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The IND will make a decision whether or not to grant you a residence permit
Last updated: 6/20/2024, 2:46 PM

The IND decides during the asylum procedure whether you may stay in the Netherlands or not. Read here what happens if you do receive an asylum residence permit. Or what you can do if the IND rejects your application for asylum.

You get an asylum residence permit and can stay in the Netherlands

You will receive (via your lawyer) a letter from the IND stating that the border procedure is terminated and that you will be granted entry to the Netherlands. Your application for asylum will be approved as soon as possible in consultation with your lawyer. You may then continue to live in the Netherlands (for the time being). Your lawyer will explain what other consequences the decision has for you.

First you get an asylum residence permit for 5 years. After 5 years, you can apply for a permanent residence permit or become a Dutch citizen.

Your asylum application will take longer because the IND needs more time

The IND continues to process your application in the Extended Asylum Procedure (VA).

More information about the Extended Asylum Procedure (VA) can be found here

You will not get an asylum residence permit or not right away

You will receive a letter from the IND stating that the IND intends to reject your application for asylum. This letter is called a 'voornemen' (intention). The letter contains the reasons for rejection and the consequences for you. You discuss this letter from the IND with your lawyer. In the general asylum procedure, your lawyer has 1 day to respond to the IND in a letter. This letter is called the 'zienswijze' (standpoint).

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.

These are your options if your asylum is rejected

The IND continues to believe that you are not entitled to an asylum permit. You will receive (via your lawyer) a letter from the IND stating that the IND rejects your application for asylum and that you must return to your country of origin. It also states why the IND has decided this. And what the consequences are. And what you can do if you disagree with the rejection. This letter also states what possibilities there are for returning to your country of origin. 

  1. Appeal against the IND You can appeal in consultation with your lawyer. This means that you officially report to the court that you disagree with the decision of the IND. After your report, the court will investigate whether the IND has properly implemented Dutch law when deciding on your asylum application. You can often wait in the Netherlands for the court's decision.

    Appealing the IND's decision
    This page tells you how to appeal the IND's decision.

  2. Return to your country of origin If the IND rejects your asylum application, you may no longer stay in the Netherlands and must return to your country of origin.

    Independent return to your country of origin
    You decide whether or not you want to return to your country of origin. You can read more about independent return on this page.

  3. File a new asylum application After rejection, you may reapply for asylum. Get advice from your lawyer or from your contact at VluchtelingenWerk Nederland (VWN).

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