If you disagree with the IND’s decision, you can object or appeal it. This could result in you receiving a favorable decision on your application.
An unfavorable decision on your application
The IND will give a decision on your application in the form of a decision. If a negative decision has been made on your application, meaning that you will not receive a residence document, you can file an objection. The applications listed below can be objected to:
- Short-stay visa
- Provisional residence permit (MVV)
- Fixed-term regular residence permit
- Permanent regular residence permit or EU long-term resident
- Recognition as a sponsor
- Request for naturalization (Dutch nationality)
The objection procedure
If the IND rejects your application, the decision will state whether you can wait for the objection in the Netherlands. If you can await the objection procedure in the Netherlands, you can make an appointment for a residence endorsement at the IND desk. The residence endorsement will be placed on your passport. It is a sticker showing that you can stay in the Netherlands during your procedure.
If the decision states that you may not await your objection procedure in the Netherlands, you must leave the Netherlands. If you still want to await the objection in the Netherlands, you can apply to the court for a preliminary injunction.
In the notice of objection, you write why you object to the IND’s decision. Send the notice of objection and a copy of the decision to the postal address stated in the decision. You can also have the objection drawn up by our lawyers. In that case, we can act as your contact for the IND.
Once the IND has received your objection, they will send you a letter noting the date of receipt and the decision period for the objection. If any documents need to be included or corrected, you will receive a letter from the IND stating which documents you still need to provide.
The IND will then decide on the objection. If the objection is upheld, you will receive a favorable decision on your application. However, if your notice of objection is declared unfounded, your application is rejected for now. If you disagree, you can appeal to the courts.
Object to a favorable decision on your application
You can also object if your application for a residence permit has been approved but you disagree with part of the decision. You can file an objection after collecting your residence permit from an IND desk. In this case, you have four weeks to object, counting from when you received the residence document.
If your objection is declared unfounded, you can appeal to the courts. Within four weeks after a decision on your objection, you must send the filled-in Petition/Objection form to the Central Registration Office (CIV).
The IND’s decision on objection indicates whether you may await the appeal in the Netherlands. As in the situation of objection, you can get a residence endorsement if you are allowed to wait for the appeal in the Netherlands. If you cannot await the appeal in the Netherlands, you must leave the Netherlands. You can nevertheless apply to the court for a preliminary injunction to await the appeal in the Netherlands.
After you have completed and sent in the form, you indicate in the notice of appeal why you disagree with the IND’s decision on your objection. You must submit the notice of appeal within the time limit set by the court. The IND can respond to your notice of appeal using a statement of defense. After this, a hearing will take place.
In principle, the court will rule within six weeks. If the judge needs more time, he will notify the parties promptly. If your appeal is upheld, the judge may rule that:
- The IND must re-examine the objection and the IND makes a new decision in which the IND complies with the court ruling
- The legal consequences of the IND’s decision remain in force
- The judge’s own decision
However, being proven right by the court does not mean you will get certainty about the residence permit. Often, the IND will make a new decision considering the court’s ruling. However, this decision may still result in a decision in which you are denied a residence permit.
Our lawyers are specialized in Immigration Law and can help you with the objection or appeal. We are happy to help you in this process. You can also contact Law & More for other questions.