An important court decison for students whose residence permit for study has been revoked due to deregistration by the university at the IND based on insufficient study progress. The standard revocation or nonrenewal of this residence permit based on deregistration and not having a sponsor anymore, is, according to this decision, not possible anymore.

The court ruled that the IND must weigh up interests when this student is deregistered and must include the fact that the student has continued the study despite the deregistration at the IND and has achieved sufficient study progress at a later date. The IND is then obliged to assess whether the revocation of the residence permit is proportionate.

Deregistration at the IND and not having a sponsor anymore is insufficient for the revocation of the residence permit. This is also logical, because the EU Study Directive, in which the grounds for revocation (and granting) of this residence permit are laid down, only stipulates that the residence permit can be revoked in the event of insufficient study progress. This EU directive does not state anything about mandatory sponsors, (de)registration at the IND and revocation if this is not met. Therefore, if at a later time – at the moment of IND’s decision on the (objection to the) withdrawal of the residence permit – sufficient study progress is achieved, the IND will have to take this progress into account.

For more information about withdrawals of residence permits and what to do about it, please contact Scheers Advocatuur.