If you fear persecution in your home country for being LGBTIQ+, you can apply for asylum in the Netherlands. You can also apply for asylum if you are persecuted because people think you are LGBTIQ+, even if you are not. If asylum is granted, you will have the right to live and work in the Netherlands.
The asylum procedure can sometimes be a difficult and take a long time. The immigration authorities (IND) will review your asylum application and decide whether it is likely that you are at risk of persecution, violence or inhumane treatment. If you want to apply for asylum in the Netherlands because you have a well-founded fear of persecution related to your sexual orientation, gender or gender identity, it is important to tell these agencies that this is the reason for you application.
During the asylum procedure, you must prove it is likely that you are an LGBTIQ+, which can be difficult. You also need to show that it is likely that if return to your home country, you face real danger because of your sexual orientation or gender identity, and that your own government cannot protect you. The Dutch government will investigate these issues and will also consider your credibility – whether you are telling the truth about yourself and your experiences.
You should tell your lawyer and the IND as soon as possible that you fear persecution in your home country because you are LGBTIQ+. It can be difficult to talk to a stranger about your sexuality, gender, experiences, or feelings, but remember that they are there to help you.
Discrimination is prohibited
It is safe to share your sexual orientation or gender identity during the asylum procedure. Discrimination is prohibited by law in the Netherlands. Your lawyer and IND staff are not allowed to discriminate against you for being LGBTIQ+.