Integration law for immigrants to the Netherlands

Last updated
Civil Integration Act 2021
(Dutch: Wet inburgering 2021)
Coat of arms of the Staten Generaal.svg
States General of the Netherlands
Citation Stb. 2021, 586.
Territorial extent Netherlands
Enacted by States General of the Netherlands
Royal assent 30 November 2021
Commenced1 January 2022
Status: Amended

The integration law for immigrants to the Netherlands, known as the Civil Integration Act 2021 (Dutch : Wet inburgering 2021), is a law designed to ensure that long-term immigrants to the Netherlands, who are not citizens of the European Union, European Economic Area (Iceland, Liechtenstein and Norway) or Switzerland, integrate into Dutch society. This law requires immigrants to follow a structured process of social integration, which includes learning the Dutch language, understanding Dutch society, and participating in civic life. Immigrants must complete this process, including passing an exam, within three years of their arrival in the Netherlands. [1]

Contents

Since its introduction in 2006, the law has undergone several revisions. The most significant reforms, implemented in 2022, have been met with controversy for several reasons, ranging from concerns about the process's complexity and fairness to issues about how it affects different immigrant groups. [2] [3] [4]

According to a separate law, known as the Wet inburgering in het buitenland, certain classes of prospective immigrants must also pass a test involving basic knowledge of Dutch and Dutch society even before they first enter the Netherlands.

Introduction

Specific programs devoted to integration did exist before 2007. Between 1998 and 2007, new immigrants were obligated to follow an integration course that contained implemented standards on a national level. The courses were financed by the government and organized by local municipalities. There was, however, no compulsory test. Immigrants were fined only if they did not take the course without a valid reason.

The Law on Integration, drafted by Rita Verdonk, was passed by the House of Representatives (Tweede Kamer) on July 7, 2006, only one member of the House of Representatives, Fatma Koşer Kaya (D66), voted against it. It then passed the Senate (Eerste Kamer) on November 28, 2006 where four smaller political parties opposed it, totaling 13 out of 75 Senators. The law took effect on January 1, 2007. It provided legal framework for current programme, which is known as inburgering.

Inburgering is a requirement for residents who have relocated to the Netherlands from countries outside of the European Union, in addition to others in certain circumstances. After a period of three-and-a-half years (five years for some), they must pass an exam that evaluates various aspects of their integration. The current exam consists of six parts. [5] Four measure Dutch language skills and include components that test an immigrants' speaking, listening, writing and reading abilities. The fifth tests their knowledge of Dutch society. The sixth portion, introduced in 2015, assesses their understanding of the Dutch labor market.

The obligation to take the test currently applies not only to new immigrants, but also to some who have lived in the Netherlands for five years or longer. [6]

Prior to traveling to the Netherlands

A similar obligation exists for some foreigners wishing to relocate to the Netherlands, especially people wanting to marry a resident or a citizen. These rules can be found in another law titled the Wet inburgering in het buitenland (“Integration law for Immigrants to the Netherlands Abroad”). The exam is requirement to receive a temporary long stay residence permit (Dutch: MVV) and is usually taken at a Dutch embassy.

Failure to meet the obligations

Since the obligation was introduced for people entering after January 1, 2007, the law had no consequences for people failing to fulfill their obligations until July 1, 2010.

Local city councils are responsible for making sure that those obliged to take the exam do so. Failure to pass the test within the allotted time can result in financial penalties. The specifics depend on the resident's place of residence and can total anywhere from several hundred to more than 1,000 euros. However, residents can request additional time to prepare for the exam if their reasons for not adhering to their obligation is deemed sufficient. Contrary to popular belief, a resident cannot be denied residency because they have not passed the exam.

