Background:

In the Netherlands, immigration officers are obliged by law to offer applicants for legal migration, including family reunification for beneficiaries of international protection, the opportunity to supplement an incomplete application at least once before a decision on the application is taken. Additionally, the immigration officer may grant extra opportunities at their own discretion. The Dutch Immigration and Naturalisation Service (IND) noticed that this can lead to delays or interruptions in issuing decisions. In this context, the Netherlands launched this ad hoc query on procedures for providing missing or supplementary information.

Respondents:

A total of 24 EMN Member and Observer Countries (including BE) provided a public answer to this ad hoc query.

Key findings:

A preliminary analysis of the results of this ad hoc query shows that:

• All responding countries offer applicants the opportunity to submit missing information (including documents) after filing an incomplete application.
   
• The national procedures vary in terms of obligations for immigration officers to request missing information. For example, in AT, immigration officers must allow applicants to correct deficiencies in their applications. BE has specific rules for different types of applications, such as family reunification and student visas, that grant additional time to submit missing documents.
   
• Immigration officers often have discretionary powers to request additional information. In many countries, officers can request additional documentation if necessary to conduct a comprehensive examination of the application. For example, in HR, officers can invite applicants to provide additional information whenever the existing documentation is insufficient. In FI, officers are required to inform applicants of any further evidence needed for their applications.
   
• Deadlines for submitting missing information vary significantly across the responding countries. In BE, applicants typically have 15 to 30 days to complete their applications, depending on the type of visa, while in AT, a "reasonable period of time" is given, but no specific duration is mandated. EL allows a maximum of 30 days for submission of additional documents, with the possibility of extending this period in complex cases.
   
• There is generally no formal limit on the number of times immigration officers can request additional information. Most countries, including BE, do not specify a maximum number of requests, allowing for flexibility based on individual cases.

For more information, please consult the compilation of answers above.