Since 12 June 2026, new rules for asylum and migration apply across the entire European Union. Together these rules are called the EU Pact on Migration and Asylum. The Netherlands now also works according to this pact. Are you thinking about coming to the Netherlands to apply for asylum, or have you just arrived? Then it is important to know what has changed. In this article we explain it as simply as possible.
Please note: This is general information, not personal legal advice. Every situation is different. Always get personal advice from a lawyer before making important decisions. You also have the right to information and to an interpreter in a language you understand.
What is the EU Pact?
The pact is a package of new European laws. Most of them apply directly in all EU countries, without a country first having to make its own legislation. The aim of the pact is: faster procedures, stricter control at the borders, and sharing responsibility between the EU countries.
The new asylum procedure applies to applications you submit from 12 June 2026 onwards. Applications made before that date usually still fall under the old rules.
Step 1: Screening at the border
When you arrive in the Netherlands and want to apply for asylum, it starts with a screening. That is a first check. The authorities look at your identity, your health, whether you are vulnerable (for example because of illness or because you are a child travelling alone), and whether there is a security risk. Your fingerprints and other biometric data are registered.
The screening lasts a maximum of 7 days if you arrive at the external border, and a maximum of 3 days if you are already inside the country. During the screening at the external border you are considered “not yet admitted” and you can be held in a closed location. You receive information about the procedure and about your rights.
The screening itself is not a decision, so you cannot lodge a separate appeal against it. After the screening you are referred to the right asylum procedure.
Step 2: Your asylum application in four steps
An asylum application goes through these key moments:
- Making the request – you indicate that you want to apply for asylum. There is no special form for this.
- Registration – within 5 days after you have expressed your wish. From registration you have the right to legal assistance.
- Lodging – within 21 days of registration (extension possible). In the border procedure this must be faster: within 5 days.
Which procedure do you get?
Not everyone gets the same procedure. Which one you get depends on your situation. These are the most important ones:
The border procedure (maximum 12 weeks)
This is a fast procedure at the border, including the court ruling. During this procedure you can be detained (border detention). From 12 June 2026 the border procedure can be applied at all locations in the Netherlands.
The border procedure is mandatory for, among others:
- people from countries where, on average, fewer than 20% of applications are granted;
- people who mislead the authorities with false documents;
- people who are considered a danger to public order.
Exceptions apply for unaccompanied minors and people with special needs.
The accelerated procedure (3 months)
This applies, for example, to people from a “safe country of origin”, to clearly unfounded applications, or to contradictory statements. In these cases your application can be rejected as “manifestly unfounded”.
The regular procedure (6 months)
For all other applications. In certain cases this can be extended.
The Dublin procedure
Here it is first examined which EU country is responsible for your application (see further below).
Important: the list of “safe countries of origin”
The EU now has a common list of countries considered safe. Since 12 June 2026 this list includes: Bangladesh, Colombia, Egypt, India, Kosovo, Morocco and Tunisia. Countries that are candidates to join the EU are also considered safe in principle, except, for example, where there is an armed conflict, or where more than 20% of applicants from that country do receive protection.
Do you come from a country on this list? Then your application usually goes into the accelerated or border procedure and can be rejected as “manifestly unfounded”. You are allowed to try to prove that it is not safe for you personally. Keep in mind that this is difficult: you have to prove it, and in a fast procedure you have little time and limited access to a lawyer.
The “20% rule”
If, on average, fewer than 20% of applicants from your country receive protection (according to Eurostat figures), your application can end up in the fast track. This rule applies from 27 February 2026. Here too you may provide counter-evidence, for example if your situation differs from the average.
Safe third country
If you travelled through another country that is considered a “safe third country”, or there is an agreement with such a country, your application can be declared “inadmissible”. That means the Netherlands does not examine your application on its merits.
Reception: what do you get during the procedure?
During your procedure you are entitled to basic facilities: accommodation, food, personal care and a daily allowance (this must also include an amount of money). Furthermore:
- Children under 18 are entitled to education within 2 months.
- Access to the labour market is possible after 6 months (the Netherlands wants to shorten this to 3 months).
- Access to language and vocational courses.
Note: reception can be limited or withdrawn if you do not follow the rules, for example if you abscond, leave the assigned area, do not cooperate, or hide money. New is that you can be assigned to a particular geographic area. You can appeal these decisions to the court.
Which country handles your application? (Dublin / AMMR)
In principle, the first EU country where you are registered is responsible for your application. If you have already applied for asylum in another EU country, the Netherlands can transfer you there. A transfer is not allowed if you would run a real risk of inhuman or degrading treatment in that country.
Certain time limits apply, and under the new rules the possibilities to extend those limits have become broader. It is therefore important to seek legal help on this early.
Detention at the border (border detention)
Detention at the border is allowed, but it must not be automatic. There must always be an individual assessment and a consideration of whether a lighter measure is possible. Detention must be as short as possible: as a rule no longer than 6 months, with an extension of another 6 months in complex cases.
For children and families, in principle they may only be detained in exceptional situations and in the best interests of the child. This is a topic on which there is currently a lot of legal debate.
Legal help
Since 12 June 2026 the help is organised differently. In the application phase the IND (the Dutch immigration service) provides “legal counselling”, and an asylum lawyer helps you to prepare and review your interview and with corrections. In the appeal phase you are assisted by a lawyer. From registration you have the right to legal assistance. Make use of this: good preparation of your interview is very important.
Appeal against a rejection
If you receive a negative decision, you can appeal to the court. The deadlines are short, especially in the accelerated and border procedure (in the Netherlands often only 1 week). In many cases you may await the appeal in the Netherlands, but in the accelerated procedure, the border procedure and for inadmissible applications this is not automatic. Then you must separately request an “interim measure”, usually within 5 days. Do not wait with this.
Family reunification has become harder
The Netherlands now has a two-status system. For people with “subsidiary protection” (a form of protection for those who do not receive refugee status but are still at risk) the conditions for family reunification have become stricter:
- a waiting period of 2 years after the permit has been granted;
- an income requirement (you must earn enough independently and durably);
- a housing requirement.
In conclusion
Since 12 June 2026 the asylum system in the Netherlands and the EU has become faster and, at the border, stricter on many points. Especially the fast procedures, the list of safe countries and the possibility of detention at the border can have major consequences for your situation.
The most important advice: make sure you are well informed and engage a lawyer as early as possible. The deadlines are short and good preparation makes a big difference.
Do you have questions about your situation? Hodak is happy to help you. Feel free to contact us.
This article is intended as general information and is based on the rules as they applied in June 2026. Laws and lists can change. No rights can be derived from this article. For advice about your personal situation, please contact a lawyer.
