Weekly update on July 11, 2026: IND freezes family reunification decisions, Council of State orders fraud-case reassessments, and 45-day

IND freezes family reunification decisions pending court ruling on EU Pact retroactivity

On 6 July 2026, the IND announced it is temporarily suspending decisions on a significant portion of family reunification (nareis) applications. The trigger is a legal dispute over whether the stricter conditions introduced under the European Migration Pact can be applied to applications already in the queue — not just new ones filed after the rules changed.

The IND is proceeding with a small number of test cases after 12 June 2026, then will seek a court ruling. Until that ruling arrives, all other affected applications — primarily those from holders of subsidiary protection, and refugee-status holders whose family members would be excluded under the new conditions — will not be decided. The IND has stated that if no court clarity is obtained before the end of 2026, it will determine appropriate next steps at that time.

The practical impact is severe for 'other family members' (non-spouse, non-minor-child). An application submitted in October 2024 is not expected to be started until November 2027 under the standard queue — and that estimate could lengthen further if the applicant falls into the frozen group. Applicants whose turn was due between June 2026 and the court ruling are described by the IND as the first to be affected.

Decisions will continue for: refugee-status holders whose family members qualify even under the new conditions (married partner plus biological children under 18); unaccompanied minors who have held a permit for more than two years applying for parents and siblings under 18; and Article 8 ECHR applications.

Council of State: IND must properly reassess asylum grounds even after fraud is

On 9 July 2026, the Netherlands' Council of State — the country's highest administrative court — issued rulings in two cases stemming from the 'Ambrose project', an IND investigation that reopened more than 100 residence permits after a legal adviser was convicted in December 2023 and sentenced to four years in prison for people smuggling. The adviser had sold fabricated asylum stories and coached clients to recite them.

The court confirmed that the IND may revoke permits once false statements are established. However, it ruled that the government must always carry out a careful reassessment of whether the applicant qualifies for asylum on any other grounds — even if the applicant continues to maintain the original, disputed account.

The two cases involved Iranian families granted asylum in 2017 on the basis that they had turned away from Islam and would face risk in Iran. In one case the court found the IND's reassessment was sufficiently thorough and upheld the refusal. In the second case, the court found the family had not been questioned on all relevant parts of their account and ordered the ministry to hold a new hearing and issue a fresh decision.

The ruling sets a procedural floor for all Ambrose-project reviews and any future fraud-based revocations: a substantive reassessment is mandatory, not optional.

Long-term EU residence permit: IND clarifies requirements and process (updated 8 July

The IND updated its official guidance on 8 July 2026. The core requirement is five consecutive years of lawful residence in the Netherlands on a valid permit, with absences not exceeding six consecutive months or ten months in total during that period.

Holders of a European Blue Card have an alternative route: at least two consecutive years in the Netherlands with a valid Blue Card, preceded by at least 12 consecutive months in another EU member state with a Blue Card, and a combined EU residence of at least five years — with absences from the EU capped at 12 consecutive months or 18 months in total.

The application fee for adults is €254. The IND has a statutory decision period of six months. The permit itself has no expiry date, but the physical document is valid for five years and must be renewed. Holders are free to work without a separate work permit (TWV); the document states 'Arbeid vrij toegestaan, TWV niet vereist'.

Applicants may submit up to three months before their current permit expires, or at any time if they have already exceeded five years of residence. Study periods count at 50% toward the five-year threshold; purely temporary purposes (seasonal labour, au pair, orientation year, exchange) do not count at all.

IND decision periods updated: 45-day fast-track for researcher and employer-change

The IND updated its decision-period guidance on 6 July 2026. The most significant change for skilled workers: from 22 May 2026, a 45-day statutory decision period applies to employer-change notifications and to applications switching to a scientific research permit, provided the applicant currently holds one of the qualifying permits (paid employment, highly skilled migrant, European Blue Card, work experience, research under Directive (EU) 2016/801, or non-privileged military/civilian staff).

The IND may extend the 45-day period by 15 days in special cases. Crucially, if the IND fails to decide within the 45-day window, the applicant is immediately permitted to work for the new employer for the remainder of their current permit's validity — without waiting for a formal decision.

For European Blue Card applications submitted by a recognised sponsor, the decision period is 30 days. For study, research, and work-experience applications submitted by a recognised sponsor with a complete file, the IND targets a two-week turnaround (statutory maximum remains 60 days). Standard highly skilled migrant and paid-employment applications retain a 90-day statutory period.

The permanent residence permit and long-term EU resident application carry a six-month statutory decision period.

Ten municipalities summoned for failing asylum housing quotas; 12,000-unit shortfall

On 6 July 2026, the Ministry of Asylum and Migration summoned ten municipalities — including Aalten, Beverwijk, Sluis, and Westland — for failing to meet their obligations under the 2024 asylum distribution law, which requires local authorities to provide housing for recognised refugees.

The collective shortfall across Dutch municipalities stands at approximately 12,000 housing units. If talks with local officials fail to produce results, the central government has the legal authority to bypass municipal approval and issue permits for reception facilities directly.

The action reflects ongoing pressure from asylum minister Bart van den Brink, who has separately been pushing councils to open more reception places to ease overcrowding.

IND updates guidance on challenging decision delays: notice of default and court penalties

Updated on 6 July 2026, the IND's official guidance sets out the exact procedure for applicants whose decision period has expired without a result. The first step is filing an 'ingebrekestelling' (notice of default), which gives the IND two weeks to issue a decision. The form must be sent either by post to the IND's address in Ter Apel or via the IND's secure email portal — submissions by ordinary email are explicitly invalid and will not be assessed.

If the IND still fails to decide within those two weeks, the applicant may appeal to a court. The court will set a new binding deadline. If the IND misses the court-ordered deadline, it becomes liable for a periodic penalty payment (dwangsom) paid directly to the applicant.

Applicants may authorise a lawyer or other representative to file the notice on their behalf, using the IND's authorisation declaration form (7645).