Section 38. Residence permit on the grounds of strong humanitarian considerations or a particular connection with the realm

A residence permit may be granted even if the other conditions laid down in the Act are not satisfied, provided that strong humanitarian considerations apply or the foreign national has a particular connection with the realm.
To determine whether strong humanitarian considerations apply, an overall assessment of the case shall be undertaken. Weight may be given to, among other things, whether
  1. a.
    the foreign national is an unaccompanied minor who would be left without proper care in the event of return,
  2. b.
    the foreign national needs to stay in the realm due to compelling health circumstances,
  3. c.
    there are social or humanitarian circumstances relating to the return situation that give grounds for granting a residence permit, or
  4. d.
    the foreign national has been a victim of human trafficking.
In cases concerning children, the best interests of the child shall be a fundamental consideration. Children may be granted a residence permit under the first paragraph even if the situation is not so serious that a residence permit would have been granted to an adult.
In the assessment of whether to grant a permit, weight may be given to considerations relating to immigration control, including
  1. a.
    possible consequences for the number of applications based on similar grounds,
  2. b.
    social consequences,
  3. c.
    the need for control, and
  4. d.
    the consideration of respect for the other provisions of the Act.
When there is doubt regarding the identity of the foreign national, when the need is temporary, or when other particular grounds so indicate, it may be decided that
  1. a.
    the permit shall not provide a basis for a permanent residence permit,
  2. b.
    the permit shall not provide a basis for residence permits under chapter 6 of the Act for the foreign national’s family members,
  3. c.
    the permit may not be renewed, or
  4. d.
    the validity period of the permit shall be shorter than one year.
The King may issue regulations containing further provisions.