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ZH Residence permit medical treatment
You may not be allowed to stay lower in the Netherlands, but you cannot leave the Netherlands because of medical treatment. In certain situations, you may be granted residency on medical grounds.
Condition medical procedure
- You are unable to travel because of your health condition or the health condition of and of your family members.
- If stopping medical treatment results in a medical emergency
- If medical treatment cannot take place in your country of origin.
Assessment IND
Office of Medical Advising
The Bureau of Medical Advice (BMA) plays an important role in assessing requests for postponement of departure submitted to the Immigration and Naturalization Service (IND). The IND has special staff who handle these requests. Postponement of departure is granted in certain situations, namely:
- Tuberculosis: If the person has been diagnosed with tuberculosis.
- Admission to a medical facility: When a person is admitted to a medical facility and cannot yet leave.
- Women in childbirth: if women are likely to give birth within six weeks or are in their postpartum period.
To qualify for postponement of departure, specific conditions must be met, and the BMA's advice plays a central role in this. The IND grants deferral when the BMA opinion shows that necessary medical care is not available in the country of origin and that an emergency situation may soon arise that could result in death, disability or physical harm.
If there are sufficient possibilities for medical treatment in the country of origin, the request for postponement will be denied. In addition, the BMA may recommend that the travel take place under certain conditions to ensure the health and safety of the person concerned. In some cases, the BMA may also recommend that the foreign national be transferred to a doctor or specialist for further medical care after arrival.
The BMA plays a critical role in ensuring the health and well-being of individuals who seek deferred departure on medical grounds. The process is careful and based on medical assessments to ensure that the right decisions are made in these sensitive matters."
Attorney residence permit medical grounds
A grievance procedure regarding your attorney for residency on medical grounds consists of several steps. We would like to clearly explain the process to you:
- Complaint: you can only submit your complaint in writing to the court. They will register your complaint and send a copy to the attorney general.
- Assessment of the complaint: the Complaint Chamber will determine whether it is necessary for you to provide further explanations at a hearing. This may depend on the nature of your complaint.
- Call for session: if the Complaints Chamber decides a hearing is necessary, you will receive a call to attend.
- Seat: during the hearing, the complaint chamber will discuss your complaint and ask any questions to gain a better understanding of your case.
- Decision: after the hearing, the attachment chamber will make a decision which can be positive or negative . They aim to do this within 6 weeks of the hearing.
- No appeal possible: it is important to know that there is no possibility to appeal after the decision of the attachment court. Their decision is final.
Complaint procedure lawyer
Are you currently ill or undergoing medical treatment but facing the challenge of leaving the Netherlands? We understand that this can be a difficult situation and would like to advise you to contact our law firm immediately.
Our experienced attorneys are well versed in the laws related to immigration and medical issues. They are here to support you in the process of extending your stay in the Netherlands, even if you currently need medical care.
Contact us today so we can go over the situation with you.