Article 25 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw 2000) sets the period within which the IND must decide on applications for a regular residence permit. The standard decision period (beslistermijn) is 90 days. It covers first applications, extensions and changes of a temporary permit under article 14 Vw 2000, and permanent permits under article 20 Vw 2000.
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Can the IND extend the 90-day period?
Yes, but only by up to six months, and only if the IND needs advice or an investigation by third parties or the Public Prosecution Service, for example to verify foreign documents. The IND must inform you of the extension. Shorter, non-extendable periods apply to some permits based on EU directives, and applications from long-term residents of another EU Member State and their family members have a separate period of four months.
What if your application is incomplete?
The IND will give you a period to complete the application. The decision period is suspended until you have supplied the missing information or the period has expired (article 4:15 Awb).
What can you do if the IND decides too late?
- Check whether the period, including any extension, has actually expired.
- Send the IND a written notice of default (ingebrekestelling).
- If there is still no decision two weeks later, you can appeal to the district court for failure to decide on time (article 6:12 Awb).
The court can then order the IND to decide within a set period.
Frequently asked questions
Are the IND’s published processing times legal deadlines?
No. The IND publishes target times per procedure, but only the statutory period in article 25 Vw 2000 counts for a notice of default.
Related terms
- Decision period in immigration cases
- Penalty for late decision
- Article 14 Aliens Act 2000
- Article 20 Aliens Act 2000
- Residence permit
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