Deportation or expulsion – Reasons for a deportation

Von anwalt.org, letzte Aktualisierung am: 5. Januar 2023

Illegal residence can result in a deportation.
Illegal residence can result in a deportation.

FAQ: Deportation

When do you need to consider the possibility of a deportation?

Is an application for asylum denied due to regulations within the asylum law, are the people concerned obligated to leave the country. Don’t the comply with this on a voluntary basis deportation can be used as lawful means.

What are the legal grounds for a deportation?

The most important legal basis is the Aufenthaltsgesetz (AufenthG) or Residence Act. Several paragraphs define when asylum seekers or foreigners have to leave the country and when a deportation is justified. More information about the legal grounds can be found here.

Are there means to fight a deportation?

Under certain circumstances it is possible to halt or suspend a deportation. If you leave the country volontarily,  the deportation decree will usually be taken back. Read here which other options might be available.

Deportation: Can that happen in Germany?

Not every person is allowed to move freely from border to border.
Not every person is allowed to move freely from border to border.

Ever since humanity has started settling in certain areas of land, territorial tenures existed. Farming and being tied to a certain place demanded protection of the tilled soil.

For that reason, mankind was subdivided into the people who belonged to the settled community on the one hand and foreign intruders who could destroy their land on the other.

With the beginnings of borders and nations territorial claims further increased. By and by the emergence of human rights in politics prevented an undifferentiated defense of borders. This is why today many people can move freely from border to border – for instance in the countries of the European Union (EU).

Yet, a lot of people cannot enjoy moving freely: Out of consequence, many foreigners have to seek refuge and asylum in Germany in order to receive a residence permit – others, in contrast, are directly expelled or deported.

But what precisely is the difference between an expulsion and a deportation? What is the prevalent procedure of a deportation in Germany? To what kind of laws does the deportation procedure trace back? In this article you can find all relevant information on the topic of deportation, the prevention of it as well as possible consequences.

Expulsion of refugees

A declined application often leads to an eviction order.
A declined application often leads to an eviction order.

Due to several international crises and humanitarian situations a lot of people seek refuge or asylum. Their reasons to do so vary and are very diverse. War or human rights violations as well as natural disasters or immense poverty can bring people to the decision to leave their home and look for shelter elsewhere.

Legal regulation for deportations: The Residence Act

§ 50 AfenthG (Residence Act) regulates the obligation to return for foreigners in Germany:

(1) A foreigner is obligated to leave the country, if he is not / not anymore in the possession of a residence permit and a right to remain cannot be granted according to the association agreement between the EEC and Turkey.

As long as the procedure for granting the right of asylum is ongoing, the applicant owns a temporary residence permit, which grants him the possibility to remain legally on German federal territory. The rejection of the application involves a denial of residence and results in the refugee´s obligation to leave

In addition, paragraph two of the article states:

(2)The foreigner has to leave German territory immediately or depart before the determined deadline for departure has expired.

This deadline cannot exceed a time span of six months after notice of the eviction order has been taken, except for some cases of hardship. If an applicant neglects the obligation to return, a deportation will be arranged.

Off to a neighboring country? What does a departure within the EU entail?

In Europe an eviction order seems to be easily fulfilled: simply by traveling to France, the Netherlands or any other neighboring country. § 50 AufenthG, however, puts a hold to this intention:

(3) By entering a different member state of the European Union or the Schengen area, a foreigner meets his obligation to return only if the country in question explicitly permits the entry and consequential residence. If the necessary requirements can be fulfilled, the foreigner has to resort to the sovereign territory of that country immediately.

In consequence, however, a prohibition from residing in Germany equals a residency prohibition in Europe and the Schengen area respectively.

Removal procedures

§ 50 AufenthG contains some basic regulations about the obligation to return.
§ 50 AufenthG contains some basic regulations about the obligation to return.

In the course of the asylum proceedings an eviction order is decided by the Federal Agency of Migration and Refugees (BAMF). As a general rule an asylum seeker receives the eviction order together with the refusal of the asylum request as well as a deadline for voluntary departure.

Usually, this time span lasts one month. Only after that deadline has expired, a deportation can be demanded. This procedure, however, falls into the remit of the responsible Aliens Department of the particular federal state.

