Staying in an EU Country without permission|
Under what conditions would my stay in an EU country be considered irregular?
If you do not fulfil, or no longer fulfil the conditions for entering or staying in an EU country, you do not have the permission to be there and must leave the EU.
This could be the case if you do not have a proper visa or residence permit, if you stay in the country after your visa or permit has expired, or has been withdrawn (for example, if you do not longer fulfil the applicable conditions).
More on how to legally enter and stay in an EU country
What happens if I am found to be staying illegally in an EU country?
If you are found to be staying illegally in the EU you will get a “return decision.”
A return decision, from the immigration authorities, a court, the police or other authorities, will state that your stay is illegal and will oblige you to leave the country.
While you will generally be expected to return to your own country, you may in some cases be sent back to another non-EU country which you passed through on your way to the EU.
If you have a right to stay in another EU country, you will have to go to that country. If you do not go immediately, or if you represent a threat to public policy or security, you will be asked to leave the entire territory of the EU.
I have been issued with a return decision. What happens next?
You will be asked to leave voluntarily, usually within one to four weeks, unless:
You represent a risk to public order, public security or national security;
Your application to stay in the country was based on false information;
Your application to stay in the country was dismissed as being unfounded;
There is a risk you will escape.
In such circumstances, you will have to leave immediately or to do so within less than 7 days.
If you do not voluntarily leave the country within the time period allowed under the return decision, or if you become a risk to public or national security, you will be forcibly returned to your own country or to another non-EU country.
Can I receive some assistance to prepare my journey back home?
In almost all EU countries you should be able to obtain financial or material support to prepare your journey to your country of origin. Authorities may pay you the flight ticket, provide you with some pocket money and, in certain cases, give you additional in-cash or in-kind support to restart your life in your country. In order to obtain this assistance, you would usually be asked to actively cooperate with authorities in organising your journey.
Could I be placed in detention while awaiting my forced return?
You may be held in detention while preparations are made for your return if, for example, there is a risk that you will flee, if you do not cooperate with the authorities and if you avoid or obstruct your return.
Where possible and effective, authorities must use means other than detention.
A person who has received a return decision can always ask to have this reviewed by a court.
What detention conditions could I expect?
The conditions of detention must be in full respect of fundamental rights and meet national and international standards;
You should be placed in a specialised detention centre. Where this is not possible, you might be in a prison but separated from ordinary prisoners;
You should be able to contact your legal representatives, family members and consular authorities;
Your detention should be regularly reviewed by the relevant national authorities. In cases of long periods of detention, any such review will be supervised by the courts.
For how long can I be detained?
The detention period will be as short as possible and is generally limited to a maximum period of six months. In exceptional cases, and notably if you do not cooperate on your return, detention will be allowed for a maximum period of 18 months.
The rights of migrants waiting to be sent back home
What kind of treatment am I entitled to while awaiting my departure?
You benefit from a number of legal guarantees during the period before your return. These can include the right to:
Contest a return decision;
Seek legal advice;
Language assistance, such as interpretation or translation, where necessary;
Have the unity of your family respected. Efforts will be made to house you together with your family members and to return you together;
Emergency health care and essential treatment of illnesses;
In the case of children, access to basic education depending on the duration of the stay.
In addition, the special needs of vulnerable people, such as unaccompanied minors, pregnant women or disabled people, should be taken into account.
In some cases, you may be able to get legal advice and/or representation free of charge.
Will I be able to come back to an EU country?
Yes but you will not be able to do so if your return decision was accompanied by an entry ban issued by national authorities or a court. An entry ban prevents you from entering and staying in an EU country for a certain period of time after your departure.
The duration of entry bans are decided on a case-by-case basis and cannot last longer than five years, unless you pose a threat to public order, public security or national security.
You will automatically receive an entry ban if you do not voluntarily return home within the period of departure granted to you, or if you were not given the option of returning voluntarily. EU country can also decide to give you an entry ban in other situations.
I have been issued with an entry ban from one EU country. Can I legally go to another EU country?
At first, you must leave the EU as required by the return decision.
After that, if you apply for legal residence to another EU country and this country considers letting you enter while an entry ban is in force, it must consult with the EU country that issued the entry ban.
Your Home Country’s Obligations
In general, your own country must accept you back if you are returned from an EU country.
Some non-EU countries have signed readmission agreements with the EU, as well as with individual EU countries, to make the return of their citizens easier. In some cases, non-EU countries will also receive citizens from other non-EU countries who passed through on their way to an EU country.
The EU has concluded readmission agreements with:
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EU laws on return
EU laws on sharing return flights
EU laws on mutual recognition of expulsion decisions
Readmission agreements signed between the EU and non-EU countries