Return centre
A foreign national who does not have permission to reside in Denmark and who is not cooperating with the immigration authorities on his/her departure will usually be required to stay at a return centre.
Residents at Return Centre Kærshovedgård are typically single foreign nationals and childless couples, including:
- Rejected asylum seekers who have exhausted all avenues of appeal and who are not co-operating on their departure.
- Foreign nationals ordered by a court to leave Denmark.
- Foreign nationals ordered to leave Denmark but who cannot be deported (tolerated stay/tålt ophold).
- Foreign nationals whose residence permit has lapsed under the Aliens Act section 21 b (1)
- Foreign nationals who are administratively expelled under the Aliens Act section 25.
Residents at return Centre Sjælsmark are typically solitary foreign nationals and childless couples, including:
- Rejected asylum seekers who have exhausted all avenues of appeal and who are not co-operating on their departure.
- Foreign nationals who are to be returned to another EU/EEA country in accordance with the Dublin Agreement.
- Rejected asylum seekers whose requests were processed according to the expedited procedure for manifestly ungrounded claims.
Residents at return Centre Avnstrup are typically foreign nationals who are to be accommodated with their families, including:
- Rejected asylum seekers who have exhausted all avenues of appeal and who are not co-operating on their departure.
- Foreign nationals ordered by a court to leave Denmark.
- Foreign nationals ordered to leave Denmark but who cannot be deported (tolerated stay/tålt ophold).
Entry and departure from Return Centre Kærshovedgård and Return Centre Sjælsmark is controlled by an electronic access system. For the time being, this access system is not in effect at Return Centre Avnstrup.
Return centres are staffed at all times.
Meals are served in the return centres’ canteens three times a day. A flexible meal system is due to be implemented at Return Centre Avnstrup at the beginning of 2021, which will allow the residents to order and prepare their own meals.
Who is obligated to stay (opholdspligt)?
Many of the foreign nationals who reside in either one of the three Return Centres are obligated to stay at the center. Some of these residents are usually also imposed a notification obligation. This is the case for:
- Foreign nationals ordered to leave Denmark but who cannot be deported (tolerated stay/tålt ophold).
- Foreign nationals ordered by a court to leave Denmark.
- Foreign nationals whose residence permit has lapsed under the Aliens Act section 21 b (1).
- Foreign nationals who are administrative expelled under the Aliens Act section 25.
It is the Danish Return Agency that decides whether or not a foreign national is obligated to reside at a return centre (opholdspligt) in accordance with section 42 a (8) of the Aliens Act.
The following groups can be required to reside at a return centre:
- Rejected asylum seekers who have exhausted all avenues of appeal and who are not cooperating with immigration authorities on their departure.
- Foreign nationals resided illegally in Denmark and who do not co-operate with immigration authorities on their departure.
- Foreign nationals ordered out of Denmark by a court.
- Foreign nationals ordered to leave Denmark but who cannot be deported (tolerated stay/tålt ophold).
- Foreign nationals whose residence permit has lapsed under the Aliens Act section 21 b (1).
- Foreign nationals who are administratively expelled under the Aliens Act section 25.
The Danish Return Agency also decides if a foreign national is co-operating with the immigration authorities on their departure or not.
What does being required to reside at a return centre entail?
When an individual is required to reside at a return centre, it usually means that he/she must reside at the centre and sleep there every night.
A foreign national who fails to abide by an order to reside at a return centre will be subject to applicable penalties, cf. Aliens Act section 60.
The Danish Return Agency is required by section 42 a (9) of the Aliens Act to ensure that foreign nationals abide by orders to reside at return centres.
A foreign national residing at a return centre can request permission to stay outside the return centre overnight if there is a valid reason, such as:
- Weekend visits with family living in Denmark.
- Serious sickness within closest relatives.
- Non-elective medical treatment.
- Visits with family in connection with holidays, birthdays etc.
Applications to stay outside a return centre overnight are submitted to the centre operator, which forwards them to Danish Return Agency. Download application form IN11
Who can get notification obligation (underretningspligt)?
Certain foreign nationals residing at a return centre can be imposed a notification obligation. This is the case for:
- Foreign nationals ordered by a court to leave Denmark.
- Foreign nationals ordered to leave Denmark but who cannot be deported (tolerated stay/tålt ophold).
- Foreign nationals whose residence permit has lapsed under the Aliens Act section 21 b (1).
- Foreign nationals who are administrative expelled under the Aliens Act section 25.
What does notification obligation entail?
If a foreign national has a notification obligation he/she is required to inform the return centre if he/she will not be at the centre between the hours of 11pm and 6 am, in accordance with section 42 a (10) of the Aliens Act.
Failing to inform the return centre is a violation of section 60 (2) of the Aliens Act and subject to applicable penalties.
What is the procedure for notification of the centre?
A foreign national with a notification obligation is required to inform the return centre if he/she leaves not intending to return until after 11pm the same day. A foreign national who leaves the return centre indenting to return before 11pm the same day, must inform the centre if he/she, unexpectedly, will not return before 11pm.
Notification can be done in one of three ways:
- In person
- By telephone
- Online
Notification can be done in person to the return centre’s staff.
Notification can be done by telephone by calling +45 65 99 77 99 and entering the appropriate information.
Notification can be done online at www.newtodenmark.dk. Go to online notification
Revocation of cash allowance
Certain foreign nationals can lose their cash allowances if they do not co-operate on their departure. This is the case for:
- Foreign nationals whose request for asylum has been rejected and who have exhausted all avenues of appeal.
- Foreign nationals whose request for asylum has been rejected and have been ordered by a court to leave Denmark.
- Foreign nationals whose residence permit has lapsed under the Aliens Act section 21 b (1).
- Foreign nationals who are administrative expelled under the Aliens Act section 25.
Foreign nationals with tolerated-stay status residing at return centres will normally have the opportunity to earn supplementary allowances.