Departure Recommendation — Meaning, Deadline and What Happens If You Do Not Comply

When is a departure recommendation issued?

Article 67(1) of the Immigration Control Act allows a departure recommendation in the following cases.

• A person who violated Article 17 (staying within the permitted status and period) and Article 20 (permission for activities outside one's status), where the violation is minor
• Any other person who violated the Act or an order under it, where the Minister of Justice finds a recommendation to leave necessary

The written recommendation and the deadline

• A written departure recommendation is issued (Article 67(2)).
• The deadline can be set within 5 days from the date the recommendation is issued (Article 67(3)). Check the date written on your document.
• If it is clear you cannot leave in time because no transport is available, or because of illness or another unavoidable reason, you can apply to postpone the deadline (Enforcement Rule Article 33).

If you do not comply

A person who received a departure recommendation but did not comply becomes subject to a departure order (Article 68(1)2). A departure order carries a deadline and conditions, and if you do not keep them a deportation order is issued (Article 68(4)).

Does it affect re-entry?

The ground for an entry ban that Article 11(1) states directly is 'a person who left under a deportation order less than 5 years ago' (item 6); a departure recommendation is not listed there. However, the Minister of Justice may decide based on other grounds in the same paragraph, so check your document and ask the competent immigration office.