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In Enschede and Overijssel, you can count on the expert immigration lawyers at Derbedrosian Immigration Lawyers. We understand that undesirability is a complex legal issue in immigration law. A pronouncement of undesirability means that someone is no longer welcome in the Netherlands and can have serious consequences. It can result in criminal charges and other legal problems. Applying for a lifting of a pronouncement of undesirability is a legal procedure that must be followed carefully. There are policy rules for the temporary lifting of a pronouncement of undesirability, but they depend on the specific circumstances of the case. Our immigration lawyers in Enschede are available to advise and guide you through cases involving pronouncements of undesirability and the application to lift them. We understand the complexity of these situations and will assist you to ensure that your rights are respected. If you need legal assistance regarding pronouncement of undesirability, do not hesitate to contact Derbedrosian Immigration Lawyers. We are here to help you and handle your case, with the goal of minimizing the consequences of being declared undesirable and protecting your rights.

The measure "Ongewenstverklaring" is applied to aliens who are not welcome. in the Netherlands. This measure can be imposed for various reasons, such as criminal convictions, national security concerns, or violations of immigration law. The purpose of declaration of undesirability is to keep out persons considered a threat to public order or national security.

What does a declaration of undesirability entail?

A pronouncement of undesirability is a decision that you are an undesirable alien in the Netherlands. The Dutch government thinks you should not be in the Netherlands. The undesirables have to leave the Netherlands immediately, which means that they are no longer allowed to stay in the Netherlands.This may be, for example, because you have been convicted of a crime. These are often people who are a danger to the Netherlands.

Consequences of being declared undesirable

If you are facing an undesirability declaration, it is imperative that you leave the Netherlands immediately. If you do try to return to the Netherlands, you risk a prison sentence of up to 6 months or a fine. In some cases, the Dutch government may even decide to deport you across the border.

As for complications regarding a declaration of undesirability, there is no predetermined end date. Only the Immigration and Naturalization Service (IND) has the authority to decide when the declaration of undesirability is terminated.

Who is subject to an undesirable declaration?

Currently, the declaration of undesirability applies only to persons from the European Union (EU). Since EU citizens can usually travel freely within the EU, there must be extremely well-founded reasons for denying this right. Such a measure is taken only when a person poses a clear and serious threat to public order at the time. For individuals who do not belong to the EU, often referred to as third-country nationals, the undesirability clause does not apply. Instead, under specific circumstances, an entry ban may be imposed. This entry ban can vary in duration and is usually applied when there are demonstrable reasons to deny entry to the Netherlands or the EU. It is important to note that both the pronouncement of undesirability and the entry ban are serious legal measures and are subject to strict legal procedures. It is advisable to seek legal advice in such cases to fully understand and protect your rights and options.

Cancellation of an undesirable declaration

After a period of time, you can submit a request to have the 'pronouncement of undesirability' lifted. In this request, you must prove that you actually resided outside the Netherlands for a certain period of time. The length of this period depends on the severity of the crime for which the pronouncement of undesirability was imposed. It is also important that you have not committed any new crimes during this time.

In some cases, the "undesirability" can be temporarily lifted, such as in situations involving serious family circumstances or when you need to testify in an ongoing court case. This is considered a temporary waiver to accommodate specific circumstances.

It is critical to understand that the process for lifting or temporarily suspending an "undesirability order" must be carefully followed and that professional legal guidance is often necessary to achieve the best results.

Immigration law attorney

If you are facing a declaration of undesirability, it is wise to seek professional legal assistance from a specialized attorney. The process surrounding pronouncements of undesirability can be complex and it is vital to protect your rights.

When you contact us, you can count on the expertise of an experienced attorney who specializes in this legal area. Our attorneys will thoroughly advise and guide you through the steps you can take to address your situation. You are not alone; we are here to help you and defend your legal interests. Feel free to contact us, and speak to one of our dedicated lawyers is ready to assist you further.

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