News · European Union
EU Council adopts the new Return Regulation
On 1 October 2026 the Council of the European Union gave final approval to the new regulation on the return of third-country nationals with no right to stay. It creates a common EU system for enforcing return decisions.
Summary
In brief
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Member states record return decisions on a common form, the "European Return Order".
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Recognition of another member state's return decision is voluntary for now and will be reassessed after three years.
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For persons posing a security risk, indefinite entry bans and detention beyond 24 months are possible.
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Member states may set up return hubs in non-EU countries; unaccompanied minors are excluded.
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The regulation enters into force on publication in the Official Journal; provisions requiring preparation apply after one year.
Background
What happened
According to the Council's release of 1 October 2026, member states will record return decisions on a common form so they can be shared at EU level. Recognition of another member state's decision is voluntary; it will be reassessed after three years, after which the Commission may propose making it mandatory. For persons posing a security risk, member states may, where justified and proportionate, issue indefinite entry bans or detain them beyond the standard 24-month limit.
Member states may set up return hubs in non-EU countries under an agreement with that country; unaccompanied minors are expressly excluded. The regulation enters into force on publication in the Official Journal; the provisions on return hubs apply immediately and those requiring preparatory work one year after entry into force. Irish Justice Minister Jim O'Callaghan said in the release: "Around two in three people ordered to leave the EU do not actually leave."
For you
What it means for you
- Who it covers: the regulation applies to people with no right to stay; it does not affect the status of people living with a valid permit.
- Meeting deadlines: file renewals before your permit expires and with complete documents, so that your residence remains continuous.
- Lawful residence: we agree renewal dates with our clients in advance.