What are the key facts about an entry ban in the Netherlands?
An entry ban means you may not enter or stay in the Netherlands or the rest of the Schengen area for a set period. In short:
- It applies only to people who are not citizens of the EU, the EEA or Switzerland.
- It is always linked to a return decision (terugkeerbesluit), the formal order to leave the Netherlands.
- It can be imposed by the Immigration and Naturalisation Service (IND), the aliens police (AVIM), the Seaport Police or the Royal Netherlands Marechaussee (KMar).
- It usually lasts one or two years, and ten or twenty years if you are considered a danger to public order or national security.
- The period starts on the day you leave the EU, not on the date of the decision.
- It is recorded in the Schengen Information System (SIS), so border guards and police in every Schengen country can see it.
- You can object or appeal within four weeks. The decision states whether you may wait for the outcome in the Netherlands.
Entry ban or declaration of undesirability: which one applies to you?
Non-EU nationals who must leave usually receive an entry ban. EU, EEA and Swiss citizens, their family members and others outside the Return Directive can instead be declared undesirable.The difference matters. It decides which grounds the authorities must show, how long the measure lasts, how you can have it lifted and which court reviews it. So when a decision arrives, first establish which of the two you are holding.The entry ban implements the European Return Directive. It is imposed on a non-EU national together with a return decision. This happens because the person did not leave within the departure period they were given, or because no departure period was granted at all. No departure period is granted where there is a risk that the person will evade supervision, where an application was rejected as manifestly unfounded or fraudulent, or where the person is seen as a danger to public order or national security. The decision is taken on behalf of the Minister responsible for migration. In practice the IND, the aliens police or the Royal Netherlands Marechaussee at the border take it.The declaration of undesirability applies where the entry ban cannot. Since the entry ban was introduced into Dutch law, it has become the main instrument for non-EU nationals. The declaration of undesirability is used for citizens of the EU, the EEA and Switzerland and their family members, and for other foreign nationals who fall outside the Return Directive. Its grounds are set out in article 67 of the Aliens Act 2000. They include repeated offences under that Act by a person without lawful residence, an irrevocable conviction for an offence carrying three years’ imprisonment or more, and a danger to public order or national security where the person has no lawful residence.Do the consequences of the two measures differ?
Hardly. Whichever measure applies, the practical effect is the same. You may not be in the Netherlands and, because the alert is shared, you may not enter the Schengen area. Any residence permit is withdrawn or refused, and while the measure stands you cannot hold lawful residence here. The measure is entered in the Schengen Information System as an alert for refusal of entry, which border officials and police consult. If another Schengen state still wants to grant you a residence permit, the states must first consult each other.Since 7 March 2023 the return decision itself is also entered in the SIS. While you are still in the EU, border guards and police see an alert for the return decision. Once the IND has confirmed that you have left, that alert is converted into an entry ban alert. When the ban has expired, the alert is removed and you may travel to the Netherlands again. If you are considered a danger to public order or national security, the authorities can also take a separate decision to issue an alert (besluit tot signalering). That decision can stand on its own, for example when return is not possible for the time being. Note that the ban covers the Schengen area, not the whole EU: Ireland, for instance, is outside Schengen and applies its own rules.
There is one difference in the criminal consequences. Under article 197 of the Dutch Criminal Code (Wetboek van Strafrecht), it is an offence to stay in the Netherlands while you know, or have serious reason to suspect, that you have been declared undesirable. The maximum penalty is six months’ imprisonment or a fine. The same applies to a person with the heavier type of entry ban under article 66a(7) of the Aliens Act 2000, known as the heavy entry ban (zwaar inreisverbod). That ban is imposed on grounds such as a serious conviction or a danger to public order or national security. An ordinary entry ban carries no such criminal sanction. Unlawful residence does remain a ground for detention and removal.How long does an entry ban last, and when does the period start?
The standard period is two years, and the period only starts to run on the day you actually leave the EU. A heavier ground leads to a longer ban of ten or twenty years.Under the Return Directive the ceiling in ordinary cases is five years. That ceiling does not apply where the person is a serious threat. The Aliens Decree (Vreemdelingenbesluit 2000) then provides for ten years where there is a serious threat to public order or public safety, for example after a conviction for a violent or drugs offence or a substantial prison sentence. It provides for twenty years where national security is at stake, for example after a terrorism conviction. For the longer terms the authorities must show that the person is a genuine, present and sufficiently serious threat to a fundamental interest of society. The court tests that at the time of its own ruling, not at the date of the decision.The IND applies the following periods in practice.
| Situation | Usual duration of the entry ban |
|---|---|
| Overstay of more than 3 and up to 90 days | 1 year |
| Return decision not followed, for example no departure within the departure period | 2 years |
| Danger to public order | 10 years |
| Danger to national security | 20 years |
What can lead to an entry ban or a declaration of undesirability?
