If you are evacuated from Afghanistan but had to leave familymembers behind who shared your household ( Application based on article 8 ECHR cover letter)
Be aware that this is regarded a regular residence permit application so the government will charge you leges of 207 euro pro person. If you have trouble filling in the form go to Vluchtelingenwerk or a Sociaal Wijkteam or ask your former lawyer if she or he is willing to help. Also be aware that it is a procedure where chances are low and at first it is mostly rejected. If your familymember can find a job as a highly qualified migrant or you can pay for him or her to go to university that might be a better option.
Everything below that is yellow is where you have to do homework.
IND
Immigratie- en Naturalisatiedienst
Postbus 16
9560 AA Ter Apel
Concerning my application for a residence permit for my (family relation like mother, sister)
(City you are in), (date)
Dear Sir, Madam,
I am sending you this form
https://ind.nl/en/forms/7518.pdf
(Instructions:
Choose
)
to apply for a residence permit for my (mother and sister……. Or other family member. Fill in relationship and full names).
I have been evacuated from Afghanistan on (together with my wife and children) because we were considered to be in mortal danger due to the fact that:
- I worked for the Dutch government / I worked as a journalist/judge / etc.
I have been granted a residence permit since …….
In Afghanistan my (name the familymembers) and I shared a household. I was the head of the family and provided income and security. In Afghanistan it is quite common for elder relatives and unmarried siblings to live in one household. For women to live alone life can be difficult.
I want to point to the following documents:
1. "It is such a humiliation not to be allowed to work anymore and to have to find a husband to survive"
Sanjar, 24, was in her office when the Taliban invaded Kabul on Sunday morning. As a young single working woman belonging to the Hazara minority, she fears for her future. "I'd like to wear a headscarf, but without work my life is meaningless."
2. Afghan Women Watching the Walls Close In. Taliban Crushes Women’s Freedom of Movement and Other Rights
https://www.hrw.org/news/2022/03/02/afghan-women-watching-walls-close
3. As a rule, the IND grants a single woman from Afghanistan a temporary asylum residence permit on the basis of Article 29(1), opening words and under b of the Aliens Act.
Vreemdelingencirculaire C7/2.4.5
4. The IND only considers the following categories of foreign nationals as risk groups for Afghanistan: a) women working in the public arena (in particular non-governmental organisations, journalism, ministries, education, health and the judiciary). b) persons active in politics, journalism or in the field of human rights, working for non-governmental organizations or the judiciary. c) civilians associated with – or perceived as supporting – the Afghan government, pro-government armed groups, Afghan civil society and the international community in Afghanistan, including international forces, and as a consequence are at additional risk of targeted violence by especially the Taliban and ISKP. This also includes employees of Dutch development projects, human rights and in particular women's rights defenders, fixers of journalists and people who have worked for the Dutch government (other than interpreters) in Afghanistan. d) Hazaras. e) aliens who come from a habitat where they belong to a (marginalized) ethnic minority, who are experiencing serious problems there. f) aliens who come from a habitat where they belong to a (marginalized) religious minority, who are experiencing serious problems there. g) non-Muslims, especially converts (converts to Christianity), apostates, Christians, Bahai and Sikhs/Hindus. h) LGBTs. i) victims of Bacha Bazi abuse.
See Vreemdelingencirculaire C7/2.3.2 Vc
This is relevant for my familymembers because:
(explain)
There is a large-scale humanitarian crisis in Afghanistan. Tens of thousands of people have fled the escalating violence. They urgently need shelter and other emergency assistance. More than half a million people have been displaced in 2021 alone – and the number of people forced to flee continues to rise. These latest acts of violence bring the total number of displaced people to 3.5 million.
See: https://www.unhcr.org/nl/crisis-in-afghanistan/
(explain when your family is also displaced)
Relevant medical problems of my familymembers:
(If your familymembers have medical problems that make life hard please explain here)
I plan to let my familymembers share my home again like we used to do in Afghanistan.
If applicable:
I found myself a job and I have a house (or something like that)
I would also like to point out the recent decision of the Council of State regarding the Article 8 ECHR application from a former Syrian refugee who is now a Dutch citizen with his old mother from Syria. Like Diana, he couldn't go and live with his mother in the mother's country of origin. It was clear that he would take his mother into his household and bear all the expenses for his mother. This is exactly the same with Diana and her mother. The Council of State found this decisive in favour of the Article 8 ECHR consideration.
“11. The court rightly considered that in this case the State Secretary wrongly took the position that he struck a "fair balance" between the interests of those involved and the economic interest of the Netherlands. After all, it is not in dispute that the foreign national lived with them from 2007 until the departure of the son and his family from Syria in 2014 and that the son took care of the foreign national. During that time, the stranger also developed close personal ties with her grandchildren. After his departure from Syria, the son continued to care for the foreigner through the intervention of third parties. For this reason there are also more than usual ties between the stranger and the son. The objective impediment to resuming family life in Syria has persisted all along. From the judgment of the ECtHR of 9 July 2021, M.A. v Denmark, ECLI:CE:ECHR:2021:0709JUD000669718, paragraphs 162 and 193, to which the foreign national pointed out at the hearing, it follows that the objective barrier to family life in the country of origin is gradually becoming more important. to practise. The son is now Dutch. He stated at the hearing that he now pays all costs for the foreign national in Syria and that, upon admission to the Netherlands, he will take on the (informal) care for her, take her into his home, and all costs associated with this. go and become his dependents, can and will pay. The Secretary of State has not disputed this statement. The State Secretary, on the other hand, has stated - and the Department endorses - that even if health insurance is taken out for the foreign national in the Netherlands, the costs of her medical care will still be passed on to Dutch society and that it is a well-known fact that housing, nursing home care and other medical care for the elderly in the Netherlands has been under pressure for some time. In the opinion of the Division, this general fact - in the light of all the circumstances of this case as set out under 1.1 and the responsibility that the Dutch son takes for the (financial) care of the foreign national - does not weigh more heavily than the interests of the foreign national. the stranger to be reunited with her son.”
Council of State
Date of judgment 02-02-2022
Publication date 09-02-2022
Case number 202101545/1/V1
https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RVS:2022:345
If you need more information please let me know so I can provide that for you.
(If you still live in an AZC tell them and ask them to call you first before sending mail so you can give them your current address.
Hoogachtend,
(name, address, phonenumber)
Reacties