An entry ban (preceded by a so-called return decision) may be issued to foreigners who immediately must leave the Netherlands. This is possible in the event that an alien has exceeded the duration of his visa, or in the case that several residence applications have been filed which have all been rejected.
When imposing the entry ban the personal circumstances of the alien should be taken into account.
The length of the entry ban is usually one or two years, but can be up to five or ten years under certain more severe circumstances. If the foreigner has been found guilty of a criminal offense a heavy entry ban of five to ten years can by imposed on him or her.
Pending the duration of the entry ban it is not possible and even a criminal offense to stay in the countries which belong to the Schengen area. Furthermore if a heavy entry ban has been imposed on the foreigner it is impossible for him or her to even apply for a residence permit. This application will not be reviewed by the IND as long as the heavy entry ban is still in affect. The period for which a travel ban was imposed only starts when the alien has left the Schengen area.
Schengen notification (SIS)
Enforcement of the entry ban takes place through registration in the Schengen Information System (SIS). All Schengen countries have access to this system and can thus determine which of the persons trying to access Schengen should be refused.
It is possible to appeal against the decision to impose a travel ban. Objection and appeal should be launched within four weeks. It is also possible under certain circumstances to file a request to lift the travel ban.
Alt Attorneys can assist you in these procedures. Call for more information at (020-6161487) or email (firstname.lastname@example.org).