Wet Inburgering Nieuwkomers
Encyclopedia
The Law on integration obliges most immigrants who are not citizens of the EU
, Switzerland
, Turkey
, or the European Economic Area
countries to learn Dutch
and pass an exam within a few years of their arrival in the Netherlands.
According to the a separate law, known in Dutch as the 'Wet inburgering in het buitenland, certain classes of prospective immigrant must pass a test of very basic knowledge of Dutch and society even before their first entry into the Netherlands.
, was passed by the House of Representatives (Tweede Kamer) on 7 July 2006 and the Senate (Eerste Kamer) on 28 November 2006. It came into force on 1 January 2007.
This immigration law
obliges people entering the Netherlands to integrate into Dutch society. After a period of three-and-a-half years (five years for some), they must have passed an exam measuring their level of integration. It consists of two parts, a Dutch language
exam and a test of knowledge of Dutch society. The obligation to learn Dutch and integrate applies not only to new immigrants, but also to some who have already lived in the Netherlands for years.
Instruments promoting integration did exist before 2007, but were not compulsory. The law will however have consequences for some of the people who entered the Netherlands before 2007 (subject to certain criteria), but they will not go as far as for people who entered the Netherlands in 2007 or later. Many other countries impose similar obligations on people seeking to adopt their nationality
, but not foreign nationals legally resident.
(Dutch: MVV). This exam is usually taken in Dutch embassies
.
The law further states that the city council
on the place of residence can decide whether a person who has been in the country for three and a half years and has not passed (or not taken) the exam is to be held accountable. In other words, whether the individual has made adequate efforts.
In 2010, a Dutch judge ruled that the law did not apply to Turkish citizens, because of an association treaty between the European Union and Turkey
.
As of June 2011, the courses, which can cost several thousand euros, may be subsidised by the government in certain circumstances.
The cabinet wants to
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, or the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
countries to learn Dutch
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
and pass an exam within a few years of their arrival in the Netherlands.
According to the a separate law, known in Dutch as the 'Wet inburgering in het buitenland, certain classes of prospective immigrant must pass a test of very basic knowledge of Dutch and society even before their first entry into the Netherlands.
Introduction
The Dutch Law on integration, drafted by Rita VerdonkRita Verdonk
Maria Cornelia Frederika "Rita" Verdonk is a retired Dutch politician initially of the People's Party for Freedom and Democracy until she was expelled in October 2007, she later formed her own party Proud of the Netherlands . She served as Minister for Integration and Immigration in Cabinets...
, was passed by the House of Representatives (Tweede Kamer) on 7 July 2006 and the Senate (Eerste Kamer) on 28 November 2006. It came into force on 1 January 2007.
This immigration law
Immigration law
Immigration law refers to national government policies which control the phenomenon of immigration to their country.Immigraton law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship...
obliges people entering the Netherlands to integrate into Dutch society. After a period of three-and-a-half years (five years for some), they must have passed an exam measuring their level of integration. It consists of two parts, a Dutch language
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
exam and a test of knowledge of Dutch society. The obligation to learn Dutch and integrate applies not only to new immigrants, but also to some who have already lived in the Netherlands for years.
Instruments promoting integration did exist before 2007, but were not compulsory. The law will however have consequences for some of the people who entered the Netherlands before 2007 (subject to certain criteria), but they will not go as far as for people who entered the Netherlands in 2007 or later. Many other countries impose similar obligations on people seeking to adopt their nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
, but not foreign nationals legally resident.
Prior to traveling to the Netherlands
A similar obligation exists for some foreign residents wishing to come to the Netherlands, especially people wanting to marry somebody who already lives there. These rules are found in another Law, the “Wet inburgering in het buitenland” (Integration law for immigrants to the Netherlands abroad). This provides for a far easier exam to be taken before coming to the Netherlands when applying for a three-month visaVisa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
(Dutch: MVV). This exam is usually taken in Dutch embassies
Diplomatic mission
A diplomatic mission is a group of people from one state or an international inter-governmental organisation present in another state to represent the sending state/organisation in the receiving state...
.
Failure to meet the obligations
Since the obligation was introduced for people entering after 1 January 2007, the law had no consequences for people failing to fulfil their obligations until 1 July 2010.The law further states that the city council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
on the place of residence can decide whether a person who has been in the country for three and a half years and has not passed (or not taken) the exam is to be held accountable. In other words, whether the individual has made adequate efforts.
Exceptions
The law does not apply to:- Dutch nationals (but see below for earlier drafts of the law);
- people from EU countries, EEAEEAEEA or Eea may refer to:* Eea or Electron affinity, the energy required to detach an electron from a singly charged negative ion* River Eea, in Cumbria, England* EEA Helicopter Operations, a Dutch subsidiary of CHC Helicopter...
countries, SwitzerlandSwitzerlandSwitzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
and TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
; - minors (under 18);
- people over 65 years;
- people who spent 8 or more years or more in the Netherlands while minors and subject to compulsory educationCompulsory educationCompulsory education refers to a period of education that is required of all persons.-Antiquity to Medieval Era:Although Plato's The Republic is credited with having popularized the concept of compulsory education in Western intellectual thought, every parent in Judea since Moses's Covenant with...
