Objection and appeal

Have you been confronted with the rejection of a (MVV) application or the withdrawal of your residence permit? If so, it is very important to act quickly in the context of appeals and objections.

The decision of the IND states that you can lodge an appeal within a certain period of time. This period is important because it is during this time that it is possible to appeal the decision and have a chance of a positive outcome. After this period, it is much more difficult to turn the tide and there is a risk that the process will become unnecessarily complex and lengthy.

An experienced attorney often makes all the difference at this stage. Some cases are easy to resolve, for example if the IND has clearly made a mistake. In such cases, a single phone call may be enough to resolve the issue. However, other issues may be legally complex and require in-depth knowledge of laws and regulations. This is where an attorney comes in handy to greatly increase your chances of success. In addition, the cost of legal assistance in immigration law can often be covered by subsidized legal aid or legal expense insurance.

Avoid common mistakes

Many people try to file appeals on their own, but they are often rejected because of simple formal errors, such as filing the appeal too late or failing to include the proper authorization. This can have serious consequences: once the appeal has been rejected, even a lawyer cannot do much to repair the damage. In this case, the only option is to appeal to the administrative court. However, the court cannot grant the residence permit; it can only assess whether the IND has followed the correct procedures and laws.

Hiring a lawyer in time will increase the chances of a successful appeal.

What should you be aware of in the event of a negative decision by the IND?

• Time to appeal: You have four weeks, or 28 days, from the date the IND sends its decision to file an appeal. Make sure that your appeal is received by the IND before the end of this period.

• Submission: Submitting your appeal by mail may take several days. Delissen Martens therefore recommends that you also send your appeal by fax. This will provide you with proof of dispatch so that you can be sure that the documents have been received on time.

Pro forma objection

If you do not yet have all the necessary documents, you can submit a 'pro forma' appeal. This is a preliminary appeal in which you state that you disagree with the decision, but will provide more substantiation later. The IND will then give you a period of time to provide the substantive grounds.

Provisional relief

In some cases, the Netherlands does not allow you to wait for the outcome of your appeal. In this case, you can apply for interim relief from the interim relief judge. This is an emergency measure that allows you to request that the processing of your opposition in the Netherlands be postponed.

Personal support with objections and appeals under migration law

Our lawyers will assist you at every stage of the appeal process. We start by checking whether your case is eligible for legal aid or covered by legal expenses insurance. If this is not the case, you will receive a clear estimate of the costs in advance.

We will then file a pro forma appeal and request the file from the IND. Once we have all the documents, we will discuss the content with you and decide on a strategy.

Throughout the process, we will keep you informed of the progress. You can count on our full support throughout the IND process, with your best interests at heart.

Please contact us to discuss your options.