Changed rules for determining duration of entry bans
A judgement handed down by the European Court of Justice will result in a recalculation of the duration of certain administratively imposed entry bans.
In a judgement handed down on 26 July 2017 in the case C-225/16 Ouhrami The European Court of Justice has ruled that the duration of an entry ban is to be calculated from the date on which the foreign national actually leaves the country.
Under Danish law, the duration of an entry ban has been calculated from the first day of the month immediately following the date upon which the foreign national departs or is deported from Denmark, in accordance with Aliens Act section 32 (1).
The judgement means that the Danish rules for determining the duration of entry bans will be changed, such that new entry bans will start on the actual date of departure or deportation.
Consequently, the Minister of Immigration and Integration, on 8 February 2018, put forward legislation that would change Aliens Act section 32 (1) to bring it in line with the Ouhrami judgement.
Furthermore, the judgement also means that some existing entry bans may be as many as 30 days too long.
As a consequence of the judgement, the police will recalculate the length of existing administratively imposed entry bans, such that their expiry dates are calculated based on the actual date of departure or deportation. Furthermore, the correct date will be registered in the Danish Criminal Registry and the Schengen Information System.
What types of the entry bans are affected by the new rules?
The judgement applies only to entry bans complyingwith Directive 2008/115/EC of 16 December 2008 (Return of illegally staying third-country nationals), on common standards and procedures in Member States for returning illegally staying third-country nationals.
Moreover, the judgement applies only to entry bans imposed after 1 April 2011, when the directive came into force in Denmark.
Therefore, only existing entry bans imposed in connection with expulsion orders issued in accordance with Aliens Act sections 25, 25 a (2) or 25 b will be re-registered.
These sections apply to expulsion for the following reasons:
- The foreign national is deemed to be a threat to national security (section 25 (1))
- The foreign national is deemed to be a serious threat to public order, safety or health (section 25 (2))
- Foreign nationals who have resided legally in Denmark for a period of less than six months, and who can be expected to establish residence or seek work in Denmark without the required permission (section 25 a (2) (i))
- The foreign national has neither sufficient financial means to provide for himself/herself, nor the required permission that would allow him/her to obtain sufficient financial means (section 25 a (2) (ii))
- Foreign nationals who are deemed undesirable for reasons other than being a threat to the public order, an agent of a foreign power, a security or health risk, or a threat to the public order of the Schengen-area countries (section 25 a (2) (iii))
- Foreign nationals not required to hold a visa under the terms of section 3, or issued a visa in accordance with sections 4-4b, who withdraw an application for residence submitted in accordance with section 7 and processed under the terms of section 53 b, or if an application for asylum processed in accordance with section 53 b, lapses in accordance with section 40 (11) (section 25 a (2) (iiii))
- Foreign nationals residing in Denmark illegally (section 25 b)
The judgement does not affect the rules for calculating the duration of entry bans imposed in connection with sentences for the crimes pursuant to Aliens Act sections 22-24, 25 a (1) or 25 c. Entry bans imposed on these grounds will not be recalculated.
The grounds for your expulsion are described in the decision in your case.
How am I affected?
I have departed Denmark and my entry ban is incorrectly registered.
If you departed or were deported from Denmark and are banned from returning as a result of being expelled in accordance with the terms of Aliens Act sections 25, 25 a (2) or 25 b, the police will recalculate the expiry date of your entry ban and register the correct date in the Danish Criminal Registry and the Schengen Information System. The entry ban will then be considered to have been in force from the actual date of your departure or deportation.
The duration of the entry ban will be recalculated automatically; you do not need to do anything for the entry ban to be re-registered. Separate messages will normally not be sent to individuals whose entry ban has been re-registered.
If you are uncertain about whether your entry ban has been correctly registered, please contact Nordsjællands Politi, Udlændingecenter Nordsjælland, by e-mailing: email@example.com.
I am no longer in Denmark, and my entry ban has expired.
If your entry ban has expired, it is no longer in force and you are permitted to apply for travelling to Denmark or another Schengen-area country.
The Ouhrami judgement applies only to existing entry bans. If your entry ban has expired, it will not be re-registered.
My entry ban was calculated incorrectly and I would like to apply for a Danish visa.
Until the police have re-registered all valid entry bans affected by the Ouhrami judgement, immigration authorities processing visa applications will pay close attention to whether the duration of an individual’s entry ban was calculated correctly. When processing your application, immigration authorities will check whether the correct expiry date for your entry ban has been entered into the Danish Criminal Register or Schengen Information System.
If you believe the expiry date for your entry ban has been incorrectly calculated and has either expired or will expire sooner than indicated, please state this when applying for a Danish visa.
I have received an expulsion order and been barred from entering Denmark, but have yet to leave.
If you are banned from entering Denmark in connection with an expulsion order, but have yet to leave the country, your entry ban has yet to come into force.
When you leave, the police will automatically register the date of your departure and enter it into the Danish Criminal Register and the Schengen Information System.
My entry ban was imposed by another EU country than Denmark. I believe the ban was calculated incorrectly.
If your entry ban was imposed by another EU country, and you believe the ban was calculated incorrectly, you will need to contact the proper officials in the country that imposed the ban.