Decision period in immigration cases (beslistermijn)

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The decision period (beslistermijn) is the statutory period within which the IND must decide on an application. For regular residence permits, including extensions and changes, it is 90 days under article 25 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw 2000). For naturalisation it is one year under article 9(4) of the Netherlands Nationality Act (RWN).

How long may the IND take?

The 90-day period applies to first applications, extensions and changes of a temporary permit and to permanent permits. The IND may extend it by up to six months if it needs advice or an investigation by third parties or the Public Prosecution Service, and must tell you so. For naturalisation, the one-year period can be extended twice by up to six months. For option, the mayor decides within thirteen weeks, extendable once by thirteen weeks.

What if documents are missing?

The IND gives you a period to complete your application. The decision period is suspended during that time (article 4:15 General Administrative Law Act, Awb).

What can you do if the IND is late?

  • Wait until the statutory period, including any extension, has expired.
  • Send a written notice of default (ingebrekestelling) to the IND.
  • If there is still no decision two weeks later, appeal to the district court for failure to decide on time (article 6:12 Awb).

The court can order the IND to decide within a set period.

Are the IND’s target times binding?

No. The IND publishes target times (streeftermijnen) per procedure, which are often shorter than the statutory period. They are not legal deadlines, so a notice of default only makes sense once the statutory period has passed.

Related terms

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