Which grounds lead to which outcome?
| Situation | What has to be established | Usual outcome |
|---|---|---|
| Failure to leave within the departure period | A return decision, a departure period that has expired and continued presence | Entry ban, standard duration |
| Risk of absconding or fraudulent application | Concrete facts justifying refusal of a departure period | Immediate entry ban without departure period |
| Conviction while holding a residence permit | Sentence weighed against lawful residence on the sliding scale | Withdrawal of the permit, return decision and entry ban |
| Serious threat to public order or public safety | A genuine, present and sufficiently serious threat, individually assessed | Entry ban of extended duration |
| Threat to national security | Individual assessment on national security grounds | Entry ban of the longest duration |
| EU or EEA citizen or family member | Personal conduct meeting the free movement threshold | Declaration of undesirability rather than an entry ban |
How are EU citizens protected?
EU free movement law sets a much higher threshold for EU citizens and their family members. A previous conviction alone is not enough; the measure must rest on the person’s own current conduct.That conduct must be a genuine, present and sufficiently serious threat to a fundamental interest of society. Considerations of general prevention, meaning the wish to deter others, are expressly excluded.Protection increases with length of residence. An EU citizen with a right of permanent residence may only be removed on serious grounds of public policy or public security. An EU citizen who has lived in the host state for the previous ten years, and a minor, may only be removed on imperative grounds of public security, unless removal is in the best interests of the child. Before taking any measure, the authorities must weigh length of residence, age, state of health, family and economic situation, social and cultural integration and the strength of links with the country of origin.That framework is why a Dutch measure against an EU citizen can be vulnerable. A decision that recites a conviction without an individual assessment of present dangerousness, or that fails to weigh the required factors, can be set aside by the court.How do you challenge the decision, and within what deadline?
Which arguments carry weight?
A challenge succeeds on law, not on sympathy. Four lines of argument do most of the work: proportionality, present dangerousness, procedure and duration.The first is proportionality under the right to respect for private and family life (article 8 of the European Convention on Human Rights). Where the person has a partner, children or a long-established private life in the Netherlands, the authorities must weigh the interference against the public interest. They consider the nature and seriousness of the offence, the time that has passed and the person’s conduct since, the family situation, the difficulties the family would face in the country of origin, the best interests of any children and the strength of the person’s ties here. A decision that lists these factors without genuinely weighing them is vulnerable. For long-resident families, this is often the strongest ground for reducing or lifting a ban.The second is the individual assessment of dangerousness. Both the extended entry ban and any measure against an EU citizen require a present and genuine threat. Evidence of what has happened since the offence goes directly to that question: a completed sentence, treatment, stable work, a settled family situation and no further convictions. Because the court assesses the position at the date of its own ruling, you can bring in developments after the original decision.The third is procedural. Was the person heard before the decision was taken? Was the file complete? Do the reasons respond to what was put forward? Were the correct provisions applied, and was the correct measure chosen, for example an entry ban where a declaration of undesirability was required, or the reverse? Errors of this kind can lead to annulment, even where the outcome may eventually be the same.The fourth is duration. Even where a measure is justified in principle, its length must be proportionate to the individual case. Arguing the duration down, for instance from an extended term to the standard term, is often more realistic than arguing the measure away altogether. It still makes a real difference to the person’s future.Can an entry ban be lifted or suspended?
Yes. Besides an appeal, you can ask the IND to lift the ban early or to suspend it temporarily for a short stay.An entry ban can be lifted or suspended on request, for humanitarian or other reasons. A temporary suspension can be sought where there is a compelling reason to be in the Netherlands for a limited period. Examples are a funeral or the serious illness of a close relative, a court hearing at which you must give evidence, or your own criminal case. The request must be specific, supported by evidence and made in good time. A general claim of hardship will not do.When can a one-year or two-year ban be lifted early?
The IND can lift a one-year or two-year entry ban early if all of these conditions are met. You left on your own, voluntarily or independently. You have been outside the EU without interruption for at least half of the ban’s duration. You have not committed serious offences and are not being prosecuted. And you are not a danger to public order or national security. For a two-year ban, you must also not have been through an earlier return procedure. For a ban of ten years or longer there are no rules for early lifting; a request can then only succeed on compelling personal grounds.
Send copies of all passport pages since the ban, evidence of where you have lived during the ban, and official certificates showing that you have no serious convictions and are not being prosecuted. Foreign documents must be legalised and, where needed, translated. For a temporary stay, add the planned arrival date, flight details and proof of accommodation.