) - people who have school diplomaDiplomaA diploma is a certificate or deed issued by an educational institution, such as a university, that testifies that the recipient has successfully completed a particular course of study or confers an academic degree. In countries such as the United Kingdom and Australia, the word diploma refers to...
s, certificates etc. of Dutch-language education, for example people educated in SurinameSurinameSuriname , officially the Republic of Suriname , is a country in northern South America. It borders French Guiana to the east, Guyana to the west, Brazil to the south, and on the north by the Atlantic Ocean. Suriname was a former colony of the British and of the Dutch, and was previously known as...
; - people who are sent by their companies to work in the Netherlands (expatsExpatriateAn expatriate is a person temporarily or permanently residing in a country and culture other than that of the person's upbringing...
); - students
In 2010, a Dutch judge ruled that the law did not apply to Turkish citizens, because of an association treaty between the European Union and Turkey
Ankara Agreement
The Agreement Creating An Association Between The Republic of Turkey and the European Economic Community , made in 1963, is an agreement aiming towards the accession of Turkey into the European Economic Community ....
.
Implementation and cost
Dutch municipalities are responsible for the implementation of the law.As of June 2011, the courses, which can cost several thousand euros, may be subsidised by the government in certain circumstances.
Controversy
- It is claimed that the Netherlands is the only country imposing integration and language requirements on persons still abroad.
- Part of the dispute is therefore whether this law is a sign of more negative attitudes towards immigrants (or even xenophobia) in the Netherlands.
- This law originally proposed obligations for Dutch nationals from (ArubaArubaAruba is a 33 km-long island of the Lesser Antilles in the southern Caribbean Sea, located 27 km north of the coast of Venezuela and 130 km east of Guajira Peninsula...
and the Netherlands AntillesNetherlands AntillesThe Netherlands Antilles , also referred to informally as the Dutch Antilles, was an autonomous Caribbean country within the Kingdom of the Netherlands, consisting of two groups of islands in the Lesser Antilles: Aruba, Bonaire and Curaçao , in Leeward Antilles just off the Venezuelan coast; and Sint...
) wishing to enter Dutch territory. Young people from these countries are over-represented in crime figures, and not all of them speak Dutch well, or not as their first language. However, it was not possible to identify people from the Dutch Caribbean as suchh, so all Dutch nationals were initially covered, except for those who had spent more than 8 years of their childhood in the Netherlands. The intention was, in fact, to pinpoint residents of the Dutch Caribbean. This plan was abandoned after legal advice from the Council of StateDutch Council of StateIn the Netherlands, the Council of State is a constitutionally established advisory body to the government which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience...
(Raad van State), which declared it unconstitutionalConstitution of the NetherlandsThe Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of...
. The law now applies to about 250,000 people in the Netherlands. - One highly controversial provision was that some people would have to pay for any Dutch language training themselves, and receive a reimbursement only if they went on to pass the exam. This has been abandoned in practice, though not in theory. (See Future plans)
- Despite widespread controversy, only one member of the House of Representatives, Fatma Koşer KayaFatma Koşer KayaFatma Koşer Kaya is a Dutch lawyer and politician of Turkish origin. As a member of Democrats 66 she has been an MP since September 8, 2004. She focuses on social affairs....
(D66Democrats 66Democrats 66 is a progressive and social-liberal political party in the Netherlands. D66 was formed in 1966 by a group of politically unaligned, young intellectuals, led by journalist Hans van Mierlo. The party's main objective was to democratise the political system; it proposed to create an...
), voted against it. In the Senate, four smaller political parties opposed it, totalling 13 out of 75 Senators. See: http://www.eerstekamer.nl/wetsvoorstel/30308_wet_inburgering
Future plans
The Rutte cabinet plans to change several aspects of the law. These plans await parliamentary approval (as at June 2011).The cabinet wants to
- have immigrants pay for their training.
- revoke permanent and temporary residence permits from persons who do not pass the test within three years. Asylum seekers will not be expelled, but will be fined.
External links
- Civic integration examination abroad introduced website of the Immigratie en NaturalisatiedienstImmigratie en NaturalisatiedienstThe Immigration and Naturalisation Service, Dutch: Immigratie en Naturalisatiedienst , is a Dutch government agency that handles the admission of foreigners in the Netherlands. It is part of the Ministry of the Interior and Kingdom Relations...
- newspaper article Dutch language in TrouwTrouwTrouw is a Dutch daily newspaper. "Trouw" is a Dutch word meaning "fidelity", "loyalty", or "allegiance", and is cognate with the English adjective "true"...
- The Netherlands: Discrimination in the Name of Integration article dated May 13, 2008 by Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
- Pass this test, Dutch tell immigrants From The Sunday TimesThe Sunday TimesThe Sunday Times is a British Sunday newspaper.The Sunday Times may also refer to:*The Sunday Times *The Sunday Times *The Sunday Times *The Sunday Times...
June 18, 2006, by Nicola Smith - http://www.spiegel.de/international/0,1518,397021,00.html der Spiegel English version