Immigration · Updated 30 Sep 2026 · ~6 min read

IND late with your decision? How the notice of default (ingebrekestelling) works

If the IND has missed its decision date, you can send it a notice of default (ingebrekestelling). The IND then has 2 weeks. This guide shows how to check your date, how to send the notice the only valid way, and what the court can do after that.

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Check your deadlineSend the notice

Rules from the IND, the Rechtspraak and Dutch law · Checked 26 October 2026

Short answer

The IND is late once the decision period in your confirmation of receipt, plus any extension it told you about, has passed. You can then send a notice of default (ingebrekestelling) on IND form 9001, by post or through the IND secure email. The IND then has 2 weeks to decide. If it still does not, you can appeal to the court for a late decision. The court sets a new deadline and can make the IND pay a penalty. For appeals lodged on or after 16 October 2026 the court can no longer order the IND to pay a penalty; appeals lodged before that date keep the old rules. Since 15 April 2025 the IND no longer pays a penalty just because it missed the 2 weeks.

Key facts for 2026

  • 2 weeks is the time the IND has left to decide after it receives your notice of default.
  • Form 9001 is the official IND form for a notice of default. It is in Dutch.
  • 2 valid ways to send it: by post to Postbus 14, 9560 AA Ter Apel, or through the IND secure email.
  • 15 April 2025 is the date from which the IND pays no administrative penalty on a new notice of default.
  • No fixed deadline applies to the court appeal for a late decision, but you must not wait unreasonably long.
  • 90 days is the legal decision period for most residence permits.

This is general information about Dutch law, not legal advice for your situation. Rules change; figures are for 2026. No rights can be derived from this text.

Decision periods

How long may the IND take in 2026?

The IND must decide within a legal decision period of 30 days to 1 year, depending on the application (IND decision periods). These are maximums, not averages, and your confirmation of receipt gives the date that applies to you (IND).

ApplicationThe IND must decide within
Highly skilled migrant90 days
Paid employment (single permit)90 days
EU Blue Card via a recognised sponsor30 days
Change of employer45 days
Study, research, work experience60 days
Partner, family, extension, change of purpose90 days
Permanent residence or EU long-term resident6 months
Naturalisation1 year

Source: IND decision periods, last updated 21 August 2026, checked 30 September 2026. Every application type is in our guide to IND processing times.

Step 1

Step 1: has the deadline really passed?

The IND can extend a regular decision period by up to 6 months, so check your real date before you send anything (IND). A notice of default only works once the decision period, plus every extension, is over.

  • Your own date. The confirmation of receipt says when the IND will decide (IND).
  • An extension letter. The IND tells you by letter when it extends the period, and the extension is added to the legal decision period (IND).
  • Missing documents. If your application was not complete, you get 2 weeks to send the documents and the period is extended by 2 weeks.
  • A first work application. For paid employment, highly skilled migrant or orientation year, the IND may add 30 days if it explains why.
  • A weekend or public holiday. If the period ends on one, it runs to the next working day.
  • An objection. The decision period for an objection starts the day after the last day on which you could object, even if you objected earlier.

Step 2

Step 2: how do you send the notice of default?

You send IND form 9001 by post or by secure email; a notice sent any other way is not valid (IND). A notice of default is a formal letter telling the IND it has missed its legal decision deadline. It is the required step before you can go to court over a late decision.

  1. Fill in IND form 9001, “Ingebrekestellen bij niet tijdig beslissen” (PDF). The form is in Dutch.
  2. Having someone else send it? You authorise them in the form. If that person is not a lawyer in the Netherlands, add the authorisation declaration, form 7645 (PDF).
  3. Send it by post to Immigratie- en Naturalisatiedienst, Postbus 14, 9560 AA Ter Apel, or by secure email through the button on the IND page, with your case number or V-number in the subject (how emailing securely works).
  4. Nothing else counts. A notice sent any other way is not valid, and the IND does not assess it. Keep proof of when you sent it.

Step 3

Step 3: what happens in the IND’s 2 weeks?

With a valid notice of default you ask the IND to decide within 2 weeks after it receives the notice (IND).

“Filing a default notice means that you ask the IND to still take a decision within 2 weeks.”

IND, IND late with a decision, checked 30 September 2026
  • A decision arrives. The case goes on as normal. If it is a refusal, you can object; see our IND refusal guide.
  • No decision after 2 weeks. You can go to court, step 4.

Step 4

Step 4: how do you appeal to the court for a late decision?

If the IND has not decided within 2 weeks of your notice of default, you can appeal to the court for failure to decide (beroep niet tijdig beslissen), says the IND. The Rechtspraak explains the procedure (in Dutch).