Often federal police force carries out the deportation. If a person obliged to leave the country and fights the resettlement vehemently, he can be escorted to the airplane by a federal police officer.

In some federal states authorities started to withhold information about the specific dates of deportations. This procedure is used only for families without children. In this manner authorities try to prevent people from evading and going into hiding. Human rights specialists condemn this procedure as inhumane.

Airport regulations

A separate and accelerated version of the asylum procedure is the so-called “airport procedure.” It can, of course, only be valid for foreigners entering federal territory by air. Before leaving the transition area of the airport, the passenger has to apply for asylum. This procedure especially applies to foreigners with no or fake documents as well as people, whose country of origin is listed as secure.

In this instance the Federal Border Guard instead of the BAMF has got the final authority. Within two days the Federal Border Guard has to decide whether an application is unsubstantiated or not.

In the former case, a refugee is not entitled to enter the country. However, there is the possibility of consulting a lawyer and handing in an application for legal protection at the Higher Administrative Court within three days.

Deportation after a criminal offence

If an applicant neglects the obligation to return, a deportation will be arranged.
If an applicant neglects the obligation to return, a deportation will be arranged.

Not only denied residence permits are the reason for deportations. Foreigners, who already own a residence permit, can likewise receive an eviction order.

If a foreigner commits a severe crime, a deportation can be authorized according to both the aliens act and the residence act. If a person poses a serious threat for others or the federal state of Germany, a deportation can be enforced with a special form of detention.

Legal foundations responsible for a deportation after criminal offenses

§ 53 AufenthG states:

(1) Foreigners whose stay endangers public safety and order, the free democratic basic order or other significant interests of the Federal Republic of Germany will be expelled if, after weighing the interest in their departure against their individual interest in remaining in the federal territory, taking into account all the circumstances of the particular case, there is an overriding public interest in the foreigners’ departure.

In this very case the eviction order will not be authorized by the BAMF but by the responsible aliens department or a judge. What happens, however, if an asylum seeker, whose status as a refugee has been acknowledged, commits a serious crime?

In this case, risks and benefits of two different legal assets need to be opposed: The right to asylum and the right of public security and protection of the basic democratic order. Usually the right to asylum is estimated higher than the other – except for cases of extreme hardship:

(3a) A foreigner who is recognised as a person entitled to asylum, who has the legal status of a refugee in the federal territory or possesses a travel document issued by an authority of the Federal Republic of Germany under the Convention of 28 July 1951 relating to the Status of Refugees (Federal Law Gazette 1953 II, p. 559), may be expelled only if there are serious grounds for regarding the foreigner as a threat to the security of the Federal Republic of Germany, as a terrorist threat or as a threat to the general public because he or she has been incontestably sentenced to a prison term for a serious crime.

Often the deportation is carried out by federal police force.
Often the deportation is carried out by federal police force.

The final decision here lies within the authority of the aliens department, who can work in close consultation with the BAMF. German legislation demands a deportation when several deliberate crimes or particularly severe crimes have been committed.

Owing to current developments, special attention has lately been given to participations in terroristic groups (§ 54 AufenthG). Before a refugee is sent back to a war region, however, all relevant circumstances of every individual case will be observed by the responsible authorities.

Deportation detention

If there is reasonable ground for suspecting that a foreigner, being the subject of removal orders, is about to go into hiding, a so-called deportation detention can be arranged.

It can last up to 18 months and is supposed to guarantee that the person concerned can be expelled at any time and will not start a life as an illegal citizen. Deportation detention was especially established for asylum seekers who have committed severe crimes. In this case, the state has a strong interest in resettling the criminal.

Return to Germany after a deportation?

If an asylum seeker has been deported from German grounds, the state usually issues a re-entry ban. This ban is absolute and needs to be maintained at all times. Even residing in the transit area or visiting one’s family is not permitted anymore.

Foreigners then have to expect rejection at the border and cannot enter the state. The re-entry ban lasts up to 10 years, but can be extended depending on the case.

Correspondingly, the European Court of Justice decided in 2015 that re-entering a state illegally can be sanctioned by the countries of the EU. A prison sentence might follow even though a re-entry ban has once been issued.

