Section 64 suspension of departure on medical grounds

You must leave the Netherlands, but you are unable to do so due to your medical condition. You want to apply for suspension of your departure on medical grounds according to article 64 of the Dutch Aliens Act (in Dutch: Vreemdelingenwet).

If you are granted suspension of departure, you do not have to leave the Netherlands temporarily.

You do not have a right of residency in the Netherlands, and because of that you are forced to leave the Netherlands. You meet one of the following requirements:

According to the Medical Advisors Office (BMA) your are not able to travel.

You are pregnant, or you recently gave birth. You are not able to fly for a certain period.

You receive medical treatment for tuberculosis (TB).

You are admitted to a hospital or clinic. You receive medical treatment that is not possible outside the clinic.

The IND does not doubt your nationality and identity. And according to the BMA, a medical emergency situation will arise if you do not receive medical treatment. There is an emergency situation if, between 3 to 6 months, one of the following situations occurs:

You will die or quickly become very ill or disabled.

You can no longer care for yourself.

You must be admitted to a psychiatric hospital.

In the country you must leave for, there is no medical treatment for your illness or complaints. Or you do not have access to medical treatment for your illness or complaints in that country.

Asylum and Migration Management Regulation (AMMR) procedure apply to you? Then you cannot get a suspension of your departure.

You apply for suspension of departure in writing by post. The application form tells you where to send the application.

The application for suspension of departure according to article 64 of the Aliens Act is free of charge.

Application for suspension of departure under Section 64 of the Aliens Act 7541

The IND must decide within 8 weeks.

You do not have a right of residency while you are waiting for the decision. Sometimes, you get a temporary suspension of departure, because the IND has to wait for advice from the BMA. In that case, you do have a right of residency.

These documents cannot be older than 3 months. We do not need advice from the BMA in case of pregnancy, tuberculosis or when you are in a hospital or clinic.

If you are granted suspension of departure, the IND assesses whether your family members can also be granted suspension of departure. By family members we mean:

Your spouse.

Your unmarried partner.

Your children younger than 18.

Your children older than 18, if they were part of your family in your country of origin.

You will be granted suspension of departure for as long as you are not able to leave due to your medical condition. The maximum period of the suspension is 1 year.

The IND places a residence endorsement sticker in your passport.

Negative decision: you will not be granted suspension of departure. You can object against this decision.

Has the period of the suspension ended, and are you still not able to leave? Then you can possibly apply for a Residence permit medical treatment.

The BMA exists of medical specialists who advise the IND about your health.

The IND can ask the Medical Advisors Office (BMA) for advice. The BMA provides an advice with medical information from your doctors.

Follow the application in My IND.