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EU approves stricter return rules for illegal immigrants

The rules apply not only to rejected asylum seekers but also to other non-EU nationals whose visas or residence permits have expiredillegal immigrants

The European Parliament has approved new rules aimed at strengthening the return of non-EU nationals who have no legal right to remain in EU member states. The Parliament adopted its position on the new Return Regulation on June 17, 2026.

The rules apply not only to rejected asylum seekers but also to other non-EU nationals whose visas or residence permits have expired or who otherwise have no legal right to stay and are subject to a return decision.

Under the new framework, people facing a return decision will be required to leave within the specified period and cooperate with authorities. Failure to cooperate can lead to consequences under national law, including reduced benefits or, where permitted, criminal sanctions.

Authorities may detain individuals following an individual assessment if they fail to cooperate, pose a risk of absconding or present a security risk. Detention can last up to 24 months, with a possible extension of up to six months under specified circumstances. Alternatives such as regular reporting, residence at a designated location, financial guarantees or electronic monitoring may also be used.

People considered security risks may face entry bans exceeding the usual 10-year maximum, or even indefinite bans in certain cases.

The new rules also allow EU member states to establish agreements with countries outside the bloc for so-called return hubs. People with final return decisions could, under such arrangements, be transferred to a third country that agrees to accept them, either as a final destination or as a transit point for onward return.

Such arrangements must respect international human rights standards and the principle of non-refoulement. Unaccompanied minors are excluded from these arrangements.

The framework requires respect for fundamental rights and international law. Return arrangements cannot be made with countries where the person would face a real risk of serious harm in violation of the non-refoulement principle. The rules also provide legal safeguards and remedies against return decisions.

For Pakistani citizens planning to travel to Europe, the rules underscore the importance of complying with visa and residence conditions. Overstaying or remaining without legal status can result in a return decision and, depending on the circumstances, detention or an entry ban.

Note: The European Parliament adopted its position on June 17, but the final EU legislative process and the date on which individual provisions become applicable depend on formal adoption and publication. The Council and Parliament had reached a provisional agreement earlier in June.

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