Suspensive effect in Dutch immigration law: may you stay and work?

Whether you may stay in the Netherlands after the IND rejects your residence application depends on what kind of decision it is. An objection against the refusal to extend, or the withdrawal of, a regular residence permit in principle suspends that decision until the IND has decided on the objection (Article 73 Aliens Act 2000, Vreemdelingenwet, Vw). The main exception: after a refused first application, and in a number of cases set out in the law, there is no automatic suspension, and you need interim relief (voorlopige voorziening) from the court to wait for the outcome in the Netherlands.

The IND decision itself states whether you may await the objection in the Netherlands. Below we explain the main rule, the exceptions, the right to work during the procedure and what expats and employers should each check. This page covers regular migration, such as highly skilled migrants and family members; asylum procedures follow different rules.

What is the main rule when the IND rejects your application?

Under general Dutch administrative law, an objection does not suspend a decision (Article 6:16 General Administrative Law Act, Awb). Immigration law makes an exception for decisions that end an existing lawful stay.

Under Article 73 Vw, the refusal to extend or change a regular residence permit, and the withdrawal of such a permit, take effect only after the objection period has expired or, if you object, after the IND has decided on the objection. During that period your stay remains lawful, and the IND may not remove you. You object in writing to the IND within the period stated in the decision, which is usually four weeks.

When is there no suspensive effect?

There is no automatic suspension after the rejection of a first application for a residence permit. Your stay was not yet based on a permit, so there is nothing to suspend.

Article 73 Vw also contains exceptions for extensions and withdrawals, for example where the decision is based on a danger to public order or national security. In those situations, the decision takes effect immediately, and the IND decision will say that you may not wait for the objection in the Netherlands.

The suspension also ends once the IND has decided on your objection. An appeal to the district court against a regular decision does not suspend it automatically. If you want to await the appeal in the Netherlands, you must ask the court for interim relief.

How does interim relief (voorlopige voorziening) work?

If you may not wait for the outcome in the Netherlands, you can ask the interim relief judge of the district court to prohibit your removal until the objection or appeal has been decided (Article 8:81 Awb). The IND states that you must do this within 24 hours after receiving the decision.

The judge weighs your interest in staying against the interest of the State in immediate departure, and makes a provisional assessment of the chances in the main case. Strong documents help: proof of employment, the employer’s statement, family ties and evidence that the refusal is based on an error. You must have filed an objection or appeal for the request to be admissible.

Where the IND decides late on an objection, you can send a notice of default and then appeal to the court. Since 15 April 2025, the IND no longer owes an automatic penalty (dwangsom) for late decisions, but the court can still order the IND to decide within a set period, with a penalty for further delay.

May you keep working during the procedure?

That depends on your document. During a suspended procedure, the IND can give you a residence endorsement sticker (verblijfsaantekening) in your passport, which states whether you may work and under which conditions.

Under the Foreign Nationals Employment Act (Wet arbeid vreemdelingen, Wav), an employer may only let a foreign national work if the residence document permits it or a work permit (TWV) has been issued by UWV. If the endorsement states that work is permitted, the employment may continue. If you have no endorsement or it does not mention work, stop and check before continuing.

If the court grants interim relief, the judgment may also state that you may keep working. Read the operative part of the judgment carefully, as it determines what is allowed.

What are the risks for employers?

An employer who lets a foreign national work without the right to do so breaches the Wav. The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) can impose a fine for each worker concerned.

The employer must check and copy the identity and residence document before work starts and keep the copy until at least five years after the end of the calendar year in which the work ended. A recognised sponsor of highly skilled migrants must also report relevant changes to the IND, such as the end of employment, within four weeks.

The employer has no right of objection against a refusal of the employee’s residence permit unless it was itself the applicant, as in the highly skilled migrant procedure. In that case the employer, as sponsor, can object and request interim relief.

What should you check as an expat?

• Is the decision a refusal of a first application, or a refusal to extend or a withdrawal of an existing permit?
• What does the decision say about awaiting the objection in the Netherlands?
• What is the deadline for your objection, as stated in the decision?
• If you may not wait in the Netherlands, has interim relief been requested within 24 hours?
• Does your residence endorsement sticker state that you may work?
• Did you apply for the extension before your current permit expired?

What should you check as an employer?

• Do you have a copy of the employee’s valid residence document or endorsement sticker that permits work?
• Has the expiry date of the employee’s permit been recorded, with a reminder well before it ends?
• Were you the applicant as recognised sponsor, so that you can object yourself?
• Does the court judgment on interim relief say anything about work?
• Have changes been reported to the IND within four weeks where you are a sponsor?

What can we do for you with an IND rejection?

Our immigration law team acts for expats and employers in regular migration cases.

• We review the IND decision on the day we receive it and tell you whether you may stay and work.
• We draft the objection and file it with the IND within the deadline.
• We request interim relief from the district court where you may not wait in the Netherlands.
• We advise employers on continuing the employment and on their Wav obligations.
• We bring an appeal against a late decision by the IND.

Summary

• An objection against the refusal to extend or the withdrawal of a regular permit in principle suspends the decision (Article 73 Vw).
• A rejected first application and certain cases, such as public order grounds, have no suspensive effect.
• An appeal to the court in regular cases does not suspend the decision automatically; ask for interim relief.
• Whether you may work follows from your residence document or endorsement sticker.
• Employers risk a fine per worker under the Wav if they let someone work without the right to do so.

Frequently asked questions