When you can be given an entry ban
You can only be given an entry ban to the Netherlands if you have had a return decision and do not have the nationality of one of the EU or EEA countries or Switzerland. The IND, the police (Aliens Police Identification and Human Trafficking Department or AVIM), the Seaport Police and the Royal Netherlands Marechaussee (KMar) can issue an entry ban. If they are unable to give you the entry ban because you are not in the Netherlands, you will receive the entry ban by post if your address is known. In that case, the entry ban will also be published in the Dutch Government Gazette (in Dutch: Staatscourant).
You can get an entry ban in these situations:
- You have received a return decision. And you have not left the Netherlands, other EU or EEA country or Switzerland in time .
- You have received a departure deadline of 0 days. And no exception from imposing (giving) an entry ban has been granted.
- If you overstay. You have overstayed in the following situations:
- Your visa is no longer valid, and you have not left the Schengen Area in time.
- You remain longer than the visa-exempt period. The visa-exempt period is the maximum amount of time during which you are allowed to be in the Schengen Area without a visa. This is 90 days out of a period of 180 days.
- You are in the visa-exempt period, but you no longer fulfil the general rules of the visa-exempt period. For example, because you do not have enough means.
- You are an asylum seeker with little chance for asylum and you withdraw your asylum application. Withdrawing your application means stopping or cancelling it.
- The IND withdraws or does not extend your regular residence permit (this is not an asylum residence permit). You still fulfil the residence purpose. The permit has been withdrawn or not extended for a different reason.
Consequences of entry ban to the Netherlands
If you have an entry ban and you travel to the Netherlands or stay in the Netherlands, you can get a prison sentence of up to 6 months or a high fine. The Dutch government can transport you across the border. Even if your prison sentence has ended.
Recording of entry ban
The entry ban will be recorded in an information system. This is called a signal. Other countries can see that you have an entry ban. The decision states in which system you will be recorded. There are 2 systems:
- Implementation & Detection (in Dutch: Executie & Signalering or E&S): This is an information system of the Dutch police and the Royal Netherlands Marechaussee. Only the Dutch police and the Royal Netherlands Marechaussee can look into the E&S.
- Schengen Information System (SIS): all border guards of Schengen countries can look into the SIS.
Do you no longer have an entry ban? Then we will delete the record from the information systems.
Right of residence in EU or EEA and consequences for entry ban
Have you gained a right of residence in a EU or EEA country (except Ireland) or Switzerland after receiving a Dutch entry ban? If you have not committed a crime, your entry ban will be lifted. We will also remove the registration of your entry ban from the Schengen Information System.
Have you committed a crime, or is your entry ban valid for over 2 years? In that case your entry ban will remain in place. However, the registration of it will be recorded in the Implementation and Detection System (E&S). Your entry ban will be published in the Government Gazette. You can check this yourself by searching for your full name on the Government Gazette website (only available in Dutch).
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 signal from the Schengen Information System. You can receive a pronouncement of undesirability if you are a danger to the public order. In that case, a signal will be registered to you in the Implementation and Detection (E&S) information system.
How long an entry ban lasts
An entry ban usually lasts 2 years. Sometimes an entry ban can be longer or shorter. The decision states how long your entry ban lasts. This depends on your situation:
- 1 year: for an overstay of over 3 and up to 90 days.
- 2 years: usual period (for example for an overstay of more than 90 days).
- 10 years: if you pose a risk to the public order.
- 20 years: if you pose a risk to the public order and national security.
Start of entry ban
The period of your entry ban takes effect on:
- the day (date) that you actually leave the EU, EEA or Switzerland; or
- the day (date) that you return to another EU or EEA country or Switzerland, if you are allowed to live there.
End of entry ban
Has the period of the entry ban ended, and have you followed the rules of the entry ban? Then the entry ban will stop automatically. You may travel to the Netherlands and other EU or EEA countries and Switzerland again.
Notify the IND of your departure yourself
Notify the IND of your departure. Only then will we be able to determine when the period of the entry ban stops. Send a letter to the IND telling us when you departed, with evidence of your departure and the entire journey. For example: all entry and exit stamps in your passport, tickets and other travel documents. Our postal address can be found on our contact page.
Object to or appeal against entry ban
You can object to or appeal against the entry ban. The decision explains what you can do: object to the IND or appeal to court. The decision also says whether you are allowed to wait for the objection or appeal in the Netherlands.
Ask the IND to lift entry ban
You can ask for the entry ban to be lifted if you want the entry ban to stop. This is only possible in exceptional and urgent situations. Send a letter to the IND asking for the entry ban to be lifted. In the letter, explain why you want the IND to lift the entry ban temporarily or permanently. Our postal address can be found on our contact page.
Requirements for lifting the entry ban
The IND can lift the entry ban permanently or temporarily if you meet these requirements.
- You have an entry ban for more than 2 years: in your situation it is necessary to lift it.
- You have an entry ban of 2 years or less: you have not been in any EU or EEA country or Switzerland for a consecutive period of half of the your entry ban period or longer.
- You have not committed any serious offences in the period that you have been outside the Netherlands.
- There are currently no criminal proceedings against you.
Documents needed to lift entry ban
Enclose these documents and information with your letter:
- If you have an entry ban for more than 2 years: explain why it is necessary to lift the entry ban in your situation.
- A copy of the page in your valid passport with your personal details. A copy of all the pages of every passport you have had since your entry ban, or other documents needed to travel and cross the border.
- Overview of all the countries and places where you have been to since your entry ban. This is to show that you are outside the EU, EEA and Switzerland during the application. Or that you have returned to an EU country or EEA country or Switzerland, if you are allowed to live there.
- Proof of countries and places where you have been after your entry ban.
- Letters from the governments of all the countries where you have been after your entry ban. These letters must state that you did not commit any serious offences in any of those countries. And that there are currently no ongoing criminal proceedings against you in those countries.
- If you give someone else permission to ask for the ban to be lifted on your behalf, an authorisation with your signature is needed.