if there are serious suspicions, based on your conduct, that you threaten public order, public morals or the security of the Kingdom. Article 6(4) RWN contains a similar ground for option.
Does every conviction lead to refusal?
No. For residence permits, the IND weighs the nature and severity of the offence, the sentence and the length of lawful residence. The longer someone has lived in the Netherlands, the more serious the offence must be. This sliding scale (glijdende schaal) is set out in the Aliens Decree 2000. For naturalisation, the IND applies its own, stricter public order policy, in which penal orders and settlements can also count.
What information does the IND use?
The IND requests data from the judicial documentation system and considers convictions, penal orders (strafbeschikkingen) and settlements with the Public Prosecution Service. Personal circumstances, such as family life in the Netherlands, are weighed under article 8 of the European Convention on Human Rights.
How can you challenge a decision?
For residence decisions, you can file an objection within four weeks (article 69 Vw 2000). For naturalisation and option decisions, the term is six weeks (article 6:7 General Administrative Law Act). In the objection you can raise the age of the offence, your employment and your ties with the Netherlands.
Related terms
- Article 16 Aliens Act 2000
- Article 18 Aliens Act 2000
- Article 9 Netherlands Nationality Act
- Withdrawal of a residence permit
- Certificate of good conduct (VOG)
Our immigration lawyers advise employers, sponsors and families on regular migration and Dutch nationality. Want to know what this means for your situation? Book a free introductory meeting.
