Consequences of participating in a demonstration for residence permits of international students and staff

The right to protest is a fundamental right. Students and staff of research universities and universities of applied
sciences also have this right on the premises of educational institutions, regardless of their residence status.2
Recently, Stichting PILP (“PILP”) has received many questions from students and staff about whether
participating in demonstrations at educational institutions can affect the residence permits of international
students and staff at these institutions. In almost all cases, participating in a demonstration will not negatively
affect the registration, employment contract, or residence status of demonstrators, but there are situations
conceivable in which there could be consequences. These consequences could involve deregistration, dismissal,
and/or the loss of a residence permit/residence right.

This analysis focuses on the residence permits of international students and staff from countries outside the
European Union (“EU”). EU citizens have the right to reside in the Netherlands based on Union citizenship. That
right may be revoked for reasons of public order, public safety, and public health.3
Furthermore, EU citizens must

meet various conditions to stay in the Netherlands for longer than three months.4 A further discussion of these
conditions falls outside the scope of this analysis. Thus, ‘international students and staff’ in this analysis refers to
citizens of countries outside the EU.

In this analysis, PILP explores two of the most far-reaching possible consequences of participating in a
demonstration for the residence permits of international students and staff. First, this analysis discusses
deregistration and dismissal by the educational institution and the effect this may have on residence permits of
students and staff, respectively. Next, it discusses the consequences of a criminal conviction for residence
permits of international students and staff.

 

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