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The IND has exceeded the decision term (notice of default)

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 too late with the decision?

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

Sometimes the statutory period for making 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. When the decision making period is extended you will get a letter from the IND.

The IND is too 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 make a decision within the statutory term, 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 send the notice of default. You have to authorise this person to do this.

The IND has 2 weeks to respond to your notice of default, starting on the day following the 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 € 20 per day for the first 14 days, € 30 per day for the following 14 days, and € 40 per day for the third 14 days. The maximum amount is € 1,260.

This is an automatic penalty. You do not need to make a separate request for this. In order to pay the penalty, the IND needs an authorisation from you. To do this, use the form 'Authorisation to receive payments automatic penalty' (available in Dutch only).

You 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. Does the IND not decide within the period specified by the court? The court also imposes a penalty payment on the IND.