Foreign nationals without a residence permit are personally responsible for their departure from the Netherlands. They can get help of the Dutch government or other organisations to arrange their return.
Forced departure is only applied when the foreign national fails to leave the Netherlands voluntarily and does not accept assistance from the DT&V or other (non-profit) organisations. Foreign nationals that have been placed in a criminal justice detention facility are forced to depart from the Netherlands immediately following their detention period.
On the next pages you can read more about the return process and the way DT&V works. The infographic below shows the the return process and the complexity of forced departure. Below is a print version in the form of a pdf.
Influx of foreign nationals
The Repatriation and Departure Service (DT&V) receives most of its files from the Immigration and Naturalisation Service. These files, for example, concern foreign nationals whose asylum application has been rejected. In addition, it can happen that the Police and the Royal Netherlands Marechaussee (KMar) encounter foreign nationals who are not staying in the Netherlands legally. In general, their files are also transferred to the DT&V.
Influx at DT&V
Other influx’ consists of groups of a smaller size. It also includes foreign nationals who report themselves to the DT&V, requesting support in their return to their country of origin.
Foreign national cooperates with departure
Foreign nationals without legal stay in the Netherlands have a statutory obligation to leave on their own initiative. The starting point is that the DT&V stimulates and facilitates this so-called ‘independent’ or ‘voluntary’ return. When a foreign national cooperates, departure is almost always possible. The authorities of the country of origin will then issue a replacement travel document if necessary.
Basic departure support
Many foreign nationals who wish to return are eligible for assistance from the International Organisation for Migration (IOM). On behalf of the government, the DT&V acts as a subsidy provider and commissioner of the REAN programme (Return and Emigration Assistance from the Netherlands). This programme provides information, (plane) tickets, accompaniment at Schiphol Airport, and possibly a small sum of money. People from the 35 richest countries in the world (including EU countries and the US) are excluded.
Reintegration support
Foreign nationals from developing countries recognised by the Organisation for Economic Co-operation and Development (OECD) who are leaving on their own initiative may also be eligible for reintegration support supplementing basic departure support.
Reintegration support is issued via the IOM and several Dutch NGOs that receive subsidies from the DT&V for this purpose.
Per adult, up to € 1,800 is available and per child € 2,800. The largest portion is provided in kind, for example in the form of education, assistance in finding a job and accommodation, and establishing contact with family. Per person, up to € 300 can be given in cash.
Independent departure
When a foreign national without legal stay in the Netherlands leaves the Netherlands on their own initiative, assisted by the IOM, an NGO or the DT&V, this is known as independent or voluntary departure.
Independent and forced departure from the Netherlands together form the category of ‘demonstrable departure’. Of those foreign nationals leaving demonstrably, about the majority does so independently.
DT&V return statistics
Cooperation after all
A foreign national can decide to choose independent return from the Netherlands over removal at any time. This may mean that someone will still be eligible for basic departure and reintegration support.
Destination
Most foreign nationals who leave under governmental supervision return to their country of origin. Another portion leaves for a Dublin Member State. A small group travels to a different country.
Foreign national does not cooperate
Independent return is the starting point. If, despite the offered support, a foreign national decides not to cooperate with their departure, the DT&V may initiate forced departure. This is also known as ‘removal’.
Removal process
If a foreign national does not cooperate with independent departure, the process for forced departure will start. This is a complicated and unruly process, in which the foreign national’s attitude has a considerable influence on whether departure is achieved or not.
Forced departure
A fraction of the departing foreign nationals leaves the Netherlands under force. The foreign national is then accompanied until arrival at the airplane. Depending on the situation, escorts of the Royal Netherlands Marechaussee may fly with the foreign national. This is needed in a limited number of cases.
DT&V return statistics
Independent return without supervision
(‘departed for an unknown destination’)
If the DT&V does not know where the foreign national is, the return process can’t take place at that time. The foreign national has then departed ‘for an unknown destination’, as this is called, and is accordingly out of sight of governmental supervision. Even foreign nationals who claim to leave independently may disappear at any time.
Of around 60 percent of the foreign nationals who have left, the destination is unknown. In the statistics, they are recorded in the category ‘independent return without supervision’. It cannot be ascertained whether they have really left the Netherlands or have entered the illegal circuit.
DT&V return statistics
The foreign national can be removed under law
A foreign national can be removed under law if there is no ongoing legal procedure that can be awaited in the Netherlands, and no court judgment exists to prevent forced departure.
Foreign nationals are free to submit new applications for residence or go to court. Sometimes, this results in procedures that are unlikely to succeed. Roughly half of foreign nationals with whom the DT&V is dealing cannot be removed under law. The composition of the group changes continuously.
Examples of procedures are:
- repeat asylum applications
- applications for regular stay
- requests to await the decision on an objection or appeal in the Netherlands
- requests for postponement for medical reasons (Section 64 Aliens Act)
The foreign national is available for departure
The foreign national is available for departure if the DT&V knows where he is staying.
Supervision measures can be imposed on a foreign national, such as an obligation to report, freedom-restricting measure, withdrawal of travel documents, or security deposit. However, the foreign national can still take the initiative to leave the location of residence. Relatively many foreign nationals abscond from governmental supervision before a detention measure can be imposed.
The foreign national can be placed in aliens detention
Aliens detention is the most far-reaching measure to keep foreign nationals available for departure. Only if lighter supervision measures do not (longer) serve their purpose, aliens detention can be resorted to.
You have to be able to argue that:
- the foreign national will abscond or will not cooperate with departure
- a lighter measure is not effective
- aliens detention does not pose a disproportionate burden
- the perspective of removal is sufficient.
In principle, aliens detention may last up to half a year. The average period of aliens detention is around 1.5 months.
The foreign national has a valid travel document
Foreign nationals need a valid travel document for return. In case of departure to the country of origin, the DT&V will apply for a replacement travel document (laissez-passer) at the embassy or consulate if necessary. Most diplomatic missions issue this if it becomes evident that a foreign national is a subject of their country. For this, it is important that foreign nationals cooperate with establishing their identity and nationality.
Before a foreign national can be removed, four conditions must be met simultaneously. The foreign national:
…can be removed under law
A foreign national can be removed under law if there is no ongoing legal procedure that can be awaited in the Netherlands, and no court judgment exists to prevent forced departure.
…is available for departure
The DT&V has to know where the foreign national is staying. The foreign national can leave the location of residence any time, unless he is placed in aliens detention.
…can be placed in aliens detention
Aliens detention is the most far-reaching measure to keep foreign nationals available for departure. Only if lighter supervision measures do not (longer) serve their purpose, aliens detention can be resorted to.
…has a valid travel document
In case of departure to the country of origin, the DT&V will apply for a replacement travel document (laissez-passer) at the embassy or consulate if necessary. For this,it is important that foreign nationals cooperate with establishing their identity and nationality.