A return decision is the decision establishing that a foreign national is not, or no longer, lawfully resident in the Netherlands, together with an obligation to leave. It is the basis for enforced departure and for any entry ban.
Legal basis
Article 62 of the Aliens Act 2000 requires a foreign national to leave the Netherlands of their own accord once lawful residence ends, in principle within four weeks. Article 62a governs the return decision for those who never had lawful residence. The basis lies in Return Directive 2008/115/EC, whose scope the Court of Justice has elaborated in a series of judgments. Article 62(2) allows the departure period to be shortened or dispensed with, among other things where there is a risk of absconding or a danger to public order. In that event an entry ban under Article 66a is almost always issued at the same time.
How it works in practice
The return decision is often part of the refusal of a residence application; refusal and return decision then appear in the same document. Objection or appeal is available, within the same period as against the refusal. Importantly, an appeal does not automatically suspend the obligation to leave: that usually requires a separate application for interim relief.
Where it goes wrong
The departure period expires while the person believes the appeal protects them. A second error is failing to challenge the entry ban separately, as it has independent consequences across the Schengen area. Third, medical circumstances or children’s interests are raised at a late stage, when they should be weighed in setting the departure period.
Related terms
The decision connects to the entry ban, to immigration detention and to withdrawal of a residence permit.
Have you received a return decision? Our immigration lawyers assess the deadline and the remedies.
