Chapter II, Section 2, Article 9 · Regulation (EU) 2026/2280

Contents

Article 9Withdrawal, suspension or shortening of the duration of an entry ban#

1.An entry ban may be withdrawn, suspended or have its duration shortened by the competent authority of the issuing Member State where the third-country national demonstrates that he or she has returned voluntarily, without prejudice to paragraphs 2 and 3.

2.The competent authority of the issuing Member State may, where it considers it appropriate, withdraw, suspend or shorten the duration of an entry ban in justified individual cases, including for humanitarian reasons, taking into account all relevant circumstances, without prejudice to paragraph 3.

3.The third-country national may submit a duly justified request for withdrawal, suspension or shortening of the duration of an entry ban, provided that the third-country national has departed from the territory of the Member States, without prejudice to paragraph 4.

4.A third-country national, who has been issued an entry ban that exceeds 10 years in accordance with Article 8(8) or Article 13(5), point (a), may 10 years after his or her departure from the territory of the Member States request the issuing Member State to review whether the entry ban is to be withdrawn, suspended or shortened, having due regard to all relevant circumstances, including, where relevant, whether the third-country national still poses a security risk within the meaning of Article 13, and whether the entry ban remains necessary to prevent the third-country national from entering the territory of the Member States. The request for review shall be duly justified.

5.Member States may make the withdrawal of an entry ban conditional on the reimbursement of the costs of the removal of the third-country national.

Defined terms · 11

Show every defined term

absconding
means the action by which a third-country national does not remain available to the competent administrative or judicial authorities;
country of return
means one of the following:
decision ordering removal
means an administrative or judicial act or decision stating or declaring that a third-country national can be removed to one or more countries of return;
entry ban
means an administrative or judicial act or decision prohibiting the entry into and stay on the territory of the Member States of a third-country national;
illegal stay
means the presence, on the territory of a Member State, of a third-country national who does not fulfil, or who no longer fulfils, the entry conditions for third-country nationals as set out in Article 6 of Regulation (EU) 2016/399, or the conditions for stay or residence in that Member State, or, in the case of a Member State not bound by that Regulation, the conditions for entry, stay or residence laid down in equivalent national law;
removal
means the enforcement of a return decision or a decision ordering removal by the competent authorities through physical transportation from the Member States to a country of return;
return
means the actions by which an illegally staying third-country national:
return decision
means an administrative or judicial act or decision, stating or declaring the stay of a third-country national to be illegal and stating or imposing an obligation for that third-country national to leave the territory of the Member States;
return operation
means an operation organised or coordinated by a competent authority or supported by Frontex by which third-country nationals are returned from one or more Member States.
third-country national
means any person who is not a citizen of the Union within the meaning of Article 20 of the Treaty on the Functioning of the European Union and who is not a person enjoying the right of free movement under Union law, as defined in Article 2, point (5), of Regulation (EU) 2016/399;
voluntary return
means the departure from the territory of the Member States on his or her own, with or without assistance, and without resorting to removal, of an illegally staying third-country national complying with the obligation to leave within or after the expiry of the departure period set out in the return decision;