Ministerie van Justitie, Immigratie- en Naturalisatiedienst

In various media, attention has recently been given to the so-called B9 scheme for victims of human trafficking. What exactly does this scheme entail?

B9 scheme
Upon the slightest indication that a case of human trafficking is involved, the police is required to inform the foreign national of the possibility of filing a report or cooperating in any other way in a criminal investigation into human trafficking. Presumed victims of human trafficking are afforded a period of at most three months, during which period they can take their time – without being disturbed – to make a decision as to whether they wish to file a report or cooperate in any other way in a criminal investigation into human trafficking.

If a victim of human traffic decides to file a report or cooperate in any other way in a criminal investigation or prosecution investigation into human trafficking, the victim will qualify for a residence permit. The police will inform the IND of the report or cooperation in the investigation. The IND designates this report, ex officio, as an application for a residence permit. The IND will decide favourably on the application unless there are contra-indications, such as public order aspects. The victim will remain entitled to a (temporary) residence permit for the duration of the criminal investigation.

A victim who was in the possession of a B9 residence permit will qualify for a residence permit for continued residence in the following cases:

• if the victim's report or cooperation has led to criminal-law conviction;

• if the criminal case has not (yet) led to a conviction, but the person concerned has been in the possession of a residence pursuant to the B9 scheme for at least three years;

• in other cases, if the foreign national cannot reasonably be required to leave the Netherlands due to the foreign national's special individual circumstances. In these cases other factors, such as the risk of reprisals against the person concerned or his or her family, and the possibilities of social reintegration in the country of origin, can play a role in this process.

In 2008, well over 200 residence permits were granted persuant to the B9 scheme.