- When will you get a pronouncement of undesirability?
- Decision on the pronouncement of undesirability
- Consequences of the pronouncement of undesirability
- Duration of the pronouncement of undesirability
- Alert for pronouncement of undesirability in an information system
- Residency in another EU country and request for withdrawal of right of residence
- Objection to the pronouncement of undesirability
- Request to have the pronouncement of undesirability lifted
- See also
When will you get a pronouncement of undesirability?
You will get a pronouncement of undesirability if the IND decides that you pose a danger to the Netherlands. It is an order issued against persons who have usually committed a serious criminal offence. This often concerns a crime. A pronouncement of undesirability means that you have to leave the Netherlands immediately. Afterwards you will not be allowed to re-enter the Netherlands.
Who can get a pronouncement of undesirability?
The following persons can get a pronouncement of undesirability:
- Citizens of the EU/EEA and Switzerland who are in the Netherlands. This also applies to their family members. From now on, we call EU/EEA countries and Switzerland EU.
- Citizens from outside the EU, with or without a right of residence, who are not in the Netherlands. Are these citizens in the Netherlands? Then they usually get an entry ban.
- Dublin claimants in the Netherlands. These are asylum seekers with an asylum application that has to be handled by a different country in the EU (including Ireland).
Situations pronouncement of undesirability
You can get a pronouncement of undesirability in the following situations:
- You are staying illegally in the Netherlands – i.e. you do not have permission to stay here – and you have repeatedly done something that is not allowed according to the Dutch Aliens Act.
- You have been convicted of a crime by the court and the conviction is final. The maximum penalty for that crime is 3 years or more in prison.
- You pose a threat to public order or national security and you do not have a residence permit or another right to live in the Netherlands. Public order refers to the quiet and orderly behaviour of people on public roads and in public areas.
- A particular treaty stipulates that you will be subject to a pronouncement of undesirability.
- You have committed a serious crime outside the Netherlands.
Decision on the pronouncement of undesirability
The IND assesses whether you will get a pronouncement of undesirability. During the assessment the IND weighs the interests. This means that the IND examines what is more important: the protection of public order and national security in the Netherlands, or your stay in the Netherlands.
Who issues a pronouncement of undesirability?
You will receive a decision in which the pronouncement of undesirability is issued. The IND sends the decision (by post) to your legal representative, usually including a folder about the pronouncement of undesirability. Do you not have a legal representative and does the IND know the last address where you live? Then the IND will send the decision by registered post to your address.
The pronouncement of undesirability will also be published in the Government Gazette (in Dutch: Staatscourant). You can check your pronouncement of undesirability by searching your full name on the website of the Staatscourant (only available in Dutch).
Consequences of the pronouncement of undesirability
- Independent obligation to leave: you must leave the Netherlands immediately. You will not be allowed to re-enter the Netherlands.
- Remaining in the Netherlands is a punishable offence. You can get a prison sentence of six months at most or a fine of a few thousand euros. This can be found on wetten.overheid.nl in Section 197 of the Dutch Penal Code (only available in Dutch).
- The Dutch government can remove you from the Netherlands, even if you have served your prison sentence.
- The government enters an alert for a pronouncement of undesirability on you in an EU information system.
Duration of the pronouncement of undesirability
The pronouncement of undesirability does not have an end date. It will only stop when the IND has made a decision to that effect if you meet requirements. This is possible if you request for having the pronouncement of undesirability order lifted. In highly exceptional and urgent circumstances, it is possible to request a temporary suspension.
Alert for pronouncement of undesirability in an information system
By way of checking the alert on you in an information system, the government can see that you are an undesirable foreign national. The decision says in which system you are identified. There are 2 systems:
- Implementation & Detection (E&S): this is an information system used by the Dutch police and the Royal Netherlands Marechaussee. Only the police and the Marechaussee are able to check the E&S. E&S replaces the Search Register (in Dutch: Opsporingsregister, or OPS).
- Schengen Information System (SIS): border guards and the police of Schengen countries are able to check the SIS. After checking you they may stop you. In that case you will not be allowed to enter the country.
Situations and entering an alert in type of information system
An alert on you for the pronouncement of undesirability can only be entered in 1 information system. Your situation determines the information system in which the IND enters an alert on you:
- You are an EU citizen or a family member of an EU citizen: an alert will be entered on you in E&S.
