Integration law for immigrants to the Netherlands

The Law on integration (Dutch: Wet inburgering) 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. Since first appearing in draft form as part of a proposal in the House of Representatives, the exam has proven to be highly controversial. It continues to be both a subject of controversy, and even ridicule, in the Netherlands.^[1][2]

According to a separate law, known in Dutch as the 'Wet inburgering in het buitenland, certain classes of prospective immigrants must also pass a test involving basic knowledge of Dutch and Dutch society even before they first enter the Netherlands.

Introduction

Instruments promoting integration did exist before 2007. Between 1998 and 2007, new immigrants were obligated to follow an integration course that contained implemented standards on a national level. The courses were financed by the government and organized by local municipalities. There was, however, no compulsory test. Immigrants were only fined if they did not take the course without a valid reason. This requirement was introduced after a significant update in 2013. This change also made immigrants and long term residents personally responsible for the payment of both the course and compulsory test. The total costs amount to 5000 Euros.

The Law on Integration, drafted by Rita Verdonk, was passed by the House of Representatives (Tweede Kamer) on 7 July 2006 and the Senate (Eerste Kamer) on November 28, 2006 and was into effect on January 1, 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 pass an exam measuring their level of integration. The current exam, which became standard in 2013, consists of five parts.^[3] Four measure Dutch language skills and include components that test an immigrants' speaking, listening, writing and reading abilities. The fifth tests their knowledge of Dutch society.

The obligation to take the test applies not only to new immigrants, but also to some who have lived in the Netherlands for five years or longer.^[4] Even people who have met their obligations and obtained their certificates of integration before 2007 are forced again to take the test. Since it is difficult to meet this requirement, ill or elderly people are often fail the test several times before receiving an exemption.

Prior to traveling to the Netherlands

A similar obligation exists for some foreigners wishing to come to the Netherlands, especially people wanting to marry a resident or citizen. These rules can be found in another law titled the "Wet inburgering in het buitenland" ("Integration law for Immigrants to the Netherlands Abroad"). The exam is requirement to receive a temporary long stay residence permit (Dutch: MVV) and is usually taken at a Dutch embassies.

Failure to meet the obligations

Since the obligation was introduced for people entering after January 1, 2007, the law had no consequences for people failing to fulfill their obligations until July 1, 2010.

Local city councils are responsible for making sure that those obliged to take the exam do so. Failure to pass the test within the allotted time can result in financial penalties. The specifics depend on the resident's place of residence and can total anywhere from several hundred to over a thousand Euros. However, residents can request additional time to prepare for the exam if their reasons for not adhering to their obligation is deemed sufficient. Contrary to popular belief, a resident cannot be denied residency because they haven't passed the exam.

Exceptions

The law does not apply to:

• Dutch nationals (but see below for earlier drafts of the law)
• people from EU countries, EEA countries, Switzerland and Turkey and their husbands /spouses who are non EU nationals.
• minors (under the age of 18)
• people over the age of 65
• people who spent 8 or more years in the Netherlands while minors are subject to compulsory education
• people who have school diplomas, certificates etc. of Dutch-language education, for example people educated in Suriname;
• people who are sent by their companies to work in the Netherlands (expats);
• 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.^[5][6][7]

Implementation and cost

Dutch municipalities are responsible for the implementation of the law.^[8]

As of June 2011, the courses, which can cost several thousand euros, may be subsidized by the government in certain circumstances.^[9] However, beginning in 2013, these resources became increasingly limited.

Controversy

• It is claimed that the Netherlands is the only country in the world that imposes integration and language requirements on persons still living abroad.

• Many news organizations, both in the Netherlands and elsewhere, have criticized the exam and noted that it only further supports negative, xenophobic attitudes towards immigrants in the country.

• The test's “Kennis van de Nederlandse Samenleving” (Knowledge of Dutch Society) section, which tests an immigrant's knowledge of Dutch society, has been widely criticized for its bizarre, patronizing and even inane questions. One example includes "what would you do if you saw two men kissing on the street?" Several Dutch news organizations have aired segments or run stories where they ask lifetime Dutch residents to take this section of the exam themselves. Most fail it, further proving its inability to properly represent Dutch society.

• This law originally proposed obligations for Dutch nationals from (Aruba and the Netherlands Antilles) 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 wasn't possible to identify people from the Dutch Caribbean as such, 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 State (Raad van State), declared it unconstitutional. 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 Plans)

• Despite widespread controversy, only one member of the House of Representatives, Fatma Koşer Kaya (D66), voted against it. In the Senate, four smaller political parties opposed it, totalling 13 out of 75 Senators.^[10]

References

External links

• Civic integration examination abroad introduced website of the Immigratie en Naturalisatiedienst
• newspaper article Dutch language in Trouw
• The Netherlands: Discrimination in the Name of Integration article dated May 13, 2008 by Human Rights Watch
• Pass this test, Dutch tell immigrants From The Sunday Times June 18, 2006, by Nicola Smith
• http://www.spiegel.de/international/0,1518,397021,00.html der Spiegel English version
• https://www.nd.nl/nieuws/opinie/soms-kan-geeiste-inburgering-echt-niet.436728.lynkx Dutch article dated September 2014 about the xenophobic unjust and racist effects of this legislation, based upon the experience of a long term Indonesian resident.