Termination of guarantee and COA recovery

Questioner

Dear Lawyers, I have proof of guarantee and/or private lodging for the visit of my mother-in-law on 26-08-2011, it was necessary to obtain the Short Stay Visa, to attend the delivery of my wife. My mother-in-law came to the Netherlands on 15-11-2011 and, against my will, applied for asylum two months later on 10-01-2012 and was recognized as a refugee (temporary residence) on 13-06-2012. I want to terminate my guarantee from the moment my mother-in-law submitted an asylum application to the Aliens Police in Ter Apel, because I believe the visa expires from that date (she is no longer an alien but a refugee). The Central Agency for the Reception of Asylum Seekers (COA) has recovered the costs incurred for the RVA facilities from me, which is approximately EUR 1,587.20. Because they claim that the guarantee is for the next five years and I have to support my mother-in-law during this period. Please can you show me the way, how can I stop the guarantee. And to start the recovery of the COA. Yours sincerely,

Lawyer

Before bringing your mother-in-law to the Netherlands, you provided a guarantee for her stay in the Netherlands. According to the law, all costs incurred within five years of the visa being issued are therefore in principle your responsibility. The fact that your mother-in-law applied for asylum against your will does not alter this. However, if your mother-in-law is granted a permanent residence permit and her current temporary residence permit is converted into a permanent residence permit, the minister may, at your request, set a shorter term than five years. In concrete terms, this means that you cannot currently stop the guarantee and you cannot prevent the COA from recovering the money.