Can You Still Get Compensation for IND Delays? What Changed

If the IND is late with a decision, many people ask the same question:

Can I get compensation because the IND is taking too long?

The careful answer is:

Do not treat this mainly as a compensation route. Treat it first as a way to push the IND to make a decision.

A payment may still be possible in some situations, but it is not automatic. The rules changed, and it is important to understand the difference between the old administrative penalty and a possible judicial penalty.

The main goal is usually to make the IND decide

If your IND decision is late, the practical goal is usually simple:

You want the IND to finally make a decision.

That decision may be positive or negative. A late-decision procedure does not mean the court approves your residence permit, visa, naturalisation request, or other IND application.

It is mainly about the delay.

So the question is usually not:

“Should my application be approved?”

The question is:

“Did the IND fail to decide on time?”

IND delay compensation is not automatic

A long IND delay does not automatically mean you will receive money.

Even if the IND decision period has passed, there are formal steps before any possible penalty becomes relevant.

In simple terms, the process may look like this:

Decision period passed → Form 9001 → waiting period → possible court appeal → possible court deadline → possible judicial penalty

That is very different from:

“The IND is late, so I automatically get compensation.”

What changed?

In the past, people often talked about a penalty after sending a notice of default.

This was linked to the IND not deciding within the required period after being put in default.

But the rules changed.

In cases covered by the Wet herziening regels niet tijdig beslissen in vreemdelingenzaken, where the IND was put in default on or after 15 April 2025, the IND no longer pays the old administrative penalty.

That means sending Form 9001 does not automatically create a payment from the IND.

Administrative penalty vs. judicial penalty

There are two different penalty types people often confuse.

Administrative penalty

This was the older penalty connected to the IND not deciding after a notice of default.

For cases covered by the new law, where the IND was put in default on or after 15 April 2025, this administrative penalty no longer applies.

Judicial penalty

A judicial penalty is different.

It may become relevant only later, after a court is involved.

A judicial penalty may be possible if:

• the IND decision period passed
• you sent Form 9001 / notice of default
• the IND still did not decide after the required waiting period
• you filed a late-decision appeal with the court
• the court gave the IND a new deadline
• the IND missed that new court deadline

So the judicial penalty is connected to a court deadline, not simply to the fact that the IND is late.

Does Form 9001 still matter?

Yes.

Form 9001 can still matter, even if it does not automatically lead to the old administrative penalty.

Form 9001 is often the formal step before a possible late-decision appeal.

It tells the IND that:

• the decision period has passed
• you still have no decision
• you are formally putting the IND in default
• you are asking the IND to make a decision

If the IND still does not decide after the required waiting period, you may be able to file a late-decision appeal with the court.

So Form 9001 may still be important — but mainly because it can help move the process toward a decision, not because it guarantees money.

When could a judicial penalty happen?

A judicial penalty may become relevant only after the court sets a new deadline and the IND misses it.

Usually, the sequence is:

1. The IND decision period has passed.
2. You send Form 9001 / notice of default.
3. The IND receives Form 9001.
4. More than 2 weeks pass after IND receipt.
5. The IND still has not made a decision.
6. You file a late-decision appeal with the court.
7. The court gives the IND a new deadline.
8. The IND misses that new court deadline.

Only then may a judicial penalty become relevant.

The court decides. You should not treat it as guaranteed.

Does a late-decision appeal guarantee money or approval?

No.

A late-decision appeal does not guarantee compensation.

It also does not guarantee that your IND application will be approved.

The main purpose is usually to ask the court to make the IND decide. If the court agrees, it may set a new deadline for the IND.

If the IND decides before missing that new court deadline, there may be no judicial penalty.

And even if the IND is ordered to decide, the final IND decision can still be positive or negative.

Should you file only because of possible compensation?

Usually, no.

If your only goal is to get money, be careful.

The possible penalty route is not automatic. It depends on the correct steps, the timing, the court process, and whether the IND later misses a court deadline.

A better way to think about it:

Main goal: push the IND to decide. Possible extra result: judicial penalty if the IND misses a court deadline.

What should you do if your IND decision is late?

Start with the correct order:

1. Check whether the official IND decision period has passed.
2. Check whether the IND sent an extension.
3. If the final deadline passed, look into Form 9001.
4. After Form 9001, count the waiting period from IND receipt.
5. If there is still no decision, check whether a late-decision appeal fits your situation.

Do not skip the earlier steps. Filing too early or using the wrong process can waste time.

Bottom line

You may still hear people talk about compensation for IND delays, but the rules are not as simple as:

“IND late = money.”

For cases covered by the new law, where the IND was put in default on or after 15 April 2025, the old administrative penalty no longer applies.

A judicial penalty may still be possible, but usually only after a court has set a new deadline and the IND misses that deadline.

So if your IND decision is late, focus first on the practical next step:

Check the deadline → send Form 9001 if appropriate → consider a late-decision appeal if the IND still does not decide.

Need help checking your next step?

Start here:

Is Your IND Decision Late? How to Check Your IND Decision Period

Then read:

Form 9001 / Ingebrekestelling: What It Is and When to Send It

If you already sent Form 9001 and the IND still has not decided, use our free checklist:

Before You File an IND Delay Appeal — Free Checklist

If the checklist matches your situation and you want a full walkthrough, the IND Delay Appeal Guide explains the online court form step by step, with screenshots, exact selections, upload guidance, and what to download after submitting.

This article is for general information only. It is not legal advice and does not replace advice from an immigration lawyer or legal professional.