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The extended asylum procedure

Last updated: 2/7/2024, 2:50 PM
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If the IND needs more time to process your asylum application, you will switch to the Extended Asylum Procedure (VA). The IND decides after the 2nd interview whether you will switch to the VA. The VA can take a few months or longer.

You will enter the Extended Asylum Procedure (VA) if:

  • the IND needs more time to decide on your asylum application. For example, the

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    IND
    might have to do more research.

  • there is temporarily no interpreter available who speaks your language.

  • you have family members who are also in the VA.

  • there is temporarily no IND employee available with enough experience to handle your application.

  • You are sick and need to get better first.

You do not have to come to the IND office during the VA if the IND has no further questions for you. The IND will contact you if they want to ask more questions. During the VA, you will receive free help from a lawyer.

The IND must decide within 21 months

The IND must decide within 21 months after you file the asylum application. This is called the IND's 'beslistermijn'.

The 1st decision of the IND

The IND will make a 1st decision about your asylum application based on the interviews, your documents and other evidence. There are two possibilities:

  1. The IND approves your asylum application: You will receive a letter stating that your asylum application has been approved. You will receive an asylum residence permit. This is valid for 5 years from the date you applied for asylum with the

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    M35-H form
    . After that, you can apply for a 

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    an indefinite asylum residence permit
    .

  2. The IND intends to reject your asylum application: You will receive a letter from the IND stating that the IND intends to reject your application for asylum. This letter is called a 'voornomen'. The letter contains the reasons for rejection and the consequences for you.

Your reaction if the IND rejects your asylum application

You can discuss the IND's letter with your lawyer. In the extended asylum procedure, your lawyer has four weeks to respond to the IND in a letter. The IND must take the lawyer's letter into account. After reading the lawyer's letter, the IND will decide whether the 1st decision should be changed.

The IND makes a final decision

Based on the standpoint, the IND decides whether the 1st decision needs to be modified. The IND then makes a final decision. This is called a 'beschikking'. It is possible that the IND will still reject your asylum application. It is also possible that the IND will approve your asylum application after the standpoint.

Sometimes the IND needs more time after the lawyer's standpoint. The IND will then process your application in the Extended Asylum Procedure (VA).

The consequences if the IND rejects your asylum application

If the IND rejects your asylum application, you are no longer allowed to stay in the Netherlands and you must return to your country of origin. The

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Repatriation & Departure Service (DT&V)
will talk to you about your return.

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