Can a deportation be prevented?

Denied residence permits are a common reason for deportations.
Denied residence permits are a common reason for deportations.

Although there are currently many foreigners living in Germany who are supposed to be resettled, final deportations are hardly ever arranged.

Bureaucratic barriers and overworked authorities lead to residences that last longer than intended.

In the context of the current refugee crisis countries also prefer participation and cooperation rather than removals with the help of police force.

Voluntary departure

Deportations are arranged differently among the federal states. Some push through radical procedures, some insist on cooperation. The so-called “voluntary departure” is an alternative option to an impending deportation and assures a certain level of autonomy and dignity.

Furthermore, refugees and rejected asylum seekers can obtain information at one of the support centers for returnees in order to assess whether a voluntary departure should be preferred to a deportation. In the former case, the state pays for travel expenses and a little starting budget for returnees. This varies between 300 and 750 Euros and facilitates the reintegration.

Exceptional leave to remain as an alternative to deportation

An abandonment of resettlement can be evoked for reasons of the international humanitarian or human rights law as well as political interests of the Federal Republic of Germany (§ 60a AufenthG). Many times, however, urgent personal reasons can stop an impending expulsion. This temporary abandonment of resettlement is then called “exceptional leave to remain.” It does not absolve anyone from the burden of their return, but rather freezes up the process. Yet, this cannot be put on a level with a residence permit.

The asylum law in Germany: Working permit in a time of tolerance?

If a foreigner commits a crime he/she can be deported.
If a foreigner commits a crime he/she can be deported.

Under certain circumstances foreigners will be able to work in Germany, even if their residence is only tolerated. However, finding work may prove difficult due to the impending departure.

The exceptional leave to remain must be updated every six months and, if need be, extended. If a foreigner misses these appointments, a deportation can be carried out with full force. For that reason, employees who only have an exceptional leave to remain, constitute a certain risk for their employer.

So far, not every tolerated person is actually allowed to work in Germany. § 60a AufenthG specifies:

(6) Foreigners whose deportation has been suspended may not be permitted to pursue an economic activity if

1.  they entered the country to obtain benefits under the Act on Benefits for Asylum Applicants,

2.  measures to terminate their stay cannot be carried out for reasons for which they are responsible, or

3.  they are nationals of a safe country of origin according to section 29a of the Asylum Act and an asylum application which they filed after 31 August 2015 has been denied or withdrawn, unless the application was withdrawn based on advising from the Federal Office for Migration and Refugees as referred to in section 24 (1) of the Asylum Act, or no asylum application was filed.

Foreigners are in particular responsible for reasons referred to in sentence 1 no. 2 if they themselves have brought about the obstacle to deportation by their own deceit concerning their identity or nationality or by furnishing false information. Sentence 1 no. 3 does not apply to unaccompanied foreign minors whose asylum applications have been withdrawn or for whom no application for asylum was made if the application was withdrawn or no application was made in the best interests of the child.

For these reasons, it is a common fact that most of the people having an exceptional leave to remain will not have an access to the job market. Those who do have a working permission only have limited access to the job market.

Reasons for preventing deportation

How can one explain the fact that, despite the high numbers of foreigners obliged to leave the country, comparatively few deportations and voluntary departures can be recorded?

Before a country can resettle refugees, all legal aspects of the individual deportation or eviction have to be flawlessly inspected. This, however, is not always possible.

Missing proof of identity

If the foreigner is suspected to go into hiding deportation detention can be used.
If the foreigner is suspected to go into hiding deportation detention can be used.

Many asylum seekers do not have a passport. In most cases authorities cannot determine without doubt, what country a person is from or where he can be sent back to. Before a deportation can be carried out, the nationality of the person inflicted has to be clarified – or else the country of destination approves the admission.

Although substitute papers can be ordered, this will take a great amount of time. Often neither the person obligated to leave the country nor his respective country of origin cooperates well with the authorities. The latter sometimes even refuses repeated admittance of the refugee.

Inability to travel

Frequently, deportations are carried out by air. This procedure holds certain dangers. If a doctor confirms a refugee´s incapacity to travel, the process of deportation needs to pause.

