The embassy receives the application. The IND in The Hague takes the decision.

How the MVV procedure actually works

1. 1
   Application at the embassy

   The applicant attends an appointment at the Dutch embassy or consulate. Documents are collected, biometrics taken, the application fee paid.
2. 2
   Forwarding to the IND

   The embassy forwards the file to the IND within a working week. The applicant receives an acknowledgement (ontvangstbevestiging) confirming the IND has received the file.
3. 3
   IND decision-making

   The IND assesses the file against the substantive criteria (Vw 25 for regular residence; EU FRD 5(4) for family reunification). The statutory term in Vw 25 is 3 months from receipt by the IND.
4. 4
   MVV issuance at the embassy

   Once the IND has granted, the embassy is notified. The applicant collects the MVV sticker at the embassy. The embassy is the operational point of issuance, not the substantive decision-maker.

Who decides: the IND. Where the decision is collected: the embassy. The procedural lever therefore goes to the IND.

The legal source

Vw 8 lists the decision-makers in the immigration system; the IND is named for residence-permit decisions. The embassy's role is operational (intake, biometrics, issuance), not substantive. Awb 4:13 applies to the IND's decision-making term. A Notice of Default addressed only to the embassy is procedurally defective; it must address the IND.

Common applicant misconceptions

• "I'll write to the embassy because that's where I applied." The embassy is not the decision-maker. The Notice must address the IND.
• "The embassy said it's still waiting on the IND, so the embassy is at fault." The embassy is correctly relaying the status. The IND is the body whose term is breached.
• "I'll go in person to the embassy and ask." The embassy cannot accelerate substantive processing; the file is with the IND in The Hague.

The Notice of Default in MVV cases

The Notice addresses the IND, citing the date the IND received the file (per the ontvangstbevestiging), the applicable statutory term (3 months for regular, 9 months for EU family reunification under Directive 2003/86 art. 5(4)), and the absence of a decision. The IND's standard postbus address (Postbus 3211, 2280 GE Rijswijk) is the destination. A courtesy copy to the embassy is sometimes useful to keep the embassy informed but has no procedural effect.

Special procedural points for MVV files

• The 9-month EU ceiling for family reunification. EU Directive 2003/86 Article 5(4) sets a maximum of 9 months for family-reunification decisions. The Dutch national term of 3 months under Vw 25 is shorter and applies in parallel. The procedural lever applies as soon as either has been breached.
• Biometrics delays. If the embassy was slow to collect biometrics, the IND's clock did not start until the complete file was received. Check the ontvangstbevestiging.
• Cross-border courier issues. The IND notifies the embassy of grants via internal channels; the applicant collects the MVV at the embassy. If the grant decision is in but the MVV is not yet issued at the embassy, the procedural issue is operational, not statutory.
• Schengen short-stay visas are different. These are governed by the EU Visa Code, not the Vw. The procedural lever and term are different. The Notice route does not apply in the same way.

Daily penalty and the embassy route

The Awb 4:17 daily penalty applies to the IND because the IND is the decision-maker subject to Awb 4:13. The embassy is not a decision-maker for MVV purposes and is not the addressee of the daily penalty. Payment goes to the applicant's IBAN, in the applicant's name, from the IND. The fact that the applicant is abroad does not change the daily penalty mechanics; it changes only the practicalities of receiving the payment.

Cross-border Ombudsman and OHCHR routes

The Nationale ombudsman investigates Dutch administrative authority conduct and accepts complaints from applicants abroad. The complaint addresses the IND's silence. For severe cases, the UN Special Rapporteur route is also available; see our dedicated article. Both routes do not require physical presence in the Netherlands.

Where MigrationProvision sits

Embassy MVV files are the third most-common reason applicants come to us, after IND asylum and family-reunification cases inside the Netherlands. We handle them identically: the Notice addresses the IND, registered mail goes to Rijswijk, and the applicant follows up via the embassy as the operational point. The €8.75 file fee is unchanged; the only operational difference is the time zone of the applicant.