6 things you need to know when appealing a decision from the IND

When you or your employer file an application for a residence permit, you hope that the immigration authorities (IND) will approve this application and grant you the permit. However, this is unfortunately not always the case. So, what should you do if you receive a rejection from the IND? What are your rights exactly and what do you need to look out for? Dilara Karasahin from Kroes Advocaten Immigration Lawyers explains in this article.

Firstly, when you receive a negative decision from the IND, you can file an objection (or a so-called (bezwaarschrift) in which you state why you disagree with that decision. This is not the same as an appeal procedure (beroepsprocedure), which can usually be initiated only after you've also received a decision from the IND on the objection. The appeal procedure takes place at the local court.

So, what do you need to be careful about when you start an objection procedure? Here are six things you should know:

1. The decision of the IND contains essential information

When the IND makes a decision on an application, you normally receive a document informing you of their decision. This document also always contains information about your right to object to the decision, the term in which you should file the objection and the address that you can send your objection to.

Generally, the term to object to a decision is four weeks from the date of the decision, but this can change depending on the type of application that was filed. It is important to meet this deadline. If you file an objection after the deadline has lapsed, then the IND may no longer accept the objection, which means that the decision is final and can no longer be disputed. Sometimes, exceptions can be made if you have good reasons that explain why it was not possible for you to file the objection earlier.

2. You can file a "pro forma" objection

If the final date at which you can file the objection has almost passed, and you do not have sufficient time to complete the reasons for your objection, then it is also possible to file a "pro forma" objection. This is simply a letter addressed to the IND in which you inform them that you wish to object to the decision, but that you request additional time to share a well-prepared objection letter with them. The IND will, in general, grant you an additional period of two weeks to complete your objection.

3. Right of residence during the objection

The IND's negative decision usually states whether you can await the outcome of the objection in the Netherlands. If this is the case, then it is advised that you make an appointment at an IND desk to obtain a residence endorsement sticker in your passport. The sticker states the date until which you have the right to Dutch residency, and whether you have the right to work during this period.

You should schedule this appointment with the IND no earlier than two weeks after you've filed your objection, as they may need some time to process your objection in their system.

4. When can you expect a decision on the objection?

This can vary according to which application you had initially filed. Usually, the standard term is 19 weeks from the last date on which you could file your objection. This can sometimes be extended, for example, when the IND has additional questions throughout the procedure.

5. What should be in the objection letter?

An objection can be filed for several reasons. Perhaps you failed to provide relevant information in your application which the IND needed in order to approve your application. In that case, the objection procedure can be used to repair any mistakes or to provide the missing information.

On the other hand, you might disagree with the IND's interpretation of a legal provision, which you would like to address in your objection. You can do this yourself, but you can also ask for help from other people, such as legal professionals, for instance.

6. Subsidised legal aid

You might qualify for subsidised legal aid, even if you are not an EU citizen. This means that the Dutch government covers (at least partially) the fees for legal assistance provided by an attorney. Whether or not you are eligible, depends on your income. If you qualify, then you will only pay a small contribution, the amount of which also depends on your income.

Kroes Advocaten Immigration Lawyers is a leading boutique law firm in the Netherlands which specialises in corporate migration, along with arranging work and residence permits for private individuals. If you want to appeal a decision from the IND or need help with other legal matters, feel free to contact their team for assistance.