A declaration of undesirability is lifted only on request, and only once the person has been outside the Netherlands for the period the Aliens Decree sets for that ground. Prepare that request carefully: a refusal has to be challenged in its own right, with its own deadline. Our appeal lawyers handle both routes.What does the procedure look like, step by step?
| Step | What happens | Period |
|---|---|---|
| Decision announced | The return decision, entry ban or declaration of undesirability is served, with the reasons and the remedy stated | Day one |
| Objection or appeal lodged | Filed with the IND or with the district court, depending on the decision | Four weeks; one week in accelerated procedures |
| Interim measure requested | Application to the preliminary relief judge to prevent removal or restore access pending the outcome | Immediately; days where removal is imminent |
| Review of the objection | The IND reconsiders, if necessary after hearing the person concerned | Weeks to months |
| Appeal to the district court | The aliens division reviews the decision, assessing dangerousness as at the date of its ruling | Months |
| Further appeal | Administrative Jurisdiction Division of the Council of State | Four weeks to lodge; months to decide |
What happens with detention, removal and departure?
An entry ban is usually part of a wider process aimed at actual departure. Leaving voluntarily is almost always the better option, because it starts the clock on the ban.Once a return decision stands and the departure period has passed, the Repatriation and Departure Service takes over the practical side. Departure can be voluntary, and the International Organization for Migration (IOM) assists with voluntary return, sometimes with practical or financial support. Voluntary departure is not merely the lighter option. It starts the period of the entry ban, avoids detention and leaves a much better record for any later application.Where departure does not follow, the Aliens Act allows detention with a view to removal. Detention is a last resort. It requires a prospect of actual removal within a reasonable time and a ground for believing that the person will evade supervision. The authorities must also consider whether a lighter measure would be enough, such as a reporting obligation, a deposit or a duty to stay at a designated location. Detention that has become pointless, because removal cannot in fact be achieved, must end.The safeguards are substantial. Detention is brought before the district court quickly. If the detained person does not appeal themselves, the court is notified automatically, so nobody in detention is left without judicial review. The court examines whether the detention is lawful and whether the authorities are pursuing removal with due speed. It can order release and award compensation for unlawful detention. Under the Return Directive, detention for removal is capped at six months as a rule. It can be extended to a maximum of eighteen months in defined circumstances, for example where the person frustrates the process or the country of origin does not cooperate in issuing travel documents.Sometimes removal is genuinely impossible through no fault of the person concerned. An example is a country of origin that refuses to issue a travel document (laissez-passer) despite full cooperation. In that case a no-fault residence permit (buitenschuldvergunning) can be applied for. The conditions are strict and the applicant must prove full cooperation, but it is the correct route for a small group of cases that would otherwise remain in limbo.What happens if you enter or stay while a measure is in force?
You risk prosecution and a longer measure. Trying anyway is understandable, but it is almost always a mistake.A person who stays in the Netherlands while knowing, or having serious reason to suspect, that they have been declared undesirable or have a heavy entry ban on public order or national security grounds commits an offence carrying up to six months’ imprisonment. A conviction adds a Dutch criminal record to an immigration problem. That makes every later application harder and can itself justify a longer measure.Entering through another Schengen state does not work as an escape route either. The alert is visible at every external border and in the systems police use across the area. An attempt is therefore usually detected on entry, at a routine check or when an application is filed elsewhere. Being returned by another member state adds a further negative record to the file.What must the decision itself tell you?
Read the decision closely before doing anything. It must contain four things a challenge depends on.It must state which measure has been imposed and under which provision. It must state the duration and, for a longer term, explain the individual assessment behind it. It must give reasons that respond to what was put forward before the decision, including any family circumstances raised. And it must state the remedy, the court or authority to which it lies and the period within which it must be used.If any of those elements is missing, or is covered only in standard wording, that is a defect worth raising. A decision that recites a conviction and a legal provision without assessing the individual and their circumstances does not meet the standard the courts apply.What are the practical consequences, and what can you do about them?
