Legal definition of Duty to leave
The “duty to leave” is a legal obligation ordering a foreigner to voluntarily leave a country when their right to stay expires. Individuals subject to this procedure are instructed to prepare for their departure within a specified period, usually within 30 days or without a specific deadline for certain cases. Failure to comply with this obligation can result in serious consequences such as detention or forced expulsion. In the worst-case scenarios, the penalty may include a ban on entry into the country for a period of 2 to 20 years depending on the severity of the offense.
The “duty to leave” refers to the legal obligation for a foreign national to depart a country when their authorized stay has ended. The individual violates immigration law by remaining in a country beyond the allowed period. This automatically places them in an irregular situation in the host country, thereby authorizing authorities to take action against them. The obligation to leave may also apply in cases where the immigrant’s residence permit has been revoked or not renewed.
In general, the organization of departure within the framework of the duty to leave is the responsibility of the immigrant concerned, which involves preparing the necessary documents. However, if they encounter financial difficulties in arranging their journey, the law allows them to seek assistance from the government through a program attached to this obligation. If the immigrant is admitted to this legal scheme, the competent authorities of the concerned country organize the departure on behalf of the immigrant. They may provide them with a round-trip plane ticket, airport assistance, and additional support as per individual needs.
Etymology of Duty to leave
The term “Duty” originates from the Latin “dutia,” meaning “duty” or “obligation,” referring to a person’s moral or legal responsibility. As for the word “leave,” it derives from the Old English term “læfan,” which means “to leave” or “to depart,” indicating the action of exiting or departing from a given place. Combined together, these two words can be interpreted literally as the obligation or duty to depart from a specific place or territory. Typically, the expression “duty to leave” is used in immigration to denote the obligation of an individual to voluntarily depart from a country where they are not citizens when the period of their stay has ended.