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IND is late with the decision

​Read what you may do when the IND is late with the decision on your application for a residence permit, naturalisation request or your application for review of a decision.

You have submitted an application or an application for review. By law, the IND must make a decision on your application or objection within a certain period of time.

Please note: Do you have a complaint about the IND? Please go to Complaints.

How do I know if the IND is late with the decision?

When the IND has received your application, they will send you an acknowledgement of receipt. This letter states within which period the IND will take a decision.

Sometimes the statutory period for taking a decision is extended. This means it will take longer before you receive a decision from the IND. This happens for example when the IND asks you to send more information. Or when the IND needs to do more research. If the decision-making period is extended you will get a letter from the IND.

The IND is late with the decision when the statutory period for making a decision plus an eventual extension has passed.

Notice of default

If the IND fails to take a decision within the statutory period, you can notify them of this situation. To do this, use the form 'Notice of default in case of untimely decisions' (only available in Dutch). You can also ask another person to submit the notice of default. You have to authorise this person to do this for you.

The IND has 2 weeks to respond to your notice of default, starting on the day following receipt of the notice. If the IND does not do this, a penalty payment will be automatically started. The IND is obliged to pay this penalty if:

  1. the decision period has passed; and 
  2. the IND has received a notice of default and then has still not made a decision within 2 weeks. 

The penalty is € 23 per day for the first 14 days, € 35 per day for the following 14 days, and € 45 per day for the third 14 days. The maximum amount is € 1,442.

This is an automatic penalty. You do not need to make a separate request for this. Would you like to authorise someone to be paid the penalty for you? Please use the form 'Authorisation to receive payments automatic penalty' (available in Dutch only). 

Please send the completed forms 'Notice of default in case of untimely decisions' and the 'Authorisation to receive payments automatic penalty' to:

Immigration and Naturalisation Service
P.O. Box 14
9560 AA  TER APEL
Fax: 088 04 32951 

Appeal to the court

Has the IND not yet decided on your application or objection within the 2 weeks? You may then directly appeal to the court. The court can specify a deadline for the IND to decide. If the IND does not decide within the period specified by the court, then the court will also impose a penalty payment on the IND.