Deportation > Netherlands
Last update: January 2013
Return, detention and control
Obligation to return
After a negative decision or when you are not allowed to await a decision you have the obligation to leave voluntarily. When you do not leave the Netherlands in the given period, the government will try to remove you by force.
Period of departure
There is a given period of departure, often 28 days, but this can be 0 days as well. The given period of departure can be extended when you are cooperating on your return, if you have been granted delay of departure for medical reasons or if there is a departure moratorium in force.
Shelter: You do not have legal stay during the period of departure, but you do have he right on shelter until the end of this period. Families with minor children are placed in a VBL (location with restriction of freedom) or GOL (family location) while awaiting their deportation. If you cooperate on your return, you can be moved to a VBL as well.
If you do not wish to (work on your) return, you could better leave the AZC (shelter for asylum seekers) before the period of departure ends, otherwise the aliens police will arrest you there and take you to a detention center in preparation of your flight.
If you cooperate on your return, and if you face real risk on deportation, for example when they let you know the date of your flight, you may decide to leave the VBL.
When you can show that you are a citizen of a particular country, for example by presenting a birth certificate, this country can give you a laissez-passer (LP), a travel document with which you can travel once to this country.
Presentations at the embassy:
In order to obtain a LP, the DT&V will present you at the embassy of your country of origin (or where they think you come from), written or in person at the authorities of that country. They will determine your identity and nationality. They are not allowed to give any information on the reasons why you are in the Netherlands and that you have asked for asylum. Generally, if the DT&V has your passport, it will be easier to deport you. It depends on the embassy whether or not they give a laissez passer for forced deportation: there are some embassies that (almost) never give laissez-passers or only when you want to return voluntarily.
Sometimes it may help to ask support from your surroundings (school, social centers, friends, etc.), the mayor of your town, churches or support organizations to stop your deportation. In some cases it may help to ask attention from the media to tell your story and put pressure on the authorities. This is not a guarantee to stop your deportation, but it is still an option we want to mention.
To stop your flight, you can try to influence the other passengers to stand up in the plane. The pilot of the plane may decide not to fly when not all people sit down.
There do exist some visit groups: people who do not agree with the way you are treated and, in solidarity, can visit you in prison. Contact a support organization or an action group to find out. There is an organization with a hotline about alien detention. If you have complaints about your treatment in detention you can contact 0800 3388776 (it's for free) or send an e-mail to email@example.com
You may get a re-entry ban for the whole Schengen area for a specific period. Then your stay in the Netherlands and Schengen countries will be criminal and if you are found you risk a fine or imprisonment. Note: If you want to start a new procedure, you should first take legal steps against this re-entry ban with the help of a lawyer. It is not completely clear yet in which cases you can start a procedure when you have this re-entry ban.
Criminalization of illegal stay
There is also an act in force now that made illegal stay itself a criminal offense, meaning you can get punished with a fine or imprisonment if discovered you reside here illegally.
Declared undesirable (Persona non grata):
when you are condemned for committing a crime, you can be declared undesirable, also meaning that you are not allowed to reside here and if you are found despite this, you are committing a crime.
Police and identification
When you stay in the Netherlands or Europe without papers you will have to watch out for the police, watch out for instance for committing traffic offenses, because the police will then ask for your identity document. The Compulsory Identification Act is in force in the Netherlands, meaning that you have to be able to show your identity document when the police asks you to. When you can't, you risk detention and deportation.