The Netherlands Tightens Rules on Residency Permits for Foreign Nationals Convicted of Crimes
The Hague, 12 June 2026
The Dutch government plans to revoke residency permits after just two criminal convictions — down from three — marking a significant shift in immigration policy that could affect thousands of foreign nationals living in the Netherlands.
A Shift in the Legal Threshold
The proposals, communicated by Minister of Asylum and Migration Bart van den Brink in a letter to the Dutch parliament (Tweede Kamer), centre on amending the legal framework known as the ‘glijdende schaal’ — translated as the ‘sliding scale’ [1][3]. This is the mechanism that the Dutch Immigration and Naturalisation Service (IND) currently uses to assess whether a residence permit can be revoked or not renewed following a criminal conviction [1]. Under the existing framework, the IND weighs the length of a person’s residence in the Netherlands against the severity of the offence committed: the longer the residency, the more serious the conviction must be before a permit can be withdrawn [1]. The proposed changes would reduce the number of convictions required to trigger revocation on grounds of repeat offending from three to two, provided those convictions are linked to final custodial sentences [1][3]. Minister van den Brink summarised the government’s position plainly: ‘Als je ervoor kiest je te misdragen, dan is daar de uitgang’ — ‘If you choose to misbehave, there is the exit’ [5].
A Shift in the Legal Threshold
It is important to note that these are proposals, not yet law. The package of changes to the Vreemdelingenbesluit (the Dutch Aliens Decree) is due to be sent to the Tweede Kamer [alert! ‘The FOK source references a date of 25 June 2019, which appears to be a data error; contextual evidence from all sources confirms the proposals relate to June 2026’] [5]. Until parliament has debated and voted on the measures, the existing rules remain in force [GPT]. Foreign nationals currently residing in the Netherlands — whether on a settled permit or awaiting an asylum decision from the IND — should be aware that the legal landscape is in a period of transition, not yet changed [1][3].
Removing Long-Term Protections and Expanding Offence Categories
One of the more significant elements of the proposed reforms concerns the removal of a special protection currently enjoyed by foreign nationals who have lived in the Netherlands for more than ten years [1]. Under the present rules, this group can only have their residence permit revoked in cases involving very serious offences — specifically violence, sexual crimes, or drug-related offences [1]. The new proposals would strip away this decade-long protection and expand the list of qualifying offences to include other serious crimes, such as human trafficking and major financial crime [1][3]. This change is described by the Dutch Ministry of Justice and Security (Ministerie van Justitie en Veiligheid) as part of a broader policy aimed at strengthening public safety and taking a firmer approach to criminal conduct by non-citizens [1]. The ministry’s position reflects a deliberate political choice to prioritise public order considerations over length of residency as a mitigating factor [1][3].
Removing Long-Term Protections and Expanding Offence Categories
The proposals also address the specific situation of individuals subject to a terbeschikkingstelling (TBS) — a form of compulsory psychiatric treatment or detention that can be imposed by Dutch courts in serious criminal cases [1][GPT]. Currently, the IND must wait until a TBS measure has ended or been extended before initiating permit revocation proceedings [1]. Under the new rules, a residence permit could be revoked immediately upon conviction, without waiting for the TBS period to conclude [1]. Critics and legal observers have raised questions about the proportionality of these measures, particularly regarding minor offences. As one commentator asked in a post on 10 June 2026: ‘Welke waarborgen komen er om te voorkomen dat mensen hun verblijfsvergunning verliezen na relatief lichte vergrijpen, en hoe wordt de proportionaliteit van zo’n beslissing beoordeeld?’ — ‘What safeguards will be put in place to prevent people from losing their residence permit after relatively minor offences, and how will the proportionality of such a decision be assessed?’ [4]. This question of proportionality remains unanswered in the proposals as they currently stand [alert! ‘No official government response to proportionality concerns has been confirmed in the available sources’].
What This Means for Asylum Seekers and Current Permit Holders
For individuals currently in the Dutch asylum procedure — awaiting a decision from the IND on their application — the practical implications of these proposals are clear, even before they pass into law. A criminal conviction during the asylum process, even for a relatively minor offence, can already have serious consequences for an asylum case under existing rules [GPT]. If the proposed changes are enacted, those consequences would be further amplified, with the IND able to act more swiftly and with a lower threshold [1][3]. For those who already hold a Dutch residence permit, the risk of revocation would increase under the new framework, particularly for individuals who have accumulated two convictions with custodial sentences, or who have been convicted of offences related to human trafficking or financial crime [1][3].
What This Means for Asylum Seekers and Current Permit Holders
The broader policy context is one of sustained pressure on the Dutch immigration system. On 12 June 2026 — today — the European Asylum and Migration Pact entered into force, transferring the screening function from the DISA organisation to the IND [5]. The Dutch government is simultaneously navigating separate legislative debates about the reading of asylum seekers’ mobile phones, a measure the IND has declined to implement without a proper legal basis [5]. Taken together, these developments paint a picture of a government seeking to tighten multiple levers of immigration control in parallel [1][3][5]. Anyone with concerns about how the proposed permit revocation rules could affect their specific situation is strongly advised to contact their legal aid provider (rechtsbijstandverlener) as a matter of urgency, before any parliamentary vote changes the legal position [1].
The Road Ahead in Parliament
The proposals must still pass through the Tweede Kamer before they carry legal force [1][2][3]. Parliamentary scrutiny may result in amendments, delays, or — in a less likely scenario — rejection of parts of the package [GPT]. The Telegraaf reported on the cabinet’s intentions under the headline ‘Twee keer in de fout? Dan kun je vertrekken’ — ‘Two strikes? Then you can leave’ — reflecting the political tone with which the government is presenting these measures to the public [2]. The reduction from three to two required convictions is the headline figure, but the removal of long-term residency protections and the expansion of qualifying offences are arguably the more structurally significant changes, since they affect a broader population of permit holders who might previously have believed their length of stay offered meaningful legal protection [1][2][3]. The exact timeline for parliamentary debate and a potential vote has not yet been formally confirmed [alert! ‘No confirmed parliamentary debate date is available in the provided sources’].