Immigration detention / Entry ban
In some cases, the IND imposes an entry ban on the Netherlands and the rest of the Schengen countries or a declaration of undesirability. This is a very drastic decision with far-reaching consequences. For example, your presence in the Netherlands or another EU country may be punishable. Our office has a lot of experience in filing objections and appeals against such measures. We can usually do such matters on the basis of an addition if you submit a timely objection/appeal. But we can also request on your behalf that an entry ban be lifted. Unfortunately, a cancellation does not qualify for an addition. But you can also submit this request yourself and if the request is rejected, we can work against that decision on the basis of an addition.
When can someone get an entry ban? For example in the following situations:
You have received a return decision. And you did not leave the Netherlands and other EU countries (without Ireland) in time.
You must leave immediately (departure period of 0 days) from the Netherlands and other EU countries (excluding Ireland). And there is no exception to impose (give) an entry ban.
Overstay occurs in the following situations:
– Your visa is no longer valid. And you did not leave the Schengen area in time.
– You stay longer than the free period. The free term is the maximum time during which you can be in the Schengen area without a visa. This is 90 days in a 180-day period.
– You are in the free period, but no longer meet the general rules of the free period. For example, because you do not have enough money (anymore).
– You are an asylum seeker with little chance of being granted asylum and you withdraw your asylum application. Withdraw means to stop or cancel.
The IND will withdraw your regular residence permit (not an asylum permit). Or the IND will not extend this residence permit. You still fulfill the purpose of residence. The withdrawal or non-renewal is for another reason.
When can you request cancellation?
– If you have already left the EU for at least half of the duration of the entry ban or longer. That is why it is wise to always coordinate your departure with a lawyer so that we report your departure to the IND.
– You have not committed any serious crimes during the course of the entry ban, nor are you being prosecuted for a criminal offence.
If you have received an entry ban, you may not travel to the Netherlands for the duration of the entry ban. If you do, you will be punishable under Article 197 of the Penal Code and Article 108 of the Aliens Act. Your name will be put on a list so that the other EU countries can also signal you.
I would like to submit a request for the lifting of the entry ban myself: Documents lifting the entry ban
Please enclose the following information and documents with the form or your letter:
– An explanation of why the lifting of the entry ban 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 entry ban. 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 entry ban. This shows that you are outside the EU during the application for cancellation.
– Official documents from the government of every country where you have been after your entry ban. 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.