IND Is not making a decision on time. What can I do?

Waiting for a decision from the IND can be stressful. Many applicants are unable to work, travel, reunite with family members, or properly plan their future while their immigration application is still pending.

In practice, it happens quite often that the IND fails to decide within the legal decision period. This may happen in different types of applications, including family reunification, verification against EU law (EU toetsing), highly skilled migrant applications, self-employment applications, permanent residence, long-term EU residence and objection procedures (bezwaar).

If the IND is late, you do not have to wait endlessly. Dutch law gives applicants a procedure to push the IND to make a decision.

Why is the IND late?

The IND may be late for different reasons. Some common reasons include:

• a high number of applications;

• lack of capacity at the IND;

• complex case assessment;

• internal checks between different departments;

• waiting for documents or advice from other authorities (such as RVO);

• administrative delays or backlogs.

Sometimes there is a genuine reason why a case takes longer. However, this does not mean that the IND may simply ignore the legal decision period. If the legal deadline has passed, applicants can take formal steps.

Step 1: Check the decision deadline

The first step is to check whether the IND is legally late.

After submitting an application, the IND usually sends a confirmation letter (ontvangstbevestiging). This letter often mentions the date by which the IND expects or is required to make a decision.

The decision period depends on the type of application. For example, the deadline for an initial application may be different from the deadline for an objection procedure. The deadline may also be suspended if the IND asks for additional documents and gives the applicant time to respond.

Before taking any action, it is important to calculate the deadline carefully. Filing too early can cause problems later in court.

Step 2: Send an ingebrekestelling (notice of default)

If the IND has not decided within the legal decision period, the applicant can submit an ingebrekestelling. This is a formal notice of default.

By sending an ingebrekestelling, the applicant informs the IND that the legal decision period has expired and that the IND must still make a decision.

After receiving the ingebrekestelling, the IND normally gets two more weeks to decide. If the IND still does not decide within those two weeks, the applicant can take the next step and file a beroep (appeal) with the court.

Does the IND still have to pay a fine after an ingebrekestelling?

In the past, the IND could become liable for an administrative penalty payment if it did not decide within two weeks after an ingebrekestelling.

This has changed.

Since 15 April 2025, in immigration cases, an ingebrekestelling no longer leads to an automatic administrative penalty payment from the IND. This means that the applicant will usually not receive a financial penalty payment simply because the IND failed to decide after the ingebrekestelling.

However, the ingebrekestelling is still very important. It is normally required before the applicant can go to court. In other words, the ingebrekestelling no longer gives an automatic fine, but it opens the door to the court proceedings.

Step 3: File a beroep (appeal)

If the IND still does not decide within two weeks after the ingebrekestelling, the applicant can file a the proceeding with the court.

This is a court procedure asking the court to order the IND to make a decision.

Normally, the court does not decide whether the residence permit should be granted. The court only checks whether the IND failed to decide on time. If the court agrees that the IND is late, the court can order the IND to make a decision within a new deadline.

In many cases, the court gives the IND two weeks after the judgment to make a decision. The court may also attach a judicial penalty payment to that order.

What is a judicial penalty payment?

A judicial penalty payment is different from the old administrative penalty after an ingebrekestelling. The judicial penalty only starts if:

• the court orders the IND to make a decision within a new deadline; and

• the IND misses that new court deadline.

For example, the court may order the IND to make a decision within two weeks after the judgment. If the IND still does not decide within that period, the IND may have to pay a penalty for each day of further delay.

In many first procedures, courts may impose a penalty such as €100 per day, with a maximum of €15,000,-. The exact amount depends on the case and the court’s decision.

It is important to understand that the judicial penalty does not normally compensate the applicant for the past delay. It is mainly a pressure tool to force the IND to comply with the court’s new deadline.

What if the IND decides during the court procedure?

Sometimes the IND makes a decision after the court appeal has already been filed, but before the court gives judgment.

In that situation, the main purpose of the appeal has been achieved, because the IND has finally made a decision. Logically, the court will no longer need to order the IND to decide.

This also means that there will normally be no judicial penalty payment, because the court no longer needs to set a new decision deadline.

However, this does not automatically mean that the applicant must bear all costs. If the appeal was filed correctly and the IND only decided after the court procedure was started, the applicant may still request reimbursement of the court fee and a contribution to legal costs.

It is therefore important not to simply withdraw the court procedure without also requesting cost reimbursement.

Can the court fee and legal costs be reimbursed?

If the appeal (beroep) is successful, the court can order the IND to reimburse the court fee and pay a contribution to the applicant’s legal costs.

If the IND decides during the court procedure, the applicant may still ask for reimbursement. In many cases, the argument is that the IND has effectively met the applicant’s request only after the appeal was filed.

The legal cost reimbursement is usually a fixed amount based on the Dutch system for administrative court costs. It may not cover the full legal invoice, but it can reduce the financial burden for the applicant.

Can I claim damages because the IND is late?

In some cases, a delayed IND decision can cause serious damage. Examples may include:

• being unable to start or continue work;

• travel restrictions;

• missed job opportunities;

• additional housing or travel costs;

• separation from a partner or family member;

• stress and uncertainty caused by a long delay.

A damage claim is legally possible in some situations, but it is not automatic. The applicant must prove the actual damage, the amount of the damage and the connection between the IND’s delay and the damage suffered.

For that reason, a damage claim must be prepared carefully and supported with evidence.

Why professional legal assistance can help

A procedure against the IND for not deciding on time may look simple, but mistakes can easily happen. Common issues include:

• calculating the deadline incorrectly;

• sending the ingebrekestelling (notice of default) prematurely;

• filing the court appeal prematurely;

• missing proof of submission or receipt;

• wrongful request the legal cost reimbursement;

• withdrawing the appeal without reimbursement request;

• not responding properly when the IND makes a decision during the court procedure.

Pathway Partners can assist with checking the deadline, preparing the ingebrekestelling, filing the beroep (appeal) and requesting reimbursement of court fees and legal costs where possible.

If the IND has not made a decision on your application or objection on time, you do not have to wait indefinitely. Contact Pathway Partners to assess follow-up legal actions can be filed in your case.