Withdrawal of a residence permit is the decision by which the Immigration and Naturalisation Service ends a permit already granted, either retrospectively or for the future. The consequence is loss of lawful residence, usually followed by a return decision.
Legal basis
Article 18 of the Aliens Act 2000 lists the grounds for refusing to extend a regular permit and Article 19 applies those grounds to withdrawal. The main ones are: incorrect information or withholding information that would have led to refusal, no longer satisfying the restriction under which the permit was granted, insufficient means of support, and danger to public order. For the last of these the sliding scale of Article 3.86 of the Aliens Decree applies: the longer the residence, the heavier the sentence must be before withdrawal is possible. Where family life is involved, a balancing exercise under Article 8 ECHR is required, guided by the Boultif and Üner criteria.
How it works in practice
Withdrawal occurs most often where the relationship on which the permit was based has ended, where a highly skilled migrant loses their job, and after a criminal conviction. The Service usually announces withdrawal by a notice of intention, against which a written view may be submitted. That is the moment to substantiate ties with the Netherlands, length of residence, children and the consequences for family life.
Where it goes wrong
Reporting duties are forgotten: anyone losing a job or separating must notify the Service, and failure to do so counts independently. A second error is a written view without documents; a balancing exercise calls for evidence of schooling, work, language skills and social ties. Third, the sliding scale is miscalculated, when it is precisely that which can make the difference.
Related terms
Withdrawal leads to a return decision and sometimes to an entry ban; it connects to the regular residence permit.
Have you received a notice of intention to withdraw? Our immigration lawyers prepare the written view.
