IND is late with the decision

The IND is late with the decision

By law, the IND must take a decision on your application or application for review within a certain period of time. We call this the decision period. The IND is late deciding if the legal decision period has passed.

Has the decision period for your application or application for review passed? And you have not yet received a decision from the IND? Then you can submit a notice of default. That means you'll give the IND a last chance to take a decision.

Decision period

The decision period varies depending on the application. You have submitted an application or application for review. The letter you received from the IND states when the IND must take a decision.

Sometimes we extend the decision period. This means that it will take longer before you receive a decision from the IND. This happens for example if the IND asks you to provide more information. Or if the IND needs to do more research. If we extend the decision period, you will receive a letter about this from the IND. The extension period is added to the legal decision period.

Notice of default

If you would like to submit a notice of default, please use the form Ingebrekestelling bij niet tijdig beslissen (Notice of default in case of untimely decisions, available in Dutch only). You can also ask someone else to submit the notice of default for you. You have to authorise them to do this for you.

What happens next?

After the IND has received your form, we have 2 more weeks to take a decision. If the IND does not do this, a penalty payment starts to accumulate. The IND must pay this penalty if:

  1. The decision period has passed; and
  2. The IND has received a notice of default; and
  3. The IND has still not taken a decision within 2 weeks.

The penalty automatically becomes payable. You do not need to request this separately. It consists of:

  • € 23 per day for the first 14 days
  • € 35 per day for the following 14 days
  • € 45 per day for the third 14 days.

The maximum amount is € 1,442. Would you like the amount to be paid into another bank account (not your own)? Please use the form Machtiging ontvangst gelden (Authorisation to receive automatic penalty, available in Dutch only).

Postal address

Send the notice of default, and authorisation (where this applies) to:
Immigration and Naturalisation Service
P.O. Box 14
9560 AA  TER APEL
Fax: 088 04 32951

Court appeal

Has the IND still not decided on your application or notice of default within the additional 2 weeks? You may then appeal directly to the court. The court then specifies a deadline by which the IND must 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.