EU Migration Pact Takes Effect — IND Backlogs Set to Worsen for 50,000+ Applicants

The European Pact on Migration and Asylum entered into force on 12 June 2026, reshaping how EU member states process asylum claims. Rather than implementing only what the Pact requires, the Dutch government adopted additional national measures that the Dutch Council for Refugees described on 7 July 2026 as 'unnecessarily harsh.' The Netherlands Court of Audit had already warned that waiting times in the asylum procedure are likely to increase further as a direct result.

The core operational consequence is that the IND will have to focus primarily on new asylum applications. According to the Dutch Council for Refugees, this means more than 50,000 people already waiting for a decision may not receive one for several years — years in which they cannot reunite with family members or rebuild their lives. The Dutch government also significantly tightened family reunification rules beyond what the Pact requires, and these tighter rules will apply to pending applications as well as new ones. The Dutch Council for Refugees stated this political choice is unlikely to withstand scrutiny by European courts. Additionally, detention of children during the asylum border procedure remains legally possible under the new framework.

For residents and applicants already in the IND pipeline, the practical impact is prolonged uncertainty. The IND's own delay-enforcement mechanism (see below) becomes more relevant than ever. Advocacy organisations including the Dutch Council for Refugees have stated they will closely monitor how the new laws affect people in practice and will challenge harmful measures.

IND Formalises Legal Route to Sue Over Decision Delays

On 6 July 2026, the IND updated its official guidance on what applicants can do when the statutory decision period has passed without a ruling. The process begins with a formal default notice (ingebrekestelling), which asks the IND to issue a decision within 2 weeks. The notice must be sent either by post to Immigratie- en Naturalisatiedienst, Postbus 14, 9560 AA Ter Apel, or via the IND's secure email form — notices sent any other way are invalid and will not be assessed.

If the IND still fails to decide within those 2 weeks, the applicant may appeal to a Dutch court. The court then sets a new binding deadline for the IND. If the IND misses that court-imposed deadline, it must pay a periodic penalty (a daily sum of money) directly to the applicant. Applicants may authorise a lawyer or another person to file the default notice on their behalf using the IND's authorisation declaration form.

With IND backlogs expected to grow following the EU Pact's implementation, this mechanism is increasingly practical for applicants whose cases have stalled. The IND's own confirmation of receipt letter states the applicable decision period, making it straightforward to determine when the clock has run out.

Skilled Migrants Get 6-Month Job-Search Window; Investors and Residents Face Updated

Effective 22 May 2026, the IND extended the job-search period for highly skilled migrants who become unemployed from three to six months. The extension is not automatic: it applies only to migrants who have held a residence permit for at least two years, and the search period cannot extend beyond the original validity date of the existing permit. This change gives skilled workers meaningfully more runway to secure a new sponsor before their legal status is at risk.

On 20 July 2026, the IND published updated guidance on main-residency rules that govern when absence from the Netherlands can trigger permit revocation. For standard temporary or permanent permit holders, the IND may assume main residency has moved if the holder is outside the Netherlands for more than 6 continuous months in a single calendar year, or for more than 4 continuous months in each of 3 consecutive calendar years. Crucially, the IND counts these periods per calendar year (January–December) and does not add up separate periods for this category.

Foreign investors and highly skilled migrants operate under a more flexible rule: they may be absent for a total of 8 months within any 12-month period, with separate periods added together. Long-term EU resident permit holders face a different threshold — absence from the EU/EEA/Switzerland for more than 12 continuous months, or absence from the Netherlands specifically for more than 6 continuous years, triggers a presumption that main residency has moved. Students may remain abroad for up to 1 continuous year if the absence is for education required to complete their Dutch studies.

Asylum Credibility Assessment Review Completed; IND Defends Methodology

On 13 July 2026, the IND published the findings of its implementation review of the revised credibility assessment for asylum applications, which was introduced in March 2024 to align with EU legislation. The headline conclusion is that the new method is workable: IND staff can apply it effectively, and according to the IND, applications that would have been granted under the previous guidance are also granted under the new one. The Minister for Asylum and Migration stated there is no reason to amend the credibility assessment based on the review's findings.

However, the review identified areas for improvement. IND employees said they need greater clarity on how risk profiles should be applied. In response, the IND committed to making country-of-origin information more accessible internally and to placing greater emphasis on an applicant's personal frame of reference — a concern raised by advocacy groups including the Dutch Council for Refugees, Nidos, and asylum lawyers. Those groups also reported inconsistent quality in decisions and called for greater transparency in how the IND weighs different elements of its assessment; the IND rejected this criticism, arguing the new method actually provides greater insight into its reasoning.

The risk profile system remains unchanged. The IND now places greater emphasis on the individual risk an applicant faces upon return to their country of origin, using the risk profile as an aid rather than a determinative factor. For applicants and their legal representatives, the practical implication is that detailed, well-documented personal accounts remain essential — membership of a risk group alone is no longer sufficient to increase the chance of protection.

MVV Entry Visa Rules Clarified; Long-Term EU Residents Get Streamlined Path

On 22 July 2026, the IND updated its guidance on the provisional residence permit (MVV), the Type D entry visa required for most non-EU nationals planning to stay in the Netherlands for more than 90 days. The MVV is a multiple-entry visa valid across the entire Schengen Area, meaning holders can travel to the Netherlands via another Schengen country. Applications for the MVV and the residence permit are submitted simultaneously — typically by a sponsor in the Netherlands, though applicants without a sponsor can apply from abroad themselves.

Nationals of Australia, Canada, Japan, Monaco, New Zealand, Vatican City, the United Kingdom, the United States, South Korea, Switzerland, and all EU/EEA member states are exempt from the MVV requirement. The IND advises against staying in the Netherlands during the MVV application procedure; applicants with an urgent reason to be present must notify the IND in advance and provide supporting documents.

Separately, on 10 July 2026, the IND clarified the rules for people who already hold a long-term EU residence permit issued by another EU country and wish to move to the Netherlands. They must apply for a Dutch residence permit but are exempt from both the MVV and the tuberculosis test. Their employer is required to obtain a work permit (TWV) only for the first 12 months of employment; after that period, the employee may work in the Netherlands without a TWV. Reduced application fees apply to some permit categories for this group.

Asylum Permit Holders: Rights, Obligations, and the Path to Long-Term EU Status

On 3 July 2026, the IND published a comprehensive update of its guidance for asylum residence permit holders. The permit card (verblijfsdocument) functions as official identification: everyone in the Netherlands aged 14 and older must be able to identify themselves, and failure to carry the card can result in a fine. The card displays the holder's name, nationality, date of birth, permit type (Type III: asylum), expiry date, work rights, and the 10-digit V-number used in all IND correspondence.

Permit holders are required to register with their municipality (BRP), obtain a BSN citizen service number, take out statutory basic health insurance, and comply with the civic integration obligation — which means passing the Dutch language and society exam administered by DUO. Failure to follow a civic integration course can result in a fine from DUO; those under 18 or at statutory retirement age are exempt. Refugees (vluchtelingen) must apply for family reunification within 3 months of receiving their permit; subsidiary protection holders face additional income and housing requirements and must wait at least 2 years from their positive decision.

Permit holders can apply for renewal from 3 months before the card's expiry date. After 5 years of continuous legal residence and meeting the relevant conditions, holders may apply for a long-term EU residence permit, which confers the right to stay in the Netherlands permanently. Extended absences abroad — particularly travel to the country of origin — can have consequences for the asylum permit and should be discussed with a legal adviser before departure.

Monthly update on July 2026: Netherlands immigration — EU Pact backlogs, IND rule changes, and investor residency limits

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