If the IND rejects your application, the decision is not the end of the matter. In most regular immigration cases you can lodge an objection with the IND itself, in principle within four weeks of the decision. If the objection is dismissed, you can appeal to the court, again within four weeks, and a further appeal lies to the Administrative Jurisdiction Division of the Council of State. Asylum decisions follow a different route: there is no objection stage, and the case goes straight to the court.
Two questions matter from the first day: what exactly you are challenging, and whether you may remain in the Netherlands while you do it. The second is answered in the decision itself, and it determines how urgent the next step is.
Which IND decisions can you object to?
An objection can be lodged against a negative decision on, among others, an application for a short-stay visa, a provisional residence permit (MVV), a regular residence permit for a fixed period, a permanent regular residence permit or EU long-term resident status, recognition as a sponsor, and naturalisation.
You can also object where the application was granted but part of the decision is wrong – the wrong purpose of residence, the wrong validity period, the wrong start date. In that case the four-week period runs from the moment you receive the residence document, so collecting the card at the IND desk starts the clock.
May you stay in the Netherlands during the objection?
The decision states whether you may await the outcome in the Netherlands. If you may, you can make an appointment at an IND desk for a residence endorsement: a sticker in your passport confirming lawful residence for the duration of the procedure.
If the decision says you may not, you are in principle required to leave. That is not necessarily the last word: you can ask the court for an interim measure, a voorlopige voorziening, allowing you to await the objection here. Such a request has to be made quickly and argued properly, because the court weighs the interests on the papers before it, and a thin request is refused on the papers too.
How does the objection procedure work?
The notice of objection sets out why the decision is wrong – on the facts, on the assessment, or on both – and is sent, with a copy of the decision, to the postal address stated in the decision. The IND confirms receipt and states the period within which it will decide, and will write separately if documents are missing or need correcting.
What decides these cases is rarely eloquence. It is the file: the documents the IND says it did not receive, the evidence of a relationship or of employment, the correct translations and legalisations. An objection that repeats the application without adding anything usually produces the same answer as the application did. Our guide to building a strong immigration case sets out how to assemble that evidence.
If the objection is upheld, you receive a favourable decision on the application. If it is dismissed as unfounded, the rejection stands for the time being and the route continues in court.
How does an appeal to the court work?
Appeal is lodged within four weeks of the decision on the objection, by sending the completed application form to the Central Registration Office. The notice of appeal explains why the decision on the objection is wrong; the IND replies with a statement of defence, and a hearing follows.
As at the objection stage, the decision states whether you may await the appeal in the Netherlands, a residence endorsement is available where you may, and an interim measure can be requested where you may not.
The court gives judgment in principle within six weeks of the hearing, and will notify the parties if it needs longer. If the appeal succeeds, the court can rule that the IND must decide on the objection again in accordance with the judgment, or it can leave the legal consequences of the annulled decision in place, or it can decide the matter itself.
It is worth being clear-eyed about what winning means. In many cases the court sends the matter back, and the IND then takes a fresh decision that repairs the defect the court identified – which can, once again, be a refusal. A judgment in your favour removes a flawed decision; it does not by itself hand you a residence permit.
What if the court dismisses the appeal?
A further appeal lies to the Administrative Jurisdiction Division of the Council of State, which is the highest court in immigration matters and must be approached within four weeks of the judgment. The Division reviews the court’s judgment rather than re-examining the whole case, which makes the grounds of appeal a considerably more technical exercise than the objection was.
Frequently asked questions
How long do I have to object to an IND decision?
In principle four weeks from the date of the decision. Where you are objecting to part of a decision that granted your application, the four weeks run from receipt of the residence document. Late objections are declared inadmissible except in narrow circumstances, so the date on the decision is the date that matters.
Can I object to a rejected asylum application?
No. Asylum decisions have no objection stage; you appeal directly to the court, and the periods are short – in accelerated procedures considerably shorter than four weeks. Advice on the same day the decision arrives is not an overreaction in these cases.
Do I need a lawyer to object?
You may lodge an objection yourself. Whether that is wise depends on why the application failed: a missing document is one thing, a refusal based on public order, a sham-relationship assessment or an income requirement is quite another, and those turn on legal argument rather than paperwork.
What does an interim measure do?
It allows you to await the outcome of the objection or appeal in the Netherlands where the decision says you may not. It is a separate request to the court, decided on the balance of interests, and it does not affect the merits of your case.
Assistance with an IND objection or appeal
Deadlines in immigration matters are short and unforgiving, and the strength of an objection is usually determined in the first week, when the file is assembled. Our immigration lawyers draw up notices of objection and appeal, request interim measures, and act as your point of contact with the IND. See also our overview of Dutch immigration law. Do you have a decision you disagree with? Tell us about your situation. We will let you know your options within one working day.
