|
Netherlands |
2020 |
Legislative |
|
Content of protection |
The Alien Circular 2000 now explicitly states that the IND has to always include in the decision on family reunification all indicative statements and documents, and in some cases, further examination may be initiated. When a contradiction leads to no further investigation, this has to be motivated. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Content of protection |
Further clarifications were provided for the assessment of family reunification for beneficiaries of international protection. For example, the fact that the family members were not named during the asylum procedure is not in itself a ground to reject family reunification, but it can be taken into account when assessing the actual family link. For foster children, the biological parents' identity and the foster parent's family link to the biological parents always need to be clarified. When the biological parents are still present, the link between a foster child and foster parents can only be recognised for family reunification under very exceptional circumstances. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Return of former applicants |
The time limit for announcing the exact date of the forced removal is shortened from 48 hours to 36 hours (Article A3/6). The announcement can be omitted if there is a risk that the prior announcement would endanger the safety or health of the person or the family members. If the departure cannot take place, a new option is sought, and if the removal can take place within 2 days from the original date, a new prior notice is not necessary. |
EASO Asylum Report 2021 |
|
Netherlands |
2020 |
Legislative |
|
Return of former applicants |
The Aliens Circular was amended and clarified that when a child is born after a parent has received a return decision, even though the child is subject to an independent return decision, the period of voluntary return is aligned to the parents' decision and expires at the same time. |
EASO Asylum Report 2021 |
|
Norway |
2020 |
Legislative |
|
Processing asylum applications at first instance |
The UDI introduced a new case management flow by which 70% of applicants receive a decision within 21 days of lodging an application, assisted by the Qlik Sense tool. |
EASO Asylum Report 2021 |
|
Norway |
2020 |
Legislative |
|
Content of protection |
Persons granted protection in Norway may obtain a long-term residence permit after 5 years, instead of the previous 3 years, following legislative amendments that entered into force in December 2020. The language knowledge requirement for naturalisation was increased from A2 to B1 level. |
EASO Asylum Report 2021 |
|
Norway |
2020 |
Legislative |
|
Content of protection |
The new Integration Act was adopted in Norway and entered into force in January 2021. |
EASO Asylum Report 2021 |
|
Norway |
2020 |
Legislative |
|
Content of protection |
The Norwegian government passed a law which provides the possibility to increase the length of introduction programmes and training by 6 months due to the pandemic. |
EASO Asylum Report 2021 |
|
Norway |
2020 |
Legislative |
|
Content of protection |
The Norwegian parliament passed a bill amending the Social Services Act, which requires third-country nationals older than 30 years with insufficient Norwegian knowledge to participate in language training as a condition to receive financial support. |
EASO Asylum Report 2021 |
|
Norway |
2020 |
Legislative |
|
Persons with special needs in the asylum procedure |
According to the amended Immigration Regulations, the UDI and UNE are given access to obtain necessary information from the child welfare service for the purpose of case processing. |
EASO Asylum Report 2021 |
|
Poland |
2020 |
Legislative |
|
Content of protection |
Humanitarian visa holders are permitted to work without a work permit since 1 December 2020. |
EASO Asylum Report 2021 |
|
Poland |
2020 |
Legislative |
|
Content of protection |
A draft amendment was submitted to the Social Assistance Act, which aims to grant the right to individual integration programmes for beneficiaries of international protection married to Polish citizens (amendment accepted on 15 April 2021). |
EASO Asylum Report 2021 |
|
Portugal |
2020 |
Legislative |
|
Content of protection |
A provisional regularisation process was launched in Portugal, settling the situation of around 365,000 foreigners, including asylum applicants. |
EASO Asylum Report 2021 |
|
Slovenia |
2020 |
Legislative |
|
Processing asylum applications at first instance |
A proposal was put forward and adopted in 2021 to amend the International Protection Act. Among a set of comprehensive changes, for example, sanctions would apply when an applicant does not comply with the duties or obstructs the implementation of the asylum procedure. The amendment also widens the grounds on which an asylum application can be rejected as manifestly unfounded. |
EASO Asylum Report 2021 |
|
Spain |
2020 |
Legislative |
|
Persons with special needs in the asylum procedure |
In 2020, the Secretary of State for Migration introduced changes granting access to work permits for unaccompanied children aged older than 16 years. In addition, the government announced a reform allowing permission to stay based on their integration path rather than on their participation in the labour market. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Legislative |
|
Access to procedure |
National authorities were enabled to take a foreigner's photo and fingerprints at entry, exit or during internal checks for the Schengen Information System, if the person's identity cannot be identified in another manner. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Legislative |
|
Access to procedure |
The Swedish Migration Agency, the police and Swedish diplomatic missions abroad were also given the right to process sensitive data, as described by the Aliens Data Act, and to test and develop existing IT systems for managing the personal data of third-country nationals, for example to participate in international cooperation. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Legislative |
|
Special procedures to process asylum applications |
The Swedish Parliament adopted the government's proposal from December 2020 to incorporate the rules on safe countries of origin in the Aliens Act. The new rules allow the Swedish Migration Agency to consider an application manifestly unfounded if the applicant comes from a country included in the list. The amendments enter into force on 1 May 2021. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Legislative |
|
Special procedures to process asylum applications |
The Swedish Migration Agency proposed 8 countries to be considered safe countries of origin: Albania, Bosnia and Herzegovina, Chile, Kosovo, Mongolia, Northern Macedonia, Serbia and USA. The new list is foreseen to enter into force on 1 May 2021. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Legislative |
|
Reception of applicants for international protection |
The so-called EBO rules entered into force on 1 July 2020. According to these rules, applicants are no longer entitled to a daily allowance if they choose to reside in specific areas with high rates of immigrants and socio-economic challenges (32 municipalities listed in 2020, revised to 23 municipalities as of 1 January 2021). |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Legislative |
|
Reception of applicants for international protection |
A new governmental project is planned to be implemented in Sweden in 2021, obliging applicants to attend a one-day information session about the host society. |
EASO Asylum Report 2021 |
|
Sweden |
2020 |
Legislative |
|
Persons with special needs in the asylum procedure |
Changes to the national legislation introduce a departure ban for children who are at risk of being taken abroad for marriage or female genital mutilation. |
EASO Asylum Report 2021 |
|
Switzerland |
2020 |
Legislative |
|
Access to procedure |
A draft amendment to the Asylum Act would allow the State Secretariat for Migration to access and analyse data from applicants' mobile phones, in order to verify their identity, with full respect of the principle of necessity and proportionality, and in compliance with the right to respect for private and family life. |
EASO Asylum Report 2021 |
|
Switzerland |
2020 |
Legislative |
|
Reception of applicants for international protection |
An amendment to the Asylum Act entered into force, which describes the modalities and limits of video surveillance in federal reception centres. |
EASO Asylum Report 2021 |
|
Switzerland |
2020 |
Legislative |
|
Reception of applicants for international protection |
An amendment to Ordinance 1 on asylum settles the implementation rules for video surveillance in federal reception centres. |
EASO Asylum Report 2021 |