- You are a citizen from outside the EU and are staying illegally in a different EU country: first an alert will be entered on you in E&S. After that the IND will remove the alert from E&S and will change this into an alert in the SIS.
- You are a citizen from outside the EU and you reside outside the EU: first an alert will be entered on you in E&S. After that the IND will remove the alert from E&S and will change this into an alert in the SIS.
- You are a Dublin claimant in the Netherlands and your asylum application has to be handled by a different EU country. An alert will be entered on you in E&S after you have travelled to the country responsible for handling your asylum application.
- You are a citizen from outside the EU and the IND knows that you have a right of residence in the EU: first an alert will be entered on you in E&S. Whether or not the alert will change into an alert in the SIS depends on the reaction from the EU country.
Deletion of identification from the information system
Has your pronouncement of undesirability been lifted? Then your details will be deleted from the E&S or SIS information system.
Residency in another EU country and request for withdrawal of right of residence
Do you already have a right of residence in another EU country? And has the IND entered an alert in E&S on you for the pronouncement of undesirability? After entering an alert the IND will ask this EU country to withdraw your residency. Does the EU country withdraw your right of residence? Then the IND will delete your alert from E&S. And changes this into an alert in the SIS. Does the EU country not withdraw your residency? Then the alert for the pronouncement of undesirability on you will remain in E&S.
Objection to the pronouncement of undesirability
You can object to the IND if you do not agree with your pronouncement of undesirability. The decision explains how you must do this. You will not be allowed to wait for the decision on your objection in the Netherlands. Find out more about objecting to or appealing against a decision of the IND.
Request to have the pronouncement of undesirability lifted
You can request to have the pronouncement of undesirability lifted (temporarily). For this you can use the following form by filling it out and sending it to the IND.
Request for lifting the pronouncement of undesirability or entry ban 9504 (in Dutch: Verzoek tot opheffing van een ongewenstverklaring of inreisverbod ).
Or, you can send a letter to the IND in which you request lifting of the pronouncement of undesirability and explain why. Also write down the following information:
- How long the consecutive period was that you were out of the Netherlands.
- If you committed serious crimes in that period.
- If you are being prosecuted for a criminal offence at this time.
Someone else can also request the pronouncement of undesirability to be lifted for you. Then you must give this person official permission to take action on your behalf. You set this out on paper with your signature. This is called an authorisation. Enclose the authorisation with the request to lift the entry ban. Our postal address is on our Contact page.
Situations in which the pronouncement of undesirability order will be lifted
De IND can lift the pronouncement of undesirability (temporarily) in the following situations:
- It is essential for you to come to the Netherlands because of important situations in your family.
- It is essential for you to come to the Netherlands to testify in a legal action.
- It is essential for you to come to the Netherlands because a criminal action is pending against you personally.
- The pronouncement of undesirability is in conflict with the European Convention on Human Rights (ECHR).
- You will get a residence permit in the Netherlands after a previous pronouncement of undesirability.
Documents needed to having lifted the pronouncement of undesirability
Enclose the following information and documents with the form or your letter:
- Explain why lifting of the pronouncement of undesirability is necessary in your situation.
- Your complete personal details and other names (aliases) you have used earlier.
- A copy of all the pages of every passport you have had since your pronouncement of undesirability, or other documents needed to travel and cross the border.
- Overview of all the countries and places where you have been to since your pronouncement of undesirability. This is to show that you are outside the EU during the request for lifting
- Official documents of the governments of each country you were in after your pronouncement of undesirability. It says in them that you have not committed any serious offences in the country. And that you are not being prosecuted for a criminal offence in the county at this time.
- Do you have to be in the Netherlands temporarily? Then also enclose the following information:
- Date of your arrival in the Netherlands and the place where you will enter the Netherlands.
- Flight numbers of the departing and return flight.
- Overview of all places where you are going to stay in the Netherlands. And evidence that provides certainty about your stay and what it will cost.
- In case of a criminal case: information on the state of affairs and course of the criminal case.
- If you give someone else permission to ask for the pronouncement of undesirability to be lifted on your behalf, an authorisation with your signature is needed.
Have official foreign documents legalised and translated into Dutch, English, French or German.