Article 14 of the Vreemdelingenwet (Vw) and IND working-instructions establish that an applicant who filed for an extension or change of permit before the previous permit expired generally retains the rights of that previous permit during the IND's processing. Work, healthcare, BRP registration, public services, all continue. The mechanism is called "voortgezet verblijf in afwachting van de beslissing" and the proof is the IND's confirmation of timely receipt.
Vw 14 · continued residence rights during processing of a timely application
Under Vw 14 and IND Werkinstructie practice, if the IND received your extension or change-of-permit application before your previous permit expired, you retain the lawful-residence status that previous permit gave you, during the IND's processing. This includes the right to work (if the previous permit allowed it), to healthcare under the basic insurance, to remain in the Netherlands, and to use public services.
The key is "in time". Filed one day before expiry: you keep your rights. Filed one day after expiry: a more difficult "no-fault residence (buiten schuld)" or new-application route applies.
The IND issues an automatic confirmation of timely receipt (the "ontvangstbevestiging" with a tijdig-indiening notation) when the application is filed on time. This is the document an employer or healthcare provider asks for as proof of continued rights. Some IND units also issue a sticker in the passport confirming the extension is pending; others operate paper-only. The Mijn IND portal shows the same information online.
| Previous permit | Work right during pending extension |
|---|---|
| Highly-skilled migrant (Kennismigrant) / EU Blue Card | Yes, with the same employer or sponsor |
| ICT permit | Yes, with the same intra-corporate sponsor |
| Family-reunification permit | Yes, same scope as the original permit |
| Asylum permit (verblijfsvergunning asiel bepaalde tijd) | Yes, free labour-market access continues |
| Student permit | Yes, with the same student-work restrictions |
| Naturalisation (no underlying permit change) | Permit holder continues working under that permit; naturalisation does not affect work |
The continued-work rights persist for the entire processing period, regardless of how long the IND takes. The applicant is not penalised for the IND's delay. The Notice of Default route applies in parallel: the procedural lever pressures the IND to decide, while the applicant continues working under the previous permit. The two run independently.
We do not provide HR or employment-law advice. What we do: when a highly-skilled migrant or family-reunification extension is past the IND's statutory term, we file the Notice of Default within 24 hours of the file being opened, so the procedural pressure begins immediately. The continued-work rights remain in place throughout. The €8.75 file fee covers the audit, the Notice, and the registered mail.