What is an entry ban?
The result of an entry ban is that you are no longer allowed to travel to the Netherlands, other EU and EEA countries, and Switzerland. You are also not allowed to be in these countries. The entry ban does not apply to Ireland. An entry ban can only be imposed on you if you have received a return decision.
Find out what a return decision is.
Do you have EU, EEA or Swiss nationality? Then you cannot be subject to an entry ban, but you can be pronounced undesirable. Read more about pronouncement of undesirability.
Entry ban situations
In the following cases, an entry ban may be imposed on you:
- You were given a return decision and you did not leave the Netherlands in time.
- You were given a departure period of 0 days. You were also not exempted from having an entry ban imposed on you.
- Your visa is no longer valid and you did not leave the Netherlands in time.
- You have stayed longer than the visa-exempt term. This is called overstay. The permit-exempt term is the maximum period of time you are allowed to be in the Schengen area without a visa. This is 90 days in a 180-day period.
- You are in the visa-exempt term, but no longer meet the general conditions. For example, because you do not or no longer have enough money.
- You are an asylum seeker with little prospect of being granted asylum and you have withdrawn your asylum application. Withdrawing your application means to stop or cancel it.
- The IND has cancelled your residence permit or has not renewed it. It concerns a residence permit to live in the Netherlands for a certain purpose of residence. It does not concern an asylum residence permit. The reason for stopping or not renewing your residence permit is not that you no longer fulfil the purpose of residence.
Are you in the Netherlands on a short-stay visa or in the permit-exempt term? Are you also unable to leave the Netherlands in time through no fault of your own? Sometimes it is possible to extend your visa or permit-exempt term.
An entry ban is given in a decision
The IND, police (AVIM), Seaport Police and Royal Netherlands Marechaussee (KMar) may impose an entry ban. If an entry ban is imposed on you, this is given in a decision. The decision explains the reasons for the entry ban and how long it lasts. You will receive a flyer about the entry ban together with the decision.
Application for review or appeal against an entry ban
You can apply for review against an entry ban or you lodge an appeal at court. Whether you apply for review or immediately lodge an appeal depends on how you were given an entry ban. Because an entry ban may be part of a decision on an application for permission to be in the Netherlands, or not.
The entry ban is part of a negative decision on an application
You applied for a residence permit, for example, and you received a negative decision. The negative decision tells you whether you can apply for review or appeal. It also tells you whether you are allowed to wait for the result in the Netherlands. The same applies to the entry ban.
The entry ban is not part of a negative decision on an application
You can immediately lodge an appeal to the Aliens Division of the district court in The Hague. You are not allowed to wait for the appeal in the Netherlands. This means you still need to leave the Netherlands.
Consequences of an entry ban
An entry ban has a number of consequences as follows.
Being in the Netherlands is a criminal offence
Coming to the Netherlands is also a criminal offence. You could receive a prison sentence of up to 6 months or a high fine. The Dutch government can also remove you from the country. This is also possible when your prison sentence has ended.
Entry ban recorded in information system
Your personal data will be recorded in an information system because of your entry ban. This is called an alert. Other countries will know that you are subject to an entry ban. The decision states in which system you will be recorded. There are two systems:
Executie & Signalering (Implementation and Detection, E&S): this is an information system of the Dutch police. Only the Dutch police and Royal Netherlands Marechaussee can consult E&S.
Schengen Information System (SIS): all governments of Schengen Countries are connected to the SIS. Immigration officers can consult the SIS.
Is your entry ban no longer valid? Alternatively, has your application to have the entry ban lifted been approved? Then your data will be removed from E&S and SIS.
Right of residence in EU or EEA and consequences for entry ban
Have you gained a right of regular residence (no asylum) in a EU or EEA country (except Ireland) or Switzerland after receiving a Dutch entry ban? If you have a 1- or 2-year entry ban and you have not committed a crime, your entry ban will be lifted. The Dutch authorities will also remove the registration of your entry ban from the Schengen Information System.
If you have you committed a crime, or your entry ban is valid for over 2 years, then your entry ban will remain in force. However, it will be recorded in the Implementation and Detection System (E&S). Your entry ban will also be published in the Government Gazette. You can check this yourself by searching for your full name on the Government Gazette website
Are you granted asylum (international protection) in an EU/EEA country (except Ireland) or Switzerland after an entry ban from the Netherlands? Your entry ban will be lifted and the Netherlands will remove your alert from the Schengen Information System. You can receive a pronouncement of undesirability
if you are a danger to the public order. In that case, an alert will be registered to you in the Implementation and Detection (E&S) information system.
How long an entry ban lasts
The decision states how long your entry ban lasts. This is usually 2 years. Whether the entry ban is longer or shorter depends on your situation:
- 1 year: for overstay of over 3 and up to 90 days.
- 2 years: usual period (for example for overstay of more than 90 days).
- 10 years: if you pose a risk to the public order (peace and order in the streets and public buildings).
- 20 years: if you pose a risk to the public order and national security.
An entry ban for 1 or 2 years is a light entry ban. An entry ban for more than 2 years is a heavy entry ban.
Start of entry ban
Your entry ban is for 1, 2, or more years. The period becomes effective on:
- the date on which you actually leave the EU/EEA and Switzerland; or
- the date you return to another EU/EEA country or Switzerland, if you are allowed to live there.
End of entry ban
Has the period of the entry ban ended? Have you also followed the provisions of the entry ban? Then it automatically ends. Afterwards, you can travel to the Netherlands, other EU/EEA countries and Switzerland again.
Request to lift or temporarily lift an entry ban
What if your entry ban is not over yet? In very exceptional and urgent situations, you can apply for it to be lifted temporarily. Having it lifted means stopping it.
Letter with request to lift the ban
Send a letter to the IND, asking for the ban to be lifted, and explain why. You can do this yourself or ask someone else (in the Netherlands) to ask for the ban to be lifted for you. You must give this person official permission to take action on your behalf. Write this down on paper with your signature. This is called an authorisation. Enclose this authorisation with the letter in which you ask for the ban to be lifted.
Send the letter to:
9560 AA Ter Apel
Did another EU/EEA country or Switzerland impose an entry ban on you? Then you must ask the other country to lift the ban.
Documents needed for a request to lift the entry ban
- Letter in which you ask for the ban to be lifted. You must also explain:
- What the important and compelling reasons in your personal situation are for the ban to be lifted (only applies to a heavy entry ban);
- That you have been away from the Netherlands continuously for at least half of the period of the entry ban (does not apply to a heavy entry ban);
- That you did not commit any serious crimes in this period;
- That there are currently no ongoing criminal proceedings against you.
- Copy of the page in your valid passport with your personal details.
- Copy of all the pages of every passport you have had since your entry ban, or of other documents needed to travel and cross the border.
- Overview of all the places where you have been since your entry ban. This is to show that you are outside the EU, EEA, or Switzerland during your application. Alternatively, that you have returned to an EU/EEA country or Switzerland, if you are allowed to live there.
- Proof of places where you have been since your entry ban.
- Letters from governments of countries where you have been after your entry ban, which explain that:
- you did not commit any serious crimes; and
- there are currently no ongoing criminal proceedings against you.
- If you give someone permission to ask for the ban to be lifted on your behalf, authorisation with your signature.