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Registering an objection or appeal

You have a decision on your application. The application has been rejected. Or your application has been approved, but you disagree with for example the start date or the labour market notification of your residence permit. You may submit an application for review.

​Application for review

You may submit an application for review in the following applications:

  • application for a short stay visa;
  • application for a regular provisional residence permit;
  • application for a temporary regular residence permit without mvv (including change of purpose of your stay);
  • application for a permanent regular residence permit or long-term resident EC;
  • application permanent asylum residence permit;
  • application for Dutch citizenship;
  • application for a recognised sponsor.

Steps in the appeal process

The application for review involves a number of steps:

1. Submit the application for review

You appeal by submitting an application for review by post. Every application has a specific period in which you can appeal against the decision. Make sure you submit your appeal on time. You attach a copy of the decision to your letter. You may also include other documents. For example, documents explaining why you disagree with the decision. Please send your application for review to the address in the formal decision.

Is your application for a residence permit approved, but do you disagree with something? For example the start date of the residence permit. Or the labour market notification. You can submit the application for review only at the moment that you have collected your residence document at the IND desk. You submit the application for review within 4 weeks after the date you have collected your residence document. Please send your application for review to the general postal address.

You can apply for the review yourself. Are you unable to do so? Someone else may then also apply on your behalf.
The following persons can apply for review on your behalf:

  • your legal representative;
  • a person with special power of attorney;
  • a lawyer;
  • if you apply for a residence permit: your (recognised) sponsor.

You can also have someone else handle your review with a written authorisation. In this statement you state who you authorise and for what. You and the authorised person sign the statement. Enclose this statement with the application for review.

Do you need assistance? You can then call upon the assistance of a legal counsellor or other counsellor. Further information can be found at het Juridisch Loket.

2. Awaiting the review in the Netherlands

In the rejection letter it is mentioned if you may await the application for review in the Netherlands. If you may await the review in the Netherlands, you can get a residence endorsement sticker in your passport at the IND. You make an appointment for this. 

Sometimes you may not await the review in the Netherlands. This means that you will have to leave the Netherlands. The decision shows whether you are allowed to be in the Netherlands during the review. Are you not allowed to await the review in the Netherlands and you do wish to? You may ask the court for a provisional ruling. You must do this within 24 hours after receiving the decision from the IND.

3. Receipt and check application for review

Once the IND has received your application for review, you or your lawyer will receive an acknowledgement of receipt. The letter states the date the IND has received your application for review. The letter also states the period within which the IND makes a decision.

The IND will check to see if your application for review is complete. Are documents missing, or are documents not correct? In that case, the IND will send you a letter. This letter lists the documents that you or your lawyer need to send. You do this within 2 weeks.

4. Decision

The IND assesses your application and makes a decision. 

Application for review well-founded
The IND decides that your application for review is well-founded. You will receive a positive decision on your application. This means that you will get the visa or residence permit, or that you will become a Dutch citizen.

Application for review unfounded
The IND decides that your application for review is unfounded. Your application for review is rejected. This rejection is set out in an official letter (decision) from the IND. Do you disagree? You may appeal to the court.

Go to court

You have a negative decision on your asylum application or your application for review. You may appeal to the court. You also apply to the court if you are not allowed to await the review in the Netherlands. You may then apply for a provisional ruling to the court. The decision sets out the period within which you have to do this. 

Appeal in a regular procedure

You can appeal when your application for a residence permit or provisional residence permit (mvv) has been denied. And the objection also has been denied. You can find all information about registering appeal on the website of de Rechtspraak.

Appeal or provisional ruling in an asylum procedure

Is your asylum application denied? You can than immediately appeal to court. You can also request a provisional ruling. Your lawyer can start the appeal. But you may also do it yourself. You can find all information about registering appeal on the website of de Rechtspraak.

Appeals and applications for a provisional ruling by a lawyer, must be lodged electronically
These appeals and applications for a provisional ruling can only be lodged via Mijn Rechtspraak, the webportal of the Council for the Judiciary. Go to www.rechtspraak.nl and press the button 'inloggen' in the upper right corner. You need to have login details (advocatenpas).

 

Application for review

​An application for review is a letter in which you set out why you disagree with the decision.

formal decision

​A formal letter with the decision on your application.

Provisional ruling

​A provisional ruling is a request to the Court in which you ask permission to await the decison in objection or appeal in the Netherlands.