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Voluntary return

Background information

Voluntary return places emphasis on the person’s free will to return. However, in the context of the end of reception phase, return concerns applicants for international protection who received a final negative decision on their application. They thus do not have the right to stay in the host country and voluntary return takes the form of voluntary departure, regulated by the return directive (Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals). 

As stipulated in the return directive, voluntary departure means that the person complies with the obligation to return within the time-limit specified in the return decision. Member States should prioritise voluntary departure over forced return and regularly propose this option to persons obliged to leave their territory (return directive, Article 3(8) and 7(1)). According to data collected by Eurostat, voluntary departure constitutes around 50-60 percent of all returns across the EU (Eurostat, “Third-country nationals who have left the territory by type of return and citizenship”)

In line with the return directive, once a person has received a return decision, the time-limit for voluntary departure should be between seven and thirty days. It can be extended in the specific circumstances of the individual case, such as the length of stay, the existence of children attending school and the existence of other family and social links (return directive, Article 7(1)-7(2)). 

Conversely, the time-limit for voluntary departure can be shorter than seven days if the person displays a risk of absconding, their application for a legal stay has been dismissed as manifestly unfounded or fraudulent or poses a risk to public policy or security or national security. To avoid the risk of absconding, Member States may also impose obligations on the person, such as regular reporting to the authorities, deposit of an adequate financial guarantee, submission of documents or the obligation to stay at a certain place may be imposed (return directive, Article 7(3)-7(4)). 

To assist persons in leaving the host state via voluntary departure, logistical, financial and/or other material support can be provided (assisted voluntary return (AVR)), including post-return reintegration assistance (assisted voluntary return and reintegration (AVRR)). The AVR/AVRR programmes are at the core of information provision discussed in this section.

Information provision messages

Throughout the reception pathway, consider providing the following general information about voluntary return options, to enable the persons to make an informed decision:

  • The existence and availability of assistance programmes for voluntary return.
  • The main elements of the assistance programmes.
  • Authorities or organisations to contact for further information on the assistance programme for voluntary return.

Throughout the reception pathway and in particular when the applicant’s asylum request has been rejected and/or the person was issued a return decision, consider providing general information about existing voluntary return options to enable the persons to make an informed decision. Some of the information shall be provided by specialised personnel:

  • Meaning and implications of a return decision and reasons for receiving it.
  • Current legal status of the person and (remaining) options for the future (in particular after a final negative decision on the asylum application and /or return decision). 
  • The voluntary nature of the return programme, meaning that participation is a personal decision.
  • Advantages of voluntary return over forced return, that may include cash benefits, absence of entry bans, and potential reintegration assistance.
  • Conditions associated with the voluntary return process including subsequent possibility (or not) to withdraw their consent for participating in a voluntary return programme.
  • Eligibility to participate in a voluntary return.
  • Forms of and eligibility for pre-return and return assistance (administrative, logistical, and financial).
  • Eligibility for post-return reintegration assistance. 
  • Role and mandate of organisations involved in voluntary return (International Organization for Migration (IOM) and Frontex).
  • The way to contact organisations providing specialised voluntary return counselling and support.
  • For persons with special needs, additional, specific information about specific return and reintegration assistance available for them.

Once the person has decided to participate in a voluntary return, consider providing detailed information tailored to the individual situation. Usually, this information will be provided by specialised personnel:  

  • Specific conditions applicable to the person in terms of timelines (for example: deadline within which the person has to leave the country as specified in the return decision; possibility to request an extension of this deadline, for specific reasons, such as time needed for administrative arrangements, specific medical treatments, or schooling of children, etc.).
  • Specific requirements which may be imposed if the authorities consider the person as likely to flee during the period for voluntary departure (such as regular reporting to the authorities, deposit of a financial guarantee or travel documents or the obligation to reside at a certain place (such as reception centre). 
  • Travel documents required or other administrative requirements.
  • Contact persons to organise return.
  • The procedure to request assistance and support.
  • Travel arrangements and available services.
  • Return travel logistics, including date of return travel, when and where to meet at the airport, travel itinerary, luggage requirements, ongoing assistance throughout the journey.
  • Arrival at the airport in the country of return and if airport assistance is requested, where to meet the service provider at the airport. 
  • Available reintegration services, procedures to receive reintegration support (including contact details and opening hours for the reintegration service partner in the country of return) and the ways the person can use this support.
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Practical tips

  • Provide information about voluntary return throughout the reception pathway as general standard information, with more specific details towards the end of the reception phase (after a negative decision on the asylum application or an unsuccessful appeal). Bear in mind that prior to a final negative decision, persons may not be interested in information about return.
  • Be aware that people often accept voluntary return reluctantly and display mistrust and prejudice towards officials, so the personnel communicating with them should be specifically trained with strong communication skills. 
  • Taking decision to return requires time. It is a process involving different decision-making stages (so verbal communication takes first the form of general standard information provision, then dialogue, and finally a provision of guidance). 
  • Several communication channels could be used to convey information on voluntary return, adapted to the applicants’ communication needs, including oral communication channels (direct conversations, in-person (individual, group, household) meetings, information sessions, return counselling, dedicated phone line), printed materials (leaflets, brochures developed by both the official bodies and implementing partners), digital communication (government websites, social media such as  Facebook), and audio-visual communication channels (animations, videos). 
  • Among the available communication channels, oral communication plays a vital role in instilling trust among the applicants. It ensures that individuals receive personalised guidance and feedback on any questions they might have and empowers them to make informed decisions about their future. 
  • Consider organising group information sessions for general information provision in order to reach larger groups of persons, followed by individual or family information sessions or counselling specifically addressing a particular situation of the person. During family sessions, make sure to address all the members of the family, especially women and children.
  • Information should be provided in a language that the person understands, and in conditions allowing them to ask all their questions and express their views freely, including their concerns. Professionals providing information or counselling should avoid giving any personal judgement about the applicant’s decision or actions.
  • For persons willing to receive more information, ensure that staff/counsellors are available for further information meetings and communicate their working  hours.
  • Use tailored information materials for persons with special needs (children, survivors of torture or gender-based violence, persons with mental health disorders, disabilities, and serious medical illness, victims of human trafficking, elderly persons, single parents, LGBTQIA+, illiterate persons). Examples include: specific booklets or books for children; oral communication channels, animated video or animations/infographics for illiterate persons; or involvement of specifically trained social workers.