The I-CLAIM project examines migrant irregularity in Europe, using the concept of ‘irregularity assemblage" to analyse interconnected factors shaping irregular conditions. This report focuses on Dutch policies, aiming to understand their implementation and impact on the production of migrant irregularity in the Netherlands. In the Netherlands, the most frequently used definition of an irregular migrant is ‘a person without a valid residence permit’, often referred to as ‘undocumented’ (‘ongedocumenteerd'). This group includes rejected asylum-seekers, migrants who came (irregularly) to work (irregularly) or people who have reunited with their families irregularly. Support organisations primarily focus on rejected asylum-seekers. Estimates suggest that there are between 23,000 and 58,000 irregular migrants in the country, with the numbers declining over the past 25 years due to policy changes and EU enlargements.

Over the past 25 years, Dutch policies have increasingly aimed to control migration flows, resulting in restrictive attitudes towards irregular migrants. The Koppelingswet (‘Linking Act') of 1998 linked access to welfare services with legal status, thus excluding irregular migrants from essential services. The exclusion under the Koppelingswet affects not just irregular migrants but also mixed-status families and/or households. Despite some exceptions, irregular migrants have, since then, largely been excluded from social policies like financial benefits and housing subsidies. Moreover, by banning irregular migrants from the (formal) labour market, working has become increasingly difficult. The Koppelingswet exemplifies the shift towards internal control, excluding irregular migrants from the Dutch welfare state.

In the Netherlands, municipalities play a key role in executing national policies. Balancing national policy with local responsibilities, they often adopt a less-restrictive approach and can find ways to provide assistance despite national restrictions. Conflicting policies between national and local governments regarding shelter provision illustrate these challenges. A pilot project, the National Facility for Aliens (LVV: Landelijke Vreemdelingenvoorziening), aims to provide a sustainable solution for irregular migrants, involving collaboration between national and local governments, NGOs and the migrants themselves. However, tensions arise regarding the emphasis on voluntary return versus regularisation, highlighting the complexities of addressing irregular migration at different governmental levels.

The national policy discourse emphasises the increased exclusion of irregular migrants, yet this exclusion is nuanced in practice. Local governments and civil society often step in to provide support, challenging the straightforward narrative of exclusion. Table 1 gives an overview of the policy areas discussed:

Table 1: overview of policy areas addressing irregular migrants in the Netherlands

Routes in and out of irregularity

There are various routes leading to irregularity in the Netherlands. The most prominent group consists of asylum-seekers whose asylum requests have been denied. Other routes include being born to irregular parents, entering the country irregularly, not fulfilling the criteria for regularisation or losing one’s legal status after obtaining it. A loss of legal status can occur due to moving abroad, committing a crime or failing to (continue to) fulfil residence-permit requirements. Regularisation options include regularising through (renewed) asylum procedures or applying for regular residence permits based on family, medical grounds or work or for humanitarian reasons. One practical barrier that constrains many irregular migrants from regularising is the MVV requirement for obtaining a regular residence permit, for which applicants need to travel back to their country of origin, which it is not always possible or safe to do.

Irregular migrants and the labour market

While high-skilled migration is supported to a great extent, low-skilled migration, especially from non-EU countries, faces severe restrictions. In the Netherlands, irregular migrants are barred from the formal labour market. In theory, they have rights under labour law; however, most irregular migrants in the Netherlands are not aware of their rights. Irregular migrants often rely on subcontractors and work in informally organised sectors like domestic work, agriculture and delivery, where it is unclear to whom abuse should be reported. Although the Netherlands has a relatively small informal economy, the number of fines for illegal work is relatively high, indicating high levels of control.

The I-CLAIM project focuses on irregular migrants in the domestic work and delivery work sectors. For the domestic work sector, Dutch regulation differs from the ILO treaty, providing fewer rights to workers in order to encourage hiring. Although irregular migrants are not explicitly addressed, they often work in this sector, risking exploitation due to their status.