The measure reaches further than the border. It affects visa and residence applications across Schengen, family reunification, naturalisation and employment.Because the alert is visible across the Schengen area, a visa application in another member state will reveal it. A residence application in another state triggers consultation between the authorities rather than a straightforward refusal. Family reunification with a partner or children in the Netherlands is blocked while the measure stands, and a pending naturalisation application cannot succeed. For employers, an employee subject to a measure can no longer be posted to or through the Schengen area. Continuing to employ a person without lawful residence carries its own penalties for the employer.Some consequences are often misunderstood. A measure does not in itself bar the person from countries outside Schengen. Some of those states do ask about immigration refusals on their visa forms, and an untruthful answer creates a new problem. Nor does the measure erase the right to family life. It means that right has to be asserted through the routes described above.For the person concerned, three things make a practical difference. Keep proof of the date you left, because the duration runs from it. Keep the address at which the authorities can reach you up to date, because a decision sent to an old address still starts the deadline. And gather now the material a later request to lift the measure will need: evidence of family ties, work, treatment or rehabilitation and the absence of further offences.For employers and businesses, the useful step comes earlier still. Check immigration status at recruitment and monitor it during employment. Diarise permit renewals well in advance, and treat any letter from the IND as urgent rather than filing it. Many entry bans follow an administrative failure rather than a criminal conviction: an expired permit, an unread letter, a missed departure period. Those problems are the cheapest to prevent and the most expensive to repair. Our immigration law practice advises both individuals and employers on this.What if your family stays behind in the Netherlands?
An entry ban does not dissolve a family. Parental authority and the child’s right to contact continue, and maintained contact also strengthens a later request to lift the ban.Where there are minor children, parental authority continues wherever the parent is. A parent abroad keeps their say in decisions about the child unless a court has ruled otherwise. The child’s right to contact with both parents is a separate right that the child holds. A contact arrangement can be recorded in a parenting plan or set by the family court. It can be shaped realistically around the ban, with contact in the country of origin or a third country, supplemented by regular video calls. Where the arrangement is being frustrated, the family court is the forum, not the IND.Those same facts feed back into the immigration case. The interference with family life is assessed by reference to the actual relationship. Documented and maintained contact strengthens a later request to lift or shorten the ban, while a long period without contact weakens it. Practical evidence matters: travel records, message and call logs, involvement in school and medical matters, and payments made for the child.Finally, a partner or child left in the Netherlands may face their own immigration question if their permit depended on the person who has been removed. A dependent permit can sometimes be continued on independent grounds, but this must be applied for in time and is not granted automatically. Where one measure affects a family, look at both sides together rather than one after the other.In summary
- An entry ban applies to non-EU nationals with a return decision; EU, EEA and Swiss citizens and their family members can instead be declared undesirable.
- An entry ban usually lasts one or two years, and ten or twenty years for a danger to public order or national security. The period starts only when you leave the EU.
- You have four weeks to object or appeal, and an interim measure is needed to stop removal while the case runs.
- Strong arguments are family life under article 8 ECHR, present dangerousness, procedural errors and the length of the ban.
- A one-year or two-year ban can be lifted early under strict conditions; staying despite a declaration of undesirability or heavy entry ban is a criminal offence.
Frequently asked questions
The answers below are general. Which one applies to you depends on your nationality, the measure imposed and the ground it rests on.What leads to an entry ban or a declaration of undesirability in the Netherlands?
For non-EU nationals, an entry ban follows a return decision, for example when you overstay your visa, do not leave within the departure period or pose a danger to public order. A declaration of undesirability can follow, among other grounds, an irrevocable conviction for an offence carrying three years’ imprisonment or more, or repeated offences under the Aliens Act without lawful residence. For EU citizens and their family members, a measure requires a present and serious threat based on their own conduct.
How can I challenge an entry ban in the Netherlands?
You lodge an objection with the Immigration and Naturalisation Service (IND) or an appeal with the district court, depending on what the decision states. The deadline is four weeks from the day after the decision is announced, and shorter in accelerated procedures. Support the challenge with evidence, and ask the court for an interim measure if you need to prevent removal while the case runs.
How does an entry ban affect my personal and professional life?
While the ban runs, you may not travel to the Netherlands or the rest of the Schengen area, including for work, business meetings or family visits. Family reunification in the Netherlands is blocked, and other Schengen states will see the alert when you apply for a visa or residence permit. Some countries outside Schengen also ask about earlier refusals on their visa forms, so answer those truthfully.
How can I prevent an entry ban in the Netherlands?
Make sure you always hold valid residence documents, apply for renewals in good time and meet the conditions of your visa or work permit. If you receive a return decision, leave within the departure period and keep proof of your departure. Read every letter from the IND promptly and have a lawyer check any decision before the deadline expires.
How can we help with an entry ban or a declaration of undesirability?
Law & More assists individuals, families and employers in these cases. We establish which measure has been imposed and on what basis. We lodge the objection or appeal within the deadline and apply for an interim measure where removal is imminent. We build the proportionality argument on family and private life, and we request the lifting or temporary suspension of a measure that is already in force. We also advise employers whose staff are affected.The deadlines in this area are short and strict. Whether a case can still be argued is usually decided in the first weeks after the decision.Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
