Humanitarian Stay Under Special Circumstances
Understanding temporary and non-temporary humanitarian residence permits for individuals facing special circumstances who cannot return safely to their home countries.
Humanitarian Protection in the Netherlands
In some situations, individuals who cannot remain in their home country due to safety, family, or personal reasons may qualify for a humanitarian residence permit in the Netherlands. Dutch immigration law distinguishes between humanitair tijdelijk (temporary humanitarian residence permit) and humanitair niet-tijdelijk (non-temporary humanitarian residence permit).
What is humanitarian stay
Humanitarian stay is a form of residence granted to people who cannot apply under the regular residence permit categories such as study, work, or family reunification. It is meant for individuals facing special or exceptional circumstances that require protection or compassion from the Dutch authorities.
There are two main types:
Important Note
Understanding the difference is crucial, as it affects your rights, length of stay, and path to permanent residence.
Humanitair tijdelijk (temporary humanitarian stay)
This type of permit is usually granted in exceptional but time-limited situations. Common examples include:
- People who cannot leave the Netherlands temporarily due to medical treatment that is not available in their home country
- Parents or caregivers of a child with a valid residence permit in the Netherlands who need temporary status themselves
- Victims of domestic violence
- Victims or witnesses of human trafficking who are cooperating with Dutch authorities
- Applicants whose asylum case has ended but who cannot yet safely return due to specific circumstances
- and more
Conditions for temporary humanitarian stay
- You must show that your stay in the Netherlands is necessary for humanitarian reasons but not intended as permanent settlement
- You need to prove identity with a valid passport or alternative accepted by the IND
- You must demonstrate the exceptional situation that prevents return to your country
- The IND assesses each application case by case and may require additional evidence, such as medical reports or police statements
Validity and renewal
- The temporary humanitarian permit is usually issued for one year or a few years depending on the situation
- Renewal is possible if the humanitarian reason still applies
- Once the situation no longer exists, the permit may not be extended
Humanitair niet-tijdelijk (non-temporary humanitarian stay)
This category applies when there are lasting humanitarian grounds for staying in the Netherlands. It provides more stability and is often a stepping stone toward permanent residence. Examples include:
- Long-term residence granted to family members who cannot be expelled because of strong dependency on a Dutch or EU-resident family member
- You possess a partner visa in the Netherlands for five years (or in some situations only two years if you are the partner of a European blue card holder), you passed the civic integration exams but you (and your family) do not have income to apply for the (EU) permanent residence
- You possess a partner visa relying on a Dutch citizen, and has become a widow or widower
- You possess a partner visa in the Netherlands for less than five years, but the marriage or relationship is broken
- Individuals who cannot safely return to their country for reasons that are not covered by asylum law but are still compelling
- You are a former Dutch citizen. You were born and raised in the Netherlands or you were born outside the Netherlands but still have a special link with the Netherlands
- Victims of domestic violence or honor-related violence where returning would cause serious harm
- Children who have lived in the Netherlands for a certain period and are rooted in Dutch society
- You have established your private and family life in the Netherlands that removing you from the Netherlands will infringe the European Convention on Human Rights (ECHR 8)
Conditions for humanitair niet-tijdelijk
- You must demonstrate that your humanitarian situation is structural and long-term
- Evidence is required to show dependency, risk of harm, or integration into Dutch society
- The IND will assess your ties to the Netherlands, your family situation, and the impossibility of returning safely
Rights and long-term perspective
- A non-temporary humanitarian permit is usually issued for five years
- Holders have stronger rights to work, education, and healthcare compared to temporary permits
- After five years of lawful residence, you may be eligible for a permanent residence permit or Dutch citizenship if other conditions are met
Differences between temporary and non-temporary humanitarian stay
Duration
Rights
Purpose
Temporary: Urgent but passing circumstances
Non-temporary: Structural and lasting humanitarian needs
Application procedure
Applications are submitted to the Dutch Immigration and Naturalisation Service (IND). Supporting documents are crucial, as these applications require substantial evidence.
Key Documents
- Proof of private and family life in the Netherlands
- Medical certificates
- Dependency statements
- Police reports
- School records for children
Process Timeline
Important Note
Processing times vary but may take several months due to the complexity of these cases. Some humanitarian cases are exempt from payment, but fees may apply in others.
Reasons for refusal
The IND may refuse an application if:
- The humanitarian grounds are not considered compelling enough
- Documentation is incomplete or inconsistent
- There are doubts about identity or nationality
- The applicant poses a risk to public order or security
Appeals Process
If refused, you can object to the decision within a set timeframe. You will receive a decision letter explaining the reasons for refusal. You can file an objection within the set deadline, usually four weeks. If needed, you can also appeal to court. Legal guidance is strongly recommended in these situations.
Why legal guidance is essential
Humanitarian stay applications are among the most complex categories of Dutch immigration law. Success often depends on detailed evidence and strong legal arguments.
Pathway Partners can help you assess whether your case fits under humanitarian temporary and/or non-temporary categories, prepare supporting documentation and legal reasoning, represent you in communication with the IND, and assist with objections and appeals if your application is refused.
Our Services
- Case assessment and eligibility review
- Document preparation and legal arguments
- IND communication and representation
- Appeals and objection procedures
Why Choose Us
- Specialized Dutch immigration law expertise
- Former IND experience and proven track record
- Personalized approach to complex cases
- Clear communication and realistic expectations
Conclusion
Humanitarian residence permits exist to protect people in extraordinary circumstances who cannot safely return to their country. The distinction between temporary and non-temporary humanitarian stay is essential to understand your rights and future in the Netherlands.
With expert guidance, you can increase the chances of a successful application and secure a more stable life for yourself and your family.
Pathway Partners specializes in humanitarian stay applications, providing comprehensive legal assistance to assess your eligibility, prepare strong applications, and represent you throughout the process.
FAQs
Can I work in the Netherlands with a humanitarian residence permit?
Yes, in most cases you are allowed to work if the residence card states "arbeid vrij toegestaan" (work freely permitted). For some temporary permits there may be restrictions, so always check the note on your residence card.
How long is a humanitarian residence permit valid?
A humanitair tijdelijk permit is usually valid for one year or a few years depending on your circumstances. A humanitair niet-tijdelijk permit is usually granted for five years.
Can I apply for permanent residence after holding a humanitarian permit?
Yes, if you have lived in the Netherlands lawfully for five years with a non-temporary humanitarian permit you may qualify for a permanent residence permit or even Dutch citizenship if you meet all conditions.
What happens if my humanitarian application is refused?
You will receive a decision letter explaining the reasons for refusal. You can file an objection within the set deadline, usually four weeks. If needed, you can also appeal to court. Legal guidance is strongly recommended in these situations.
Can family members join me in the Netherlands on the basis of my humanitarian permit?
It depends on the type of permit you hold and your family relationship. In some cases family reunification is possible, especially if you have a non-temporary humanitarian permit.
Do I need a lawyer to apply for humanitarian stay?
You are not legally required to have a lawyer, but because these applications are complex and evidence-heavy, professional legal support greatly increases the chance of success.
Need Help with Humanitarian Stay Applications?
Humanitarian stay applications are among the most complex in Dutch immigration law. Don't navigate this challenging process alone.
Our specialized immigration lawyers have extensive experience with humanitarian temporary and non-temporary permit applications. We assess your eligibility, prepare comprehensive documentation, and represent you throughout the IND process.
Book Free ConsultationLegal Assessment
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