Suspension of departure on medical grounds

Last update: 9 December 2024

You must leave the Netherlands, but you are unable to do so due to your medical condition. You want to apply for suspension of your departure on medical grounds according to article 64 of the Dutch Aliens Act (in Dutch: Vreemdelingenwet). Find out what the requirements are.

Requirements

You do not have a right of residency in the Netherlands, and because of that you are forced to leave the Netherlands. You meet one of the following requirements:

You are not able to travel due to your health. This is because of one of the following reasons:
- According to the Medical Advisors Office (BMA) your are not able to travel. The BMA exists of medical specialists who advise the IND about your health.
- You are pregnant, or you recently gave birth. You are not able to fly for a certain period.
- You receive medical treatment for tuberculosis (TB).
- You are admitted to a hospital or clinic. You receive medical treatment that is not possible outside the clinic.
The IND does not doubt your nationality and identity. And according to the BMA, there will be no medical emergency situation if you do not receive medical treatment. There is an emergency situation if, between 3 to 6 months, one of the following situations occurs:
- You will die or quickly become very ill or disabled.
- You can no longer care for yourself. It means you need help with your daily activities. For example, eating, drinking or going to the bathroom.
- You must be admitted to a psychiatric hospital.
In the country you must leave for, there is no medical treatment for your illness or complaints. Or you do not have access to medical treatment for your illness or complaints in that country.

Family members

If you are granted suspension of departure, the IND assesses whether your family members can also be granted suspension of departure. By family members we mean:

Your spouse.
Your unmarried partner.
Your children younger than 18.
Your children older than 18, if they were part of your family in your country of origin.
Are you younger than 18? Then it concerns your (step/foster) parents and brothers and sisters that were part of your family.

You need documents to prove you are family members.

Process and costs

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1. Check requirements open minus

A valid provisional residence permit (MVV) is needed for this application

Make sure you meet the requirements.
1. Check requirements open minus

Make sure you meet the requirements.
2. Collect documents open minus

The application form lists which documents you need. Collect all documents before you apply.
Have official foreign documents legalised and translated into Dutch, English, French or German.
2. Collect documents open minus

The application form lists which documents you need. Collect all documents before you apply.
Have official foreign documents legalised and translated into Dutch, English, French or German.
3. Apply open minus

You apply for suspension of departure in writing by post. The application form tells you where to send the application.
4. Pay for application open minus

The application for suspension of departure according to article 64 of the Aliens Act is free of charge.
5. Wait for decision on application open minus

The IND must decide within 8 weeks.
We can extend the decision period if it takes longer to decide. For example, if your application is not complete. In that case, the IND will send you a letter.
You do not have a right of residency while you are waiting for the decision. Sometimes, you get a temporary suspension of departure, because the IND has to wait for advice from the BMA. In that case, you do have a right of residency.
Follow the application in My IND.
Advice from BMA
The IND can ask the Medical Advisors Office (BMA) for advice. The BMA provides an advice with medical information from your doctors. These documents cannot be older than 3 months. We do not need advice from the BMA in case of pregnancy, tuberculosis or when you are in a hospital or clinic.
6. Decision suspension of departure open minus
You will receive the decision in a letter. The decision will be positive or negative.
- Positive decision: you will be granted suspension of departure.
- Negative decision: you will not be granted suspension of departure. You can object against this decision.

Application forms

Written application forms

Application for suspension of departure under Section 64 of the Aliens Act 7541 (PDF, 498.6 KB)