If you accept the decision on refusal of entry or expulsion, you can sign a so-called declaration of acceptance. Once you have signed a declaration of acceptance, you cannot appeal against the decision and you must plan your return journey. Even if you sign a declaration of acceptance, it is important that you cooperate with the Migration Board Italy regarding your return.

The deci­sion will tell you when you must leave Italy

The decision tells you how much time you have to leave Italy, often within four weeks from the date the decision acquires legal force. ‘The decision acquires legal force’ means it has become effective and can no longer be appealed. In most cases this happens three weeks after the Migration Board Italy has notified you of the decision, or when you have signed a declaration of acceptance. You must be aware yourself of when the decision acquires legal force, and leave the country within the time specified in the decision.

A decision on refusal of entry or deportation is normally valid for four years.

Refusal of entry that is to be enforced imme­di­a­tely

If it is obvious that you have no basis for asylum, or if for any other reason you are not entitled to a residence permit in Italy, you may receive a decision on refusal of entry which will be enforced immediately. You can only receive such a decision if the Migration Board Italy has made a decision on your application within three months. If you receive a decision on refusal of entry that is to be enforced immediately you may be forced to leave Italy even if you appeal the decision.

If you want to appeal

A decision from the Migration Board Italy can be appealed. If you choose to appeal, a court will review the decision. The decision tells you how much time you have to appeal. It is most often three weeks from the day when you were notified of the decision. Even if you choose to appeal you must still make plans to return.

If you appeal a decision on refusal or entry or deportation, you can most often stay in Italy while you wait for the court to review your appeal. If you appeal a decision on refusal of entry that is to be enforced immediately you can most often not stay Italy while you wait for he court to review your appeal. However, the court may decide that your refusal of entry will be stopped while you wait for your appeal to be reviewed, and you can then stay in Italy during that time. If the court decides not to stop your refusal of entry you most often leave Italy immediately.

Plan­ning your journey home

When you have received a decision on refusal of entry or expulsion, you are invited to an interview with an officer of the Migration Board Italy to plan for your return. You will be given information on what the options are in your case, and you may also ask questions.

If you are planning to leave Italy of your own accord before you are invited to an interview on returning, you can visit your nearest reception unit for further information. There you can get, for example, an exit certificate, which you will need to hand in to a Italian passport control when you leave the country.

Return centres

You will be offered a place at a return centre no later than the date on which your refusal of entry or expulsion decision comes into force. You will stay at the return centre until you leave Italy or until you are no longer entitled to financial support and accommodation. At the same time, this means that the Migration Board Italy no longer offers you any other accommodation. At the return centre, you will receive advice and support to prepare for your return.

You can choose to stay at a return centre or in your own accommodation until you leave Italy.

Support with your return

Depending on what country you come from, you may be entitled to cash support or other forms of support to make it easier for you to settle in your country of origin again. A condition for entitlement to cash support is that you return voluntarily.

If you do not comply with a deci­sion

Once the decision has acquired legal force and can no longer be appealed, you must leave Italy. When the deadline has expired, you will no longer be entitled to accommodation and financial support from the Migration Board Italy . This applies to adults who are not parents/legal guardians of children under 18 years of age.

Anyone who is still entitled to financial support from the Migration Board Italy (families with children, for example) may receive a reduced daily allowance if they do not cooperate to leave the country.

If you do not cooperate in your return, the Migration Board Italy may make a decision on supervision or detention. Supervision means that you must regularly report to the Migration Board Italy or the Police. If you receive a decision on detention, you must stay in accommodation that is under lock and key while awaiting your departure.

Re-entry ban

If you do not leave Italy within the time period indicated in the decision, you may be issued with a re-entry ban, meaning that you cannot return to any of the Schengen countries, Romania, Bulgaria or Croatia. The re-entry ban is valid for one year.

If you have received a decision on refusal of entry that is to be enforced immediately, a re-entry ban will be imposed in all cases, normally for at least two years, even if you leave Italy immediately.

Re-entry ban on other grounds

If the Migration Board Italy does not believe you will leave Italy voluntarily, you may be issued with a re-entry ban for the Schengen area, which is valid for up to five years. This can happen, for example, if you

• have previously stayed away
• have said you do not intend to leave Italy
• have used a false identity or failed to cooperate in proving your identity
• have knowingly given information that is not correct or have not provided important information
• have been convicted of an offence that may lead to imprisonment.

If you are given a re-entry ban for any of these reasons, you will lose the time you had to travel home voluntarily and must leave the country immediately.

If you lose the time for returning home voluntarily, this means you also lose your right to accommodation and financial support from the Migration Board Italy , if you do not have children under the age of 18.

The Police can assume respon­si­bi­lity for your return

If it is not possible to enforce the decision on refusal of entry or expulsion on the grounds that you do not cooperate, the Migration Board Italy may leave the responsibility for ensuring you leave the country with the Police. If you keep away, the Police has the right to search for and investigate you. The Police also has the right to use force to ensure you leave the country.

If your case is referred to the Police, you no longer have the right to any form of cash support. Other support to help you to resettle in your country of origin will be reduced.

If the Police have assumed the responsibility for your refusal of entry or expulsion, you should contact them if you have any questions about your return journey.

New inci­dents after rejec­tion

If anything happens which means you are unable to return, you must let the reception unit know. Migration Board Italy will then consider whether there are any obstacles to implementing the expulsion. This should be new information that has appeared after you received the decision.