An entry ban bars a foreign national from entering and staying in the Netherlands, and in most cases in the whole Schengen area, for a defined period. It is normally imposed at the same time as a return decision, when someone has to leave the country.
Legal basis and duration
Article 66a of the Aliens Act 2000 implements the EU Return Directive. The standard duration is a maximum of two years, extended to five where the person did not leave within the departure period or has been convicted of an offence, and up to ten years or longer where they are considered a serious threat to public order or national security.
An entry ban of five years or less is registered in the Schengen Information System, which means the consequences reach well beyond the Netherlands: entry to any Schengen state is refused for its duration.
The period of departure
A return decision normally sets a departure period of twenty-eight days. Leaving within that period usually prevents an entry ban altogether, or keeps it short. Staying on has the opposite effect, and the difference between leaving on day twenty-seven and day twenty-nine can be years of exclusion.
Challenging or lifting it
An entry ban is a decision open to objection and appeal, within four weeks. Separately, a request can be made to lift it early, on grounds such as family life under Article 8 of the European Convention on Human Rights, medical circumstances or the interests of a child. The period only starts to run once the person has actually left the Schengen area, so remaining in the country prolongs the exclusion rather than shortening it.
Where it goes wrong
People frequently let the objection period lapse while hoping the situation resolves itself, which leaves only the harder route of a request to lift the ban. And the counting rule catches many: staying on illegally does not run down the clock.
Related terms
See also the residence permit and the provisional residence permit.
Our immigration law practice acts in objection, appeal and lifting proceedings.
