DAFT Denied? What to Do Next (and How to Prevent It)
Let's address the fear that keeps many would-be Dutch-American Friendship Treaty (DAFT) applicants up at night: what if I get denied?
The good news first: DAFT denial rates are low for well-prepared applicants. But denials do happen, and understanding why puts you in a much stronger position. Here is what causes denials, how to prevent them, and what to do if it happens to you.
How Common Are Denials?
The IND does not publish official DAFT-specific approval rates. But based on community data and immigration lawyer reports, well-prepared DAFT applications have a high approval rate -- most sources estimate above 90%.
The key phrase is "well-prepared." Applications that are incomplete, have errors, or fail to meet basic requirements are the ones that get denied. This is not a lottery. It is a checklist.
For the latest on approval statistics, see our DAFT success rate analysis.
The Most Common Denial Reasons
1. Incomplete Documentation
This is the number one cause of denial, and it is entirely preventable. Missing apostilles, expired FBI background checks, untranslated documents, or missing forms account for the majority of negative decisions.
The IND may give you a chance to supplement your application, but they are not required to. Some incomplete applications are simply denied.
Prevention: Use our complete DAFT documents checklist and verify every item before submitting.
2. Insufficient Business Plan
Your business plan does not need to be a 50-page MBA project. But it does need to demonstrate that your business is real, viable, and that you have thought about how you will generate income.
Plans that get flagged tend to be extremely vague about how you will earn money, describe activities that are not really self-employment, or show no evidence of existing clients or realistic revenue projections.
3. Criminal History Issues
The IND requires a clean criminal background check. Minor offenses from years ago may not be disqualifying, but serious convictions, recent offenses, or anything involving fraud can result in denial.
If you have a criminal record, consult an immigration lawyer before applying. They can assess whether your specific situation is likely to be a problem.
4. Deposit Not Properly Documented
The 4,500 EUR must be in a Dutch business bank account. Some applicants run into problems because the money is in a personal account, the account is not in the applicant's name, or the bank statement does not clearly show the required amount.
See the DAFT deposit requirements for exactly how this needs to be set up.
5. Not a US Citizen
DAFT is exclusively for US citizens. Permanent residents (green card holders), visa holders, and dual nationals of other countries cannot use DAFT unless they also hold US citizenship. This seems obvious, but it comes up.
What Happens If You Are Denied
If the IND denies your application, you will receive a written decision explaining the reason. From there, you have several options:
Option 1: Objection (Bezwaar)
You have 4 weeks from the date of the decision to file a formal objection with the IND. This is essentially asking the IND to reconsider. You can submit additional evidence, correct errors, or argue that the decision was wrong.
Success rate: Objections can work, especially if the denial was based on a fixable issue (missing document, unclear bank statement). They are less likely to succeed if the denial was substantive (ineligible business type, criminal history).
Cost: Filing an objection is free, but most people hire an immigration lawyer (500-2,000 EUR).
Option 2: Appeal (Beroep)
If your objection is denied, you can appeal to the Dutch district court within 4 weeks. This is a legal proceeding and you will need a lawyer.
Success rate: Lower than objections. Appeals succeed when the IND made a legal error in their assessment. They rarely succeed on the facts alone.
Cost: 2,000-5,000 EUR for legal fees.
Option 3: Reapply
Nothing prevents you from submitting a new application. If the denial was due to fixable issues (incomplete documents, weak business plan, expired background check), a new application with these problems corrected has a good chance of success.
Timeline: You can reapply immediately. There is no waiting period. But take the time to fix whatever caused the denial first.
For more detail on the denial and appeal process, read our what happens if DAFT is denied guide.
How to Prevent a Denial
Before You Apply
Get your documents right. Every apostille, every translation, every form. Have someone else review your application package before submission.
Write a real business plan. It does not need to be long, but it needs to be specific. Include what you do, who pays you for it, how much you charge, and your realistic revenue projections.
Be honest. Do not misrepresent your business, your finances, or your background. The IND is experienced at spotting inconsistencies.
Common Mistakes That Cause Delays or Denials
- FBI background check older than 6 months at time of submission
- Apostille on a copy instead of the original document
- Business plan that describes employment rather than self-employment
- Bank statements that are unclear or in a different name
- Missing health insurance documentation
Read more about mistakes that delay DAFT approval.
What We Wish We Knew: We triple-checked every document before submitting. It felt excessive at the time. Looking back, it was the smartest thing we did. One small error can add weeks or months to your timeline -- or result in a denial that could have been avoided entirely.
The Financial Impact of Denial
If your application is denied after you have already paid fees, those fees are generally not refunded. Here is what you could lose:
| Expense | Refundable? |
|---|---|
| IND application fee (~210 EUR) | No |
| MVV fee (~210 EUR) | No |
| Document preparation costs | No |
| Flights (if already booked) | Depends on ticket |
| DAFT deposit (if already transferred) | Yes (it is your money) |
The total non-refundable loss from a denial is typically $500-1,000 in fees and document costs. Painful, but not catastrophic. Your deposit remains yours.
When to Hire a Lawyer
Most straightforward DAFT applications do not require a lawyer. But consider hiring one if you have any criminal history, your business model is unusual or hard to explain, you have been denied before, or you are applying from within the Netherlands with a complex situation.
A good Dutch immigration lawyer costs 1,000-3,000 EUR for full application assistance. Worth it for borderline cases.
FAQ
Q: If I am denied, does it affect future visa applications to the Netherlands?
A: A DAFT denial does not create a black mark that prevents future applications. You can reapply for DAFT or apply for a different visa type. However, if the denial was due to fraud or misrepresentation, that could affect future applications.
Q: Can I apply for a different Dutch visa if DAFT is denied?
A: Yes. A DAFT denial does not prevent you from applying for other Dutch visa types like the highly skilled migrant visa or startup visa. Each visa type has its own requirements. See our visa comparison guide.
Q: How long does the objection process take?
A: The IND has 6 weeks to respond to an objection, but they can extend this. In practice, objections often take 2-4 months to resolve. If you then appeal to court, add another 3-6 months.
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We're not immigration lawyers -- just Americans who did this. Requirements change, so verify with official sources.