Late decision on EU verification application
Wednesday 30 September 2026
The statutory decision period for an EU verification application is 6 months. However, in the past year, the IND has been taking much longer to process these applications. In practice, our firm has encountered several applications where the processing time has been up to a year. This article details the steps you can take to encourage the IND to make an earlier decision.
Process
Step 1: Submit a notice of default to the IND
After the statutory decision period mentioned in the IND’s letter confirming receipt of your application has passed, you can send the IND a notice of default. A notice of default informs the IND that they are late with their decision and provides the IND a period of two weeks from date of receipt to decide on your application.
Risk of submitting a notice of default
Submitting a notice of default is not entirely without risk. When submitting a notice of default, it is important to have to content of your application be thoroughly assed. A notice of default urges the IND to make a decision. If any detail in your application is missing, you may then give the IND the opportunity to reject the application, without being put in the position to submit additional proof of meeting the requirement. A notice of default should not be taken lightly.
Note on penalties: Previously, after the two weeks had lapsed, the IND would be required to pay a daily fee for each day the decision on the application was delayed. However, since 15 April 2025, this policy has changed. No money is awarded to the applicant in case of a late decision after submitting the notice of default.
Step 2: Appeal to the court
If no decision on the application has been made two weeks after submitting the notice of default to the IND, it is possible to appeal to the court. The court will then determine a new decision date for the IND. The court can also choose to fine the IND for each day that they have not made a decision by the newly set decision date.
Assistance?
Would you like assistance with checking whether your application is sufficiently strong to be able to submit a notice of default and subsequently an appeal to the court? You can schedule an advice meeting with Ashley Bruce to discuss your situation further. Our solicitors at Orion Immigration Law have extensive experience in EU law residence matters and will be able to assist you to expedite decision in your application.
Ashley Bruce LL.M.
Ashley Bruce LL.M. is an experienced immigration lawyer. She helps private clients as well as companies with their immigration, relocation, compliance and citizenship matters.
