Vw 42 is the statute that gives the IND six months to decide an asylum application.

The statutory text

Vw 42(1) reads: "The decision on an application for asylum shall be made within six months of receipt of the application." Vw 42(4) provides for extension by up to nine months on grounds of complexity, mass arrivals or the need for further investigation, implementing article 31(3) of the EU Asylum Procedures Directive. The total maximum decision-term under Vw 42 is therefore fifteen months.

Which applications fall under Vw 42

• First-time asylum applications filed at the IND (typically via Ter Apel application centre).
• Family follow-on (Nareis) applications for family follow-on of recognised refugees and subsidiary-protection holders (filed at embassies or the IND).
• Subsequent asylum applications (herhaalde aanvragen) based on new facts and circumstances under Vw 4:6 — the six-month term restarts.
• Status determination requests for transit to a different protection category (e.g. refugee status to subsidiary protection).

What does not fall under Vw 42: regular residence permits (Vw 25 with three months), MVV embassy stage (separate timelines), naturalisation (RWN 9(4) with twelve months).

When the clock starts

The clock starts on the day after the IND receives the complete application. For first-time asylum at Ter Apel, this is the day after the M35-A (asylum application form) is filed. For family follow-on at an embassy, it is the day after the embassy formally accepts the application. The Ter Apel rest-and-preparation period (rust- en voorbereidingstermijn, three weeks) is counted separately and runs before the decision-clock. After the formal interview (eerste asylum interview and nader asylum interview), the IND has the remaining time within the six-month window to issue the decision.

Extensions under Vw 42(4)

The six-month term can be extended by up to nine months total (maximum decision-term: fifteen months). The grounds in Vw 42(4) are:

• Complexity. The case raises particularly complex legal or factual questions.
• Mass arrivals. A large number of simultaneous applications places exceptional pressure on the IND.
• Need for further investigation. Additional evidence-gathering or expert opinion is required.

The extension must be communicated by letter under Awb 4:14 before the original six months expires, identifying the new term and stating one of the three grounds.

Extensions must be specific, justified and timely. A status update is not an extension. Without a valid Vw 42(4) letter, the six-month term stands and the Notice route opens at month six.

Suspension under Awb 4:15

As with all administrative decisions, the Vw 42 clock can be suspended under Awb 4:15 when the IND formally requests missing information from the applicant. The pause runs from the request to the response. DNA testing (common in family follow-on) is a typical Awb 4:15 trigger. Internal IND processing, security checks via AIVD, or background-check consultations with foreign agencies do not pause the clock.

The procedural lever when the term expires

When six months have passed (or fifteen with a valid extension) without a decision, the applicant can serve a Notice of Default citing Vw 42, Awb 4:17 and Awb 6:12. The IND then has fourteen days to decide. Most asylum cases move within this window because the case file is already largely complete; the delay is typically in the writing-up stage. If the IND does not decide, the daily penalty (dwangsom) starts to run (€23 → €35 → €45/day, capped €1,442) and the Awb 6:12 fictive-refusal route to court opens.

Asylum-specific considerations

Asylum cases have additional features that make the Notice route especially effective:

• The applicant typically has lawful presence (Vw 8(f)). The Notice is filed from a position of legal residence. Withdrawal of the application means immediate departure obligation.
• The procedural lever does not affect the substantive review. Forcing a decision does not change what that decision will be. A well-prepared file with strong evidence still leads to recognition; a weak file still leads to refusal. The Notice only addresses the delay.
• The daily penalty is a real cost to the State. €1,442 per delayed case multiplied across the asylum backlog creates real budgetary pressure. The IND has internal directives to prioritise files that have received a Notice.
• The Awb 6:12 route is free of court filing fee (griffierecht) under Awb 8:41(3). The court appeal against absence of decision costs nothing to file.

Where MigrationProvision sits

Asylum and family follow-on files are the largest single share of our caseload. The substantive case is built by VluchtelingenWerk Nederland, a specialised lawyer, or the applicant directly with the IND-appointed asylum lawyer (toegevoegde lawyer). Our role is procedural: when six months have passed without a decision and no valid extension letter has been sent, we file the Notice for €8.75. The Notice does not argue the substantive merits; it forces the procedural step.