Objection to a negative decision to an application or the withdrawal of a residence permit

Have you received a rejection to your MVV-application or a withdrawal of your residence permit? Hire a lawyer as soon as possible! It is still possible for the case to develop a positive outcome in this phase of the objection. This would be more difficult in appeal.

A skilled lawyer can make a lot of difference in this procedure. Some cases are simple, such as when the IND has made an obvious mistake. The issue can then be solved with a phone call. Other cases can be complicated in the legal sense. Only with the right knowledge of the rules can these issues be solved. A lawyer can provide this solution. A lot of times the services of a lawyer are eligible for funding or fall under legal counsel insurance.

A lot of people write and submit their own objections. These can easily be rejected when e.g. it is not submitted timely or if the person submitting it is not (legally) authorized by the one who the decision applies to. In case this happens, the damage is done and irreversible. Contacting a lawyer at that point will not be useful. After the objection, the appeal remains open at the administrative judge. This judge looks into the case differently than the IND does. The judge cannot grant a residence permit, but will judge whether or not the IND, in making its decision, has correctly applied the procedural rules and laws.

What do you have to consider in case of a negative decision?

Objection-term and the manner of submission

The term in which objections can be made is always four weeks. Four weeks are 28 days.

The term commences the date on which the IND has sent its decision. That is usually the date upon which the decision is registered and in some (specific) cases, when the decision has been handed to the individual in person.

The objection must be received by the IND by the last day of the term.

Was the decision made on the first day of the month, the objection must be received by the IND on the 29th of the same month. It is advised to look at which day of the week the decision was registered. Was that e.g. on a Wednesday, then the last day to submit your objection is on the Wednesday as well, four weeks later.

Sending and submitting the objection via postage can take a few days before it has reached its destination. Submitting it digitally is not possible. Even though the IND advises to send your objection via postage, Delissen Martens Advocaten advises to also send it via fax. The fax is still the most reliable method to send documents, because it gives a confirmation/proof of shipment that it has reached the receiver. Submitting your objection only via fax is possible on the very last day of the term in which objections can be submitted.

‘Pro forma’ objections

 Objections cannot always be submitted with all required evidence and arguments because these are e.g. not yet known or available. In that case, it is possible to submit a ‘pro forma’ objection. The objection letter will only state that the applicant does not agree with the decision and that the substantiated arguments (the reasons why he does not agree with the decision) will follow soon after. The IND sends a confirmation after receiving the pro forma and proposes a term in which the arguments must be submitted.

Temporary provision

Sometimes, the (decision on an) objection cannot be awaited in the Netherlands. In that case, a temporary provision must be applied for at the provisions court. This is a separate procedure where the judge is asked to grant the person in question the permission to await the objection in the Netherlands.

The decision of the IND always states whether or not the objection can be awaited in the Netherlands or not. It will also state the term in which the request for temporary provision must be applied for. Usually, it is within 24 hours after the decision of the IND.

Sometime a request for temporary provision can be applied for in case of a crucial matter which calls for an urgent measure. The provisions courts has this authority during an objection phase at the IND. There are known cases of where the provisions judge has instructed the IND to treat the application as if he is in the possession of a visa for temporary stay or an MVV. Normally, the judge will not easily result to this. It will only happen when it is evident that the objection will be declared well-founded.

The provisions judge will find regular circumstances, such as the safety situation in a country, not enough of a reason to grant temporary provision.

Are you dealing with a rejection to your MVV or residence permit application? Or has your residence permit been discontinued? Contact us!

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