There are situations in which an immigrant does not receive an approval of stay in the Netherlands. Usually the Dutch state gives to these immigrants a certain period of time to prepare their departure. However, in cases with a high degree of risk to the national security, the country can ask immigrants to leave the country’s territory immediately. If the immigrant does not comply with the official decision, the state begins a procedure of deportation from the Netherlands. Our immigration lawyer in Netherlandscan help you with information regarding the period of departure as well as with explanations about the process implied by the voluntary return.
Legal base for deportation from the Netherlands, presented by our immigration lawyer in Netherlands
According to the Dutch Council for Refugees, immigrants who enter Dutch territory by plane or boat need to apply for asylum and while the request is processed to remain in a detention center. The Aliens Act regulates the conditions in which a noncitizen might be expulsed from the Netherlands, if this measure is in the interest of the public order. The Returns Directive specifies that a person who immigrates to the Netherlands should not try to avoid supervision of the authorities and unlawfully evade it. If a person does not cooperate to the establishment of his/her identity the person will be required to leave the country.
Our immigration lawyer in Netherlands can give you more information on the legal framework relating to asylum and deportation from Netherlands and can help you understand what are your rights and responsibilities in this country.
The deportation procedure in the Netherlands
The deportation procedure is initiated in the Netherlands for those who stay illegally in this country and who do not voluntarily leave its territory. The Aliens Police (AVIM) or Royal Netherlands Marechaussee are the authorities which issue return decisions for people who remain without an official approval in the Netherlands. If you are in this situation you might be required to leave this country immediately or you may be allocated a 4 weeks period to arrange your departure. In certain conditions, a ban for entry in Europe comes enclosed to the deportation decision.
The immigrant is allowed to have three conversations with the authorities responsible with the return of immigrants in their home countries, in order to determine whether the person will be deported or given the permission of stay in the Netherlands. In case you are arrested in Netherlands, it is recommendable that you ask the permission to talk to your lawyer first, before giving any information to the police.
Feel free to contact us for detailed information on the legal framework which regulates immigrants’ deportation from the Netherlands and methods to prevent it for you and your family.