  • No fixed deadline. This appeal is not bound to a time limit, but the court will not hear it if you file it unreasonably late (Awb art. 6:12, wetten.overheid.nl).
  • A new deadline. If the court agrees with you, it sets a date by which the IND must still decide.
  • A penalty for each day. The court can add a penalty payment for every day the IND misses that new date (Awb art. 8:55d). The IND then pays that money to you.
  • Costs. The court charges a court fee (griffierecht). If you win, the IND in principle pays it back, plus a fixed amount towards your lawyer’s costs (Rechtspraak).

Penalties

Do you still get a penalty payment since April 2025?

Since 15 April 2025 the IND no longer pays a penalty just because it missed the 2 weeks after a notice of default, the IND explains.

  • Before. The IND paid an administrative penalty if it did not decide within 2 weeks of a notice of default.
  • Now. A new law abolished that penalty. For a notice of default sent on or after 15 April 2025, the IND pays no administrative penalty. The Aliens Act now says the Awb rules on those penalties do not apply to its decisions (Vreemdelingenwet 2000 art. 71b, wetten.overheid.nl).
  • Still needed. You still send the notice of default. It is the required step before a court can impose a penalty.
  • Only a court. A penalty comes only when the IND also misses the deadline the court sets, and for appeals lodged on or after 16 October 2026 a court can no longer order one. For asylum cases the IND says courts usually set a maximum of €15,000 on a first appeal, sometimes €7,500, and up to €37,500 per case when a strong push is needed right away.

Legal help

When does an independent immigration lawyer help?

You can send the notice of default yourself, but IND form 9001 is in Dutch and a notice sent early or the wrong way does not count (IND). A lawyer helps with:

  • Your real deadline, including extensions and paused periods.
  • The notice itself, filled in and sent the only valid way, with the authorisation in the form.
  • The court appeal for a late decision, asking for a new deadline and a penalty.
  • The case behind it, so you are ready to object within 4 weeks if the decision is a refusal.

Decision overdue? A lawyer can file the notice of default for you

Need help with this? We match you with an independent, English-speaking Dutch immigration lawyer. Most clients are introduced to a lawyer within one business day. Lawyer fees are paid to the firm and explained before you proceed.

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Keep reading

Related guides

More guides for people waiting on the IND.

Applying

IND processing times

Every decision period and your status in My IND.

 Applying

IND rejection and objection

The 4-week objection and the court appeal.

 Applying

Track your visa application

Embassy, VFS and IND trackers explained.

 Work

Losing your job on a permit

The search period for highly skilled migrants.

 Family

Partner visa

The 90-day family permit and the income rule.

 Permits

Permanent residence

The 6-month decision period and the requirements.

FAQ

Frequently asked questions

What can I do if the IND is late with my decision?

First check that the decision period, including any extension the IND told you about, has really passed. Then send a notice of default (ingebrekestelling) on IND form 9001, by post or through the IND secure email. The IND then has 2 weeks to decide. If it still does not, you can appeal to the court for a late decision.

How do I send an ingebrekestelling to the IND?

Use IND form 9001, which is in Dutch. Send it by post to IND, Postbus 14, 9560 AA Ter Apel, or upload it through the button for emailing a default notice securely on ind.nl, with your case number or V-number in the subject. A notice sent any other way is not valid. Someone else, for example a lawyer, can send it for you.

When is the IND te laat met beslissen (too late with its decision)?

The IND is too late once its decision period has passed. That period is set by law for each type of application, for example 90 days for most residence permits. Your confirmation of receipt states the date. If the IND extended the period, for example because documents were missing, the extension is added first.

Do I get a dwangsom if the IND decides late?

Not automatically. For a notice of default sent on or after 15 April 2025, the IND no longer pays an administrative penalty (dwangsom). Only a court can order a penalty: after you appeal for a late decision, the court sets a new deadline and can make the IND pay for each day it misses that deadline.

How long is the IND decision period?

It depends on the application: 90 days for most residence permits, including highly skilled migrant, partner and extension applications, 60 days for study, 30 days for an EU Blue Card through a recognised sponsor, 6 months for permanent residence and 1 year for naturalisation. The IND can extend the period and tells you by letter when it does.

Official sources, checked 30 September 2026

Final notes and legal disclaimer

  • This article provides general information and is not tailored to your personal circumstances.
  • It does not cover all situations, exceptions, or recent legal changes.
  • Reading this article does not create a lawyer-client relationship with findlawyer.nl or any associated entity.
  • No guarantee is given that this information is complete, accurate, or up to date.
  • No rights can be derived from this article.
  • For decisions about a late IND decision, or your specific situation, always consult a qualified professional.

FindLawyer is a lawyer-matching and case-preparation service, not a law firm. Legal advice comes from the partner lawyer.

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