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Have you made a decision about your application for a Schengen visa? And do you disagree with this decision? Then you can object to this with the IND.
Objecting to a visa decision
You have one at a Dutch embassy or consulate Schengen visa for a short stay applied for in the Netherlands. You have received a decision on this application for a tourist visa, business visa or transit visa. You do not agree with the decision and want to appeal. Someone else may also object on your behalf.
Object to the country that has decided on the application
Has not the Netherlands, but another country decided on your visa application? Then object to that country. In that case, you cannot lodge an objection with the IND.
How do you lodge an objection with the IND
You object by sending a notice of objection to the IND by post. This is a letter explaining why you disagree with the decision. The notice of appeal must contain the following information:
- Your name and address.
- The date.
- The name and date of birth of the person who applied for the visa.
- The reasons why you think the decision is wrong.
- Documents that show why you think you should get a visa.
- Your signature.
- A copy of the decision.
Send notice of objection
Send your objection to:
IND Visa Service
P.O. Box 2
9560 AA Ter Apel
Or send by fax: 08804 – 32853
Objection period is 4 weeks
The objection period is 4 weeks. This means that you must object within 4 weeks. The 4-week period starts on the date you received the decision.
Objection after positive decision
Have you received a positive decision on your visa application? But do you disagree with something? For example, the start date or validity of the visa. Then you can only object once you have collected the visa. Make an objection within 4 weeks after you have collected the visa from the Dutch embassy or consulate.
Have someone else object
Are you unable or unwilling to object yourself? Then someone else can also object for you. These persons can object on your behalf:
- Your legal representative. This is a parent, guardian or someone else who manages your affairs.
- A lawyer.
- A special agent.
A special authorized representative is someone who receives permission from you to object on your behalf. You must write down that you authorize this person. Use the Visa Objection Authorization form. Or write a letter yourself in which you say who you are authorizing and for what. Also put your signature on the letter. Enclose the form or your own authorization with the notice of objection. Also send a copy of your passport.
Help with making an appeal
Do you need help? Then you can ask a legal assistance provider or another assistance provider. You can get more information about help from (legal) care providers at the Juridisch Loket.
Decision on your objection
The IND has 12 weeks to decide on your objection. This period is called the decision period. The decision period starts on the last day on which you could object. Even if you have already objected earlier than that day. Read more about the decision periods at the IND.
Positive or negative decision on your objection
The IND sends the decision to the Dutch embassy or consulate where you applied for your visa. The embassy or consulate will send you an official copy of the decision. Did someone else object for you? Then the IND will also send the decision on the objection to that person.
2 decisions are possible:
- The decision is positive: Your objection is well founded. This means that the IND agrees with you. You will still receive a positive decision on your visa application. This means that you get the Schengen visa or transit visa. You collect the visa within 3 months at the embassy or consulate where you applied.
- The decision is negative: Your objection is unfounded. This means that the IND does not agree with you. You will not get a tourist visa, business visa or transit visa. Do you disagree? You can appeal to the court.
To court
Do you disagree with the decision on your objection? You can appeal to the court. The letter with the decision states within which time you must do this. Read more about lodging an appeal on the website of the judiciary.
If the IND decides too late
Has the decision period passed? And have you not yet made a decision on your objection? Then the IND will be too late to make a decision. Read what you can do if the IND is too late to make a decision.
Laws and rules
- Article 32(3) Visa Code
- Article 69 Aliens Act 2000
- Article 70(1) Aliens Act 2000
- Article 6.5 General Administrative Law Act (AWB)
This article was posted on March 11, 2021 – Source: IND.nl
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