- What is a pronouncement of undesirability?
- Who can be given a pronouncement of undesirability?
- How do I receive a pronouncement of undesirability?
- What are the consequences of a pronouncement of undesirability?
- Right of residence in EU or EEA and consequences for pronouncement of undesirability
- What is the duration of a pronouncement of undesirability?
- How do I ask for the pronouncement of undesirability to be lifted or suspended?
- See also
What is a pronouncement of undesirability?
A pronouncement of undesirability is an administrative measure taken by the Dutch Government against people who pose a threat to the Netherlands. This often concerns people who have committed a prosecutable offence. A pronouncement of undesirability is a decision that you are deemed to be an undesirable foreign national. You have to leave the Netherlands immediately and you are not allowed to re-enter the country.
Who can be given a pronouncement of undesirability?
A pronouncement of undesirability applies to citizens of the EU/EEA and Switzerland who are residing in the Netherlands. Find out which countries are in the EU and EEA.
Citizens of other countries (third-country nationals) who are in the Netherlands are not usually given a pronouncement of undesirability but an entry ban. Read more about an entry ban.
Situations when a pronouncement of undesirability can be issued
You may be given 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.
How do I receive a pronouncement of undesirability?
The IND determines whether you will be issued with a pronouncement of undesirability. The IND examines how important this is to guarantee the security of the Netherlands. But also how important it is for you to be allowed to stay in the Netherlands. This is called balancing all interests concerned. If the IND decides to issue a pronouncement of undesirability, it is issued in the form of a decision. That decision and a leaflet with information about the pronouncement of undesirability are issued to you by the police (AVIM). Is the police is unable to give the decision to you in person? In that case the IND will publish the pronouncement of undesirability in the Government Gazette (Staatscourant).
Appealing against a pronouncement of undesirability
You can appeal against the IND's decision to issue you with a pronouncement of undesirability. The steps you need to take are set out in the decision letter that you receive. You are not allowed to remain in the Netherlands pending the outcome of your appeal. Read more about objecting to and appealing against a decision of the IND.
What are the consequences of a pronouncement of undesirability?
he pronouncement of undesirability has a number of consequences:
You must leave the Netherlands
You are no longer allowed to remain in the Netherlands. You are obliged to leave the Netherlands immediately. This is called a personal obligation to leave the country. Afterwards you are no longer allowed to enter or stay in the Netherlands.
Remaining in the Netherlands is an offence
Entering the Netherlands is also an offence. You could receive a prison sentence for a maximum period of 6 months or face a large fine. The Dutch Government can decide to remove you from the Netherlands. This could even happen after you have served a prison sentence.
Registration of the pronouncement of undesirability in an information system
The Dutch Government ensures to have you alerted because of your pronouncement of undesirability. This means that your personal data are registered in an information system for being pronounced undesirable. Registering means storing information. The decision letter will tell you in what system your information will be stored. There are two systems:
- Executie & Signalering (E&S): this is an information system used by the Dutch police. Only the Dutch police and the Royal Netherlands Marechaussee have access to the E&S system.
- Schengen Information System (SIS): all authorities of Schengen countries are connected to SIS. Border control officers are able to check SIS. Find out which countries are part of the Schengen area.
Right of residence in EU or EEA and consequences for pronouncement of undesirability
Are you granted a right of residence in an EU/EEA country (except Ireland) or Switzerland after a pronouncement of undesirability by the Netherlands? Then your pronouncement of undesirability will continue to exist. The IND does delete your alert from the Schengen Information System if the other country requests this. The IND also ensures to record your personal data in the Implementation and Detection (E&S) information system.
What is the duration of a pronouncement of undesirability?
The pronouncement of undesirability does not have an end date and will only stop when the IND has made a decision to that effect. This is possible if you ask for the pronouncement of undesirability order to be lifted. Lifting a pronouncement of undesirability means revoking it. In highly exceptional and urgent circumstances, it is possible to request a temporary suspension.
How do I ask for the pronouncement of undesirability to be lifted or suspended?
Send a letter to the IND, asking for the pronouncement of undesirability to be lifted and explaining the reasons why. Someone else (in the Netherlands) can do this for you. In that case, you must give that person official permission to take action on your behalf. Put this in writing with your signature. This is called an authorisation. Include this authorisation with your letter. Please send your letter to:
IND (Immigration and Naturalisation Service)
9560 AA Ter Apel
Documents you will need to ask for lifting or suspending the pronouncement of undesirability
You need to add these documents to the letter asking to lift or temporarily suspend the pronouncement of undesirability:
- A letter in which you ask for and state your reasons for lifting the pronouncement of undesirability relating to you.
- You must also state/include in your letter:
- how long you have stayed uninterruptedly outside the Netherlands;
- that you have not committed any serious crimes during that period;
- that you are currently not being prosecuted.
- A copy of the page in your valid passport containing your identity details.
- A copy of all the pages of all your passports since the pronouncement of undesirability came into effect, or other travel or border crossing documents.
- An overview of the places where you have stayed since the pronouncement of undesirability came into effect.
- Documentary evidence of the places where you have stayed since the pronouncement of undesirability came into effect.
- A letter from the authorities of the countries where you have stayed since the pronouncement of undesirability came into effect that state that:
- you have not committed any serious crimes during your stay there; and
- that you are currently not being prosecuted.
- If you are authorising someone to apply for the lifting of the pronouncement of undesirability: The authorisation signed by you.
Your personal details are removed from E&S and SIS
If your procouncement of undesirability is (temporarily) lifted, your data will be (temporarily) removed from E&S and SIS.
Immigratie- en Naturalisatiedienst