Objection and appeal

Are you about to have your (MVV) application rejected or your residence permit revoked? Then it is important to act quickly.

The decision of the IND states that you can appeal within a certain time limit. This period is important because it gives you the opportunity to appeal against the decision and to 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 lawyer can often make all the difference at this stage. Some cases are easy to resolve, for example where the IND has made an obvious mistake. In these cases, a 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 a lawyer comes in handy and can significantly increase your chances of success. In addition, the cost of legal assistance can often be covered by subsidised legal aid or legal expenses insurance.

Avoid common mistakes

Many people try to lodge appeals themselves, but they are often rejected because of simple formal errors, such as lodging the appeal too late or not having the correct authorisation. This can have serious consequences: once the opposition has been rejected, not even a lawyer can do much to repair the damage. In this case, the only recourse is to appeal to the administrative judge. However, the judge cannot grant the residence permit, but only checks that the IND has followed the correct procedures and laws.

Getting a lawyer in time will increase your chances of a successful appeal.

What should you do if the IND makes a negative decision?

• The time limit for appealing: You have four weeks, or 28 days, from the date the IND sends you the decision to appeal. Make sure that your appeal is received by the IND before the end of this period.

• Submission: Submission by post may take several days. DelissenMartens therefore recommends that you also send your appeal by fax. This will give you proof of posting, so you can be sure that the documents have been received on time.

Pro forma notice of opposition

If you do not yet have all the necessary documents, you can file a pro forma notice of opposition. This is a preliminary objection in which you state that you disagree with the decision, but that you will substantiate your objection later. The IND will then set a time limit for you to submit the substantive grounds.

Provisional decision

In some cases, you do not have to wait for the appeal in the Netherlands. You can then ask the judge for an interim injunction. This is an emergency measure that allows you to wait for the opposition to be dealt with in the Netherlands.

How can we help you?

Our lawyers can help you at every stage of the opposition procedure. We will first check whether your case is eligible for funded legal aid or legal expenses insurance. If this is not the case, we will provide you with a preliminary estimate of costs. We will then file a pro forma appeal and request the file from the IND so that we have the same information. On receipt, we will discuss the contents with you and develop a strategy for how to proceed.

Our lawyers will guide you through the process and ensure that you are kept informed of progress. Please contact us to discuss your options.