Ad Hoc Query on granting a residence permit on the basis of a child protection order
In the Netherlands, there is a special policy applicable to third-country national children based on a family supervision order (child protection order) that is imposed by the juvenile court. The Dutch authorities launched this query because they want to know whether it is possible for a minor third-country national who is covered by a similar order to receive a residence permit in other Member States.
Background:
In the Netherlands, the family supervision order (Ondertoezichtstelling) can be issued by the juvenile court if a child's development is jeopardised and voluntary help is no longer available or not sufficient, or if parents reject assistance.
The family supervision order allows third-country national children to be eligible for a residence permit in the Netherlands (i.e. a regular permit on temporary humanitarian grounds) if they do not already have a right of residence on another ground (for example asylum, family reunification).
The Immigration and Naturalisation Service (Immigratie-en Naturalisatiedienst - IND) of the Netherlands launched this query, because it wanted to know if in other Member States the legal framework provides something similar to the family supervision order, or a similar child protection order, whether it is possible for a minor third-country national who is covered by the order to receive a residence permit, and if so what the conditions are for this permit.
Respondents:
No less than 21 Member States replied to the ad hoc query: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia and Slovenia.
Findings:
Among other findings:
- In about half of the responding Member States the legal framework provides for a similar protection order as in the Netherlands.
- In Belgium, there is no specific residence procedure linking a child protection order to the issuance of a residence permit. The Belgian Immigration Office is not bound by a placement measure by a juvenile court.
- In Germany, when the reception conditions in the country of return are found to be not suitable, the legal residential status is determined in a case-by-case assessment with special attention to Art. 5 of Directive 2008/115/EC (non-refoulement, best interest of the child, family and state of health).
For further information, please read the compilation of answers above.