Where there’s a will but no way

Advisory report on the application of the policy on aliens who, through no fault of their own, cannot leave the Netherlands of their own accord.

The ‘no-fault’ policy under which a residence permit may be granted to aliens who, through no fault of their own, cannot leave the Netherlands is regarded by many as problematic. The impression exists that it is virtually impossible to meet the conditions governing the granting of such a permit. It is mainly failed asylum seekers and other aliens residing illegally in the Netherlands who apply under this policy. To be eligible for a ‘no-fault permit’, the alien must have made every effort to leave of his own accord but must have failed in this endeavour. The no-fault permit is a regular permit: asylumrelated grounds can play no role in the no-fault policy.