Exceptions

The law does not apply to:

In 2010, a Dutch judge ruled that the law ought not to be extended to Turkish citizens, because of an association treaty between the European Union and Turkey. [7] [8] [9]

Implementation and cost

The civic integration exam costs €250. [10] The cost to learn the Dutch language can vary by the school, and how much Dutch the pupil already knows. The total amount DUO is willing to loan an asylum seeker to complete their studies is in excess of €10,000. [11]

Controversy

A major aspect of the controversy relates to the language proficiency requirement. The 2022 reforms introduced a higher language threshold for immigrants seeking permanent residency or citizenship. The required proficiency level was increased from CEFR A2 to B1, which is considered more challenging. While the A2 level is still accepted for certain pathways, the B1 level, is necessary for permanent residency. This change has been criticized as an obstacle to integration, as achieving B1-level proficiency within the three-year integration period may be difficult for certain groups. [12] [13] [14]

Additionally, the financial burden placed on immigrants has raised concerns. Under the law, asylum seekers receive municipal support for integration courses and exams, but other groups, such as family migrants, are required to finance their own integration. This situation disproportionately affects lower-income individuals and has been viewed as a barrier to successful integration. The potential for penalties if the integration process is not completed within the required timeframe adds further stress, with fines and, in some cases, the denial of residency status posing risks to immigrants who struggle to meet the requirements. [15] [16]

The reforms also altered the support system for immigrants. While municipalities are responsible for overseeing the integration process, the extent of support varies depending on the category of the immigrant. Asylum seekers receive comprehensive assistance, but others, such as family members of skilled workers, are often left to navigate the integration system independently. This has led to criticisms of inequity in the distribution of resources and support. [13]

Related Research Articles

<span class="mw-page-title-main">Second Balkenende cabinet</span> Cabinet of the Netherlands, 2003 to 2006

The second Balkenende cabinet was the executive branch of the Government of the Netherlands from 27 May 2003 until 7 July 2006. The cabinet was formed by the Christian-democratic Christian Democratic Appeal (CDA), the conservative-liberal People's Party for Freedom and Democracy (VVD), and the social-liberal Democrats 66 (D66) after the election of 2003. The cabinet was a centre-right coalition and had a slim majority in the House of Representatives with Christian Democratic Leader Jan Peter Balkenende serving as Prime Minister. Liberal Leader Gerrit Zalm, a former Minister of Finance, served as Deputy Prime Minister and returned as Minister of Finance, while former Progressive-Liberal Leader Thom de Graaf served as Deputy Prime Minister and Minister without Portfolio for the Interior.

<span class="mw-page-title-main">Senate (Netherlands)</span> Upper house of the States General

The Senate is the upper house of the States General, the legislature of the Netherlands. Its 75 members are elected on lists by the members of the twelve States-Provincial and four electoral colleges for the Senate every four years, within three months of the provincial elections. All provinces and colleges have different electoral weight depending on their population.

<span class="mw-page-title-main">Rita Verdonk</span> Dutch politician (born 1965)

Maria Cornelia Frederika "Rita" Verdonk is a Dutch politician and businesswoman formerly affiliated with the People's Party for Freedom and Democracy (VVD) and later Proud of the Netherlands (TON), which she founded in 2007. Since 2022, she has been a municipal councillor of The Hague, elected on the list led by Richard de Mos.

<span class="mw-page-title-main">Kranenburg, North Rhine-Westphalia</span> Municipality in North Rhine-Westphalia, Germany

Kranenburg is a town and municipality in the district of Cleves in the state of North Rhine-Westphalia, Germany. It is located near the border with the Netherlands, 12 kilometres (7 mi) south-east of Nijmegen and 11 kilometres (7 mi) west of Cleves.

<span class="mw-page-title-main">One NL</span> Political party in the Netherlands

Eén NL is a Dutch political party founded in September 2006. It took part in the 2006 Dutch election under the leadership of Marco Pastors and Joost Eerdmans, but a dismal election result leaves the political future of the party quite uncertain. The party is seen as one of the political heirs of the late Pim Fortuyn.

<span class="mw-page-title-main">Gerdi Verbeet</span> Dutch politician

Gerardina Alida "Gerdi" Verbeet is a retired Dutch politician and political consultant who served as Speaker of the House of Representatives from 6 December 2006 to 19 September 2012. A member of the Labour Party (PvdA), she is the second officeholder elected independently by the House of Representatives after her predecessor Frans Weisglas. She served as a member of the House of Representatives from 26 July 2002 to 19 September 2012 and previously from 11 December 2001 until 22 May 2002.

