My son was granted a RP under the DAFT agreement. His renewal was denied. He proved that he made more than the minimum income for the year but apparently what he sent as proof was not sufficient. They told him to leave the country in 28 days. I don't understand why he was granted the original RP and after earning enough money and owing taxes to NL they would actually tell him to leave!
I want to start a conversation for others. Has anyone else experienced this situation and what did you do?
How long does the appeal process take?
seeseaismeNL said:
My son was granted a RP under the DAFT agreement. His renewal was denied. He proved that he made more than the minimum income for the year but apparently what he sent as proof was not sufficient. They told him to leave the country in 28 days. I don't understand why he was granted the original RP and after earning enough money and owing taxes to NL they would actually tell him to leave!
I want to start a conversation for others. Has anyone else experienced this situation and what did you do?
How long does the appeal process take?
I am not here on the DAFT but I know the IND has tight rules for residency .. in general.
The fact that he was granted the DAFT the first time - paid taxes .. but was not granted it the second time ... does not mean anything.
(You must be American because I am American and we are always thinking that as long as you remain legal and 'pay your taxes' that X goverenment owes you something. Hee hee! Nooo that does not mean anything in The NL. Wrong expectation.)
I moved here in 2000 and back then I had to have my Residence Permit renewed every year until I was able to gain permanent residency in 5 years. And if at any time I did not fulfiill the residency requirements, they could have denied my Residence Permit renewal and I would have been asked to leave as well. That is the system.
That's why it behoeves your son to know exactly what he needed to provide in order to renewal his residency and then ... provide it.
I am sure your son can appeal the decision by hiring a lawyer - but such a situation is quite time-sensitive so I would have your son hire an Immigration lawyer .. immediately .. if not sooner.
This will buy him some time .. because while he is in the appeals process - they cannot ask him to leave the country.
So sorry...
seeseaismeNL said:
My son was granted a RP under the DAFT agreement. His renewal was denied. He proved that he made more than the minimum income for the year but apparently what he sent as proof was not sufficient. They told him to leave the country in 28 days. I don't understand why he was granted the original RP and after earning enough money and owing taxes to NL they would actually tell him to leave!
I want to start a conversation for others. Has anyone else experienced this situation and what did you do?
They are telling him to leave because he didn't meet at least one of the conditions for extending his permit after the first year. If his DAFT renewal permit was denied, that means that the IND previously sent him a letter explaining exactly what was missing from his renewal application. They never got it so they refused to issue a new permit.
Your son has to submit the missing info before the 28 days are up. If he can correct the deficiency, then he can stay. Otherwise it's likely the Aliens Police will visit him soon to make sure he is arranging his departure. He can contact us for more help.
Christian Barth, Attorney
