No more judicial penalty payments for late IND decisions: what does this mean for regular residence applications?

As of 16 October 2026, an important change has taken effect for proceedings in which the Dutch Immigration and Naturalisation Service (IND) fails to make a decision within the applicable decision period. In appeals against a failure to decide in time that are lodged on or after this date, the court can no longer impose a judicial penalty payment on the IND.

Following the earlier abolition of the administrative penalty payment, this means that the financial incentive previously available through court proceedings has now also been removed.

What has changed?

If the statutory decision period has expired without the IND issuing a decision, the applicant can still serve the IND with a notice of default. If the IND subsequently fails to take a decision within two weeks, the applicant can lodge an appeal against the failure to decide in time with the court.

This possibility therefore continues to exist. What has changed is the consequence that the court can attach to such proceedings. For appeals lodged on or after 16 October 2026, the court can no longer impose a judicial penalty payment.

The court can still order the IND to take a decision within a specified period. Court proceedings therefore remain a means of compelling the IND to issue a decision, but the financial incentive that could previously be attached to exceeding the court-imposed deadline has been removed.

No administrative or judicial penalty payment

The change follows the earlier abolition of the administrative penalty payment. Since 15 April 2025, the IND can no longer become liable for an administrative penalty payment for failing to decide within the applicable decision period.

As of 16 October 2026, the judicial penalty payment has also been abolished for new appeals against a failure to decide in time. Consequently, both forms of financial penalty for late decision-making by the IND have now been removed.

Transitional rules apply to pending proceedings. If an appeal against the failure to decide in time was lodged before 16 October 2026, the court can still impose a judicial penalty payment. A judicial penalty payment already imposed before that date also remains in force.

What does this mean in practice?

For applicants for a regular residence permit, the change does not mean that there is no longer any remedy when the IND exceeds its decision period. Applicants can still serve the IND with a notice of default and subsequently lodge an appeal against the failure to decide in time.

However, an important means of exerting pressure has disappeared. The court can still order the IND to issue a decision within a specified period, but in new proceedings it can no longer attach a judicial penalty payment to that order.