According to research done by the Organisation for Economic Co-operation and Development (OECD), the Netherlands is ranked with Switzerland in having the most broadband subscriptions per 100 inhabitants, has no bandwidth caps, and has the most homes passed in Europe in terms of connection speeds of 50 Mbit/s and higher.

<span class="mw-page-title-main">Pieter Omtzigt</span> Dutch politician (born 1974)

Pieter Herman Omtzigt is a Dutch politician who has served as a member of the House of Representatives since 2003 apart from a short interruption between June and October 2010. He was member of the Christian Democratic Appeal (CDA), but left in 2021 and continued as independent. In August 2023, he founded a new party called New Social Contract, its name taken from his 2021 manifesto. Three months later, his party won 20 out of 150 seats in the 2023 Dutch general election.

<span class="mw-page-title-main">Mona Keijzer</span> Dutch politician (born 1968)

Maria Cornelia Gezina "Mona" Keijzer is a Dutch politician and former civil servant who is the minister of housing and spatial planning in the Schoof cabinet since 2024. A member of the Farmer–Citizen Movement, she won a seat in the House of Representatives in the 2023 Dutch general election.

Citizenship education for new citizens is education intended to prepare noncitizens to become legally and socially accepted as citizens, and is carried out by a variety of governmental and non-governmental organizations (NGO).

CNaVT, or Certificaat Nederlands als Vreemde Taal, is an internationally recognised certificate proving the language ability in Dutch language of the holders. To obtain the certificate, Dutch learners must pass the CNaVT examination, organised by the Catholic University of Leuven and Radboud University Nijmegen. The Dutch Language Union has commissioned this collaboration. CNaVT is also a member of the Association of Language Testers in Europe (ALTE). The examinations is set according to different levels in the Common European Framework of Reference for Languages and is offered in accordance to various needs of the examinees. The certificate is widely recognised as proof of ability in Dutch in the Netherlands and Belgium and is useful for immigration, work and admission to educational institutions.

Staatsexamen Nederlands als tweede taal, often abbreviated as Staatsexamen NT2, is a standardised examination of Dutch language for those who are not native speakers of Dutch. By passing the State Examinations NT2 candidates can show that they have sufficient command of the Dutch language to be able to work or study in the Netherlands.

<span class="mw-page-title-main">Denk (political party)</span> Dutch political party

Denk is a political party in the Netherlands, founded on a minority rights platform. It is legally registered as "Politieke Beweging Denk".

<span class="mw-page-title-main">Leonie Vestering</span> Dutch politician (born 1984)

Leonie Vestering is a Dutch politician of the Party for the Animals (PvdD). She campaigned against circus animals, and she was a member of the States of Flevoland and the Almere municipal council. Vestering was elected to the House of Representatives in 2021 and resigned in September 2023 in response to a conflict within her party.

<span class="mw-page-title-main">Stephan van Baarle</span> Dutch politician (born 1991)

Stephan Ruben Tobias van Baarle is a Dutch politician. A member of the minority interest party DENK, he served on the Rotterdam municipal council from 2018 to 2022. He was elected to the House of Representatives in 2021 and succeeded Farid Azarkan as DENK's parliamentary leader two years later.

<span class="mw-page-title-main">Ruben Brekelmans</span> Dutch politician (born 1986)

Ruben Pieter Brekelmans is a Dutch politician serving as the minister of defence in the Schoof cabinet since 2024. Brekelmans previously served as a member of the House of Representatives on behalf of the conservative-liberal People's Party for Freedom and Democracy (VVD). As a parliamentarian, he focused on foreign affairs and migration.

<span class="mw-page-title-main">Mariëlle Paul</span> Dutch politician (born 1966)

Mariëlle Lucienne Josepha Paul is a Dutch politician. A member of the conservative liberal People's Party for Freedom and Democracy (VVD), she was elected to the House of Representatives in the 2021 general election, and she became Minister for Primary and Secondary Education as part of the fourth Rutte cabinet in July 2023. She continued with the same portfolio in the Schoof cabinet as State Secretary for Primary and Secondary Education and Equal Opportunities starting in July 2024. Paul previously worked as a communications director for several multinational corporations.

