Immigration detention / Declaration of undesirability
In special cases, the IND can impose a declaration of undesirability. This is a very far-reaching measure that means that you are no longer allowed to be in the Netherlands and must leave the Netherlands. Citizens of the EU/EEA and Switzerland can also receive a declaration of undesirability. When can the IND impose a declaration of undesirability? For example, if you are staying in the Netherlands illegally and have already violated the Aliens Act more often. Or if you have been sentenced by a Dutch court for a sentence of which the maximum sentence for the crime is a prison sentence of 3 years or more. In some cases, the IND is of the opinion that someone is a threat to public order or national security.
In many cases we can assist you on the basis of an addition to lodge an objection or appeal against the declaration of undesirability. If the legal term has passed and no further legal remedies can be submitted, then the only thing that remains is to submit a request for the declaration of undesirability to be lifted. Unfortunately, this request is not eligible for an addition. It is often useful to make such a request through a lawyer, but this is not necessarily necessary. You can also submit this request yourself. If your request is nevertheless rejected, we can often lodge an objection and appeal against that rejection on the basis of an addition.
Consequences of declaration of undesirability:
– You must leave the Netherlands immediately
– Your stay in the Netherlands becomes punishable ex. article 197 Criminal law
– The Netherlands can deport you provided this does not conflict with Article 3 of the ECHR.
– You are signaled in an information system.
Request cancellation of declaration of undesirability:
You can ask for the (temporary) cancellation of the declaration of undesirability. For this you can use the form at the bottom, complete it and send it to the IND: Request for lifting of an undesirability or entry ban.
Or you can send a letter to the IND in which you request the (temporary) cancellation of the declaration of undesirability and explain why.
Also write down the following information:
– How long you have been away (continuously) from the Netherlands.
– Whether you committed serious crimes during that period.
– Whether you are currently being prosecuted for a criminal offence.
Someone else can also request cancellation on your behalf. You must then give that person official permission to take action on your behalf. You put this on paper with your signature. This is called an authorization.
Situations of cancellation of a declaration of undesirability:
The IND can (temporarily) cancel the declaration of undesirability in the following situations:
– It is necessary that you come to the Netherlands because of important situations in your family.
– You must come to the Netherlands to testify in court.
– You must come to the Netherlands because you have your own criminal case in the Netherlands.
– The declaration of undesirability is contrary to the European Convention on Human Rights (ECHR).
– You will receive a residence permit in the Netherlands after a previous declaration of undesirability.
Documents lifting the declaration of undesirability:
Please enclose the following information and documents with the form or your letter:
– An explanation of why the lifting of the declaration of undesirability is necessary in your situation.
– Your full personal data and other names (aliases) that you have used before.
– Copy of all pages of all your passports that you have had since your declaration of undesirability. Or other documents to be allowed to travel and cross the border.
– Overview and evidence of countries and places where you have been after your declaration of undesirability. This shows that you are outside the Netherlands during the application for cancellation. Or that you have returned to an EU country where you are allowed to live.
– Official documents from the government of every country where you have been after your declaration of undesirability. This states that you have not committed any serious crimes in the country. And that you are currently not being prosecuted for any criminal offense in the country.
– Do you need to be in the Netherlands temporarily?
Please also send the following information:
– Date of your arrival in the Netherlands and the place where you enter the Netherlands.
– Flight numbers of the outward and return flight.
– Overview of all places where you will stay in the Netherlands. And proof that provides certainty about your stay and its costs.
– In case of a criminal case: information about the status and progress of the criminal case.
– If you give someone else permission to request cancellation on your behalf: an authorization with your signature.
Have official foreign documents legalized and translated into Dutch, English, French or German.
Below you will find a button to download a PDF file with which you can complete the form
“Request to lift a declaration of undesirability or entry ban”.
Click on the “Download form” button to obtain the document.