Vreemdelingenrecht.com - het weblog

For family visits in the event of illness, death or childbirth You have compelling reasons to visit your family. This really concerns travel in exceptional cases such as: - You are visiting a seriously ill (effective 15 May) or terminally ill family member or attending a funeral. You are a first or second degree family member. Fill in the sickness visit statement. - You come to the Netherlands for the delivery of your legal partner. If you are not officially married, you have recognized the unborn child as a partner. You must also prove that your partner is pregnant for more than 34 weeks. - Grandparents can travel to the Netherlands to visit their newborn grandchild. Fill in the birth certificate (effective 15 May). - You are a divorced parent from a third country who want to visit your child. Complete the statement of divorced parent (effective from 15 May).  More info: https://www.rijksoverheid.nl/onderwerpen/coronavirus-covid-19/reizen-en-vakantie...

Dit gaat over hoe verdragen "samen werken". Ook voor de regulier vreemdelingenrecht juristen een boeiend artikel. Jason Pobjoy explains in The Child in International Refugee Law (CUP 2017) how the rule set out in Article 31 of the Vienna Convention on the Law of Treaties (VCLT), the ‘ general rule of interpretation ’, in his words, ‘ comprises a single holistic “rule” of interpretation ’, and that the adoption, by the International Law Commission (ILC), ‘ of a “single, closely integrated rule”’ underscores the need to look beyond a literal construction of the text and to consider the terms of the treaty in light of their object and purposes, in their context and taking into account subsequent extrinsic sources (p 34). He goes on to explain that this ‘ rejection of strict literalism has found favour in domestic refugee jurisprudence ’ and then sets out how Articles 31–33 mandate a ‘ systemic approach ’ to the interpretation and application of the Refugee Conven...

You are an expat and living in The Netherlands? Have you settled? Can you adjust to Dutch culture and way of living? Do you live here with your family? Does everyone respond to his or her new environment in the same way? If you came here as a single, chances are you meet your significant other or already have, and want to make the next step. Move in together, or get married! And what happens when you have a child? Are you aware of the legal consequences these steps bring about, or when you break up? What happens then? All complicated matters and even more when you live abroad. As family lawyers we often get introduced with people, young families, when trouble starts. However, we would like to raise awareness of parts of Dutch family law upfront, and prevent troubles afterwards. For example, what are the legal consequences of: • buying a house • having a child • getting married • breaking up or divorce And what if you can’t settle in The Netherlands? Or if there is tension between...

European Court of Justice: 'Zambrano' carer for a child cannot be expelled solely for criminal record 13 September 2016 EIN The Court of Justice of the European Union has ruled in two judgments today that a non-EU citizen who has the sole care of a child who is an EU citizen cannot be expelled from a Member State, or automatically refused a residence permit, on the sole ground of a criminal record if the expulsion, or refusal, obliges the child to leave the territory of the EU. EIN members can read the judgment in Secretary of State for the Home Department v CS (Case C-304/14) here and the judgment in Marin v Administracion del Estado (Case C-165/14) here . CS is the mother and sole carer of a British child. According to the Guardian , while the European Court of Justice advised that CS should not be automatically deported from Britain simply because of her criminal record, it also said that it should be left to British judges to decide if the deportation...

Children seeking asylum in the UK alone are confronted with a “culture of disbelief and suspicion” which leaves them frightened and confused, a report claimed today. The needs of children fleeing war, violence and human rights abuses are not being sufficiently met by the authorities, according the Children's Society report. The UK Border Agency (UKBA) is failing to make sure that children understand their situation in the asylum process, the report said. The children's charity said the absence of child-friendly information, a wide-spread culture of disbelief and disputes over young people's age are causing confusion and a sense of insecurity. This means children who are already traumatised are made more anxious, which could lead to long-term consequences for their well-being, the charity claimed. The report also highlighted the lack of systems for UKBA to measure the effect of the asylum system on children's wellbeing. Researchers who conducted the Into The ...