<span class="mw-page-title-main">Pepijn van Houwelingen</span> Member of the Dutch House of Representatives

Pepijn van Houwelingen is a Dutch politician, who has been serving as member of the House of Representatives with a short pause since 2021. He is a member of the conservative populist party Forum for Democracy (FvD). Van Houwelingen holds a doctorate and has worked for the Netherlands Institute for Social Research for a decade.

<span class="mw-page-title-main">Eric van der Burg</span> Dutch politician (born 1965)

Eric van der Burg is a Dutch politician, who served as State Secretary for Justice and Security in the fourth Rutte cabinet between January 2022 and July 2024. A member of the People's Party for Freedom and Democracy (VVD), he was elected to the Senate in 2019. Van der Burg previously had a lengthy political career in the municipality of Amsterdam which culminated in his brief service as ad interim Mayor of Amsterdam in 2017.

<span class="mw-page-title-main">Fourth Rutte cabinet</span> Cabinet of the Netherlands, 2022 to 2024

The fourth Rutte cabinet was the cabinet of the Netherlands from 10 January 2022 until 2 July 2024. The cabinet was a continuation of the third Rutte cabinet and was formed by the conservative liberal People's Party for Freedom and Democracy (VVD), the social liberal Democrats 66 (D66) and the Christian democratic Christian Democratic Appeal (CDA) and Christian Union (CU) after the election of 2021. The cabinet fell on 7 July 2023, after failing to reach an agreement on separate treatment of refugees fleeing from war. It continued serving as a demissionary cabinet until the Schoof cabinet was sworn in on 2 July 2024.

References

  1. Zaken, Ministerie van Algemene (2023-03-06). "Registering for the civic integration exam - Integration in the Netherlands - Government.nl". www.government.nl. Retrieved 2024-09-13.
  2. Wilson, Jenny (2011). "Netherlands to Immigrants: Learn Dutch or Fear Deportation". Time. Retrieved 2014-11-12.
  3. "Report on Integration". Tweede Kamer der Staten Generaal. 2013. Retrieved 2014-11-12.
  4. "Learn Dutch or leave the country: the role of language in Dutch integration policies". Diggit Magazine. 2017-11-15. Retrieved 2024-09-13.
  5. "New Integration Exam". DUO. 2013. Retrieved 2014-11-12.
  6. "Netherlands - Parliament approves modified integration law - Canada immigration news archive". Tcscanada.net. 2006-07-10. Retrieved 2012-08-03.
  7. door Folkert Jensma. "Uitspraak 61: Is voor een Turkse migrant inburgering verplicht? :: nrc.nl". Weblogs.nrc.nl. Archived from the original on 2011-09-29. Retrieved 2012-08-03.
  8. Door een onzer redacteuren (2010-08-14). "Turken hoeven niet verplicht naar inburgeringscursus :: archief nrc.nl". Vorige.nrc.nl. Archived from the original on 2012-04-02. Retrieved 2012-08-03.
  9. Inburgering niet verplicht voor Turken (Nu.nl)
  10. "How much does integration cost? – DUO Inburgeren". inburgeren.nl. Retrieved 2024-09-13.
  11. "How much money can you borrow? – DUO Inburgeren". inburgeren.nl. Retrieved 2024-09-13.
  12. "Netherlands: Important changes to the Dutch Civic Integration Act". European Commission. 2015-06-09. Retrieved 2024-09-13.
  13. 1 2 Zaken, Ministerie van Algemene (2022-03-07). "New Civic Integration Act 2021 - Integration in the Netherlands - Government.nl". www.government.nl. Retrieved 2024-09-13.
  14. Wedia. "Dutch civic integration exam: what expats need to know". IamExpat. Retrieved 2024-09-13.
  15. "The new Integration Act: its impact on permanent residence and Dutch citizenship applications". Mynta Law. Retrieved 2024-09-13.
  16. "Important changes in 2022 | The Hague International Centre". www.thehagueinternationalcentre.nl. 2021-12-13. Retrieved 2024-09-13.