Authorities suspect a high number of misusage with respect to medical certificates, because these are frequently shown only when a concrete deadline for deportation has been announced or the police pays a visit. Fraud has to be confirmed – until then the deportation process pauses.

Urgent personal reasons

If a person seeking asylum can produce valid personal reasons (according to § 60a AufenthG), a deportation can be delayed. A justifiable reason might for instance be a surgery that could not be performed in the country of origin.

Also nursing a sick family member or the beginning of an apprenticeship before turning 21 years-old might be valid reasons for preventing a deportation.

Using the help of information centers

The so-called re-entry ban lasts up to ten years.
The so-called re-entry ban lasts up to ten years.

If an application for asylum has finally been rejected, asylum seekers can file a lawsuit at the Higher Administrative Court.

The court then examines again, whether the refugee should be granted asylum or whether the decision of the Federal Agency for Migration and Refugees can be justified.

Depending on what grounds an application was rejected, there are different deadlines for filing a lawsuit at the Administrative Court.

In principle, once there has been a negative notification, one should visit an information center or a lawyer. The deadlines are set narrowly, before a deportation is announced.

  • If an application is rejected as “obviously unsubstantiated”, the deadline is one week.
  • If an application, however, is only rejected as simply “unsubstantiated”, the foreigner has got four weeks to file a suit.

In the former case, a lawyer can – by means of an accelerated procedure – evoke the delay of the deportation till after the court has decided about his case.

In case of the latter, a deportation is per se arranged after the court judgement. An additional application for delay is then unnecessary.

At court the lawyer or the asylum seeker himself can present the case. After detailed investigation of the circumstances, the court passes a sentence. It either confirms the decision of the BAMF (then the plaintiff is forced to leave the country) or the court decides that – even if the asylum seeker will not receive a residence permit – he can receive an exceptional leave to remain.

What is more: The Administrative Court can completely revoke the decision of the BAMF and grant a residence permit.

§ 58a AufenthG states:

(4) After the deportation order has been announced, foreigners are to be given an opportunity to contact a legal adviser of their choice without delay, unless they have secured the services of a lawyer beforehand; foreigners are to be informed of this entitlement, of the legal consequences of the deportation order and the available legal remedies. An application for temporary relief pursuant to the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung) must be filed within seven days of announcement of the deportation order. Deportation may not be enforced until the period referred to in sentence 2 has expired and, if an application for temporary relief is filed in time, until the court has decided on said application.

As a rule the lawsuit is the last possible chance to prevent deportation once the application for asylum has been denied.

One might appeal against this judgement, yet this appeal is hardly ever successful.

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Deportation or expulsion – Reasons for a deportation
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62 Gedanken zu „Deportation or expulsion – Reasons for a deportation

  1. Ro

    Hi

    I was denied asylum in Germany and deported in November 2004.
    Can I re-enter a Schengen country or there might be a ban on me. You mentioned a ban could be for ten years. It has been more than ten years> I had a clean record without even any problem! I checked with a lawyer, he said there is a ban on me but he doesn’t know for how many years! He also said there is some money I have to pay to the German government as deportation costs!
    I want to enter a Schengen country again- Not Germany. What should I do? I don’t have money to pay to lawyers and the German government

    With Best Regards,

    Ro

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Ro,

      it is best to contact the agency for asylum affairs in that country you want to enter. They should know, if there is still a ban existing. They probabaly can give you further information on your case and tell you what to do.

      Your team of anwalt.org

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hallo Raouf,

      if your application was denied you’ll be asked to leave the country. A work permit will not be possible in this case. You can only apply for a work permit if you are legally allowed to stay in Germany.

      Your team at anwalt.org

  2. Akbar

    Hello

    I got my refugee status of 3 years .

    I have some problem with my ex gf. She had reported me of Nachstelung. She said to police court I am stalking her since April ..but even since january 2016 until July 23 we were together ( sometime angry sometime happy )…she and me had a long argument on 23 July but I went to my home and came back next day said hi sorry but she call police nd said I am stalking her since April even on 24 May my appointment with auslanderbehorde she was with me and all other days months too her friends know this …well it’s a long story I make it short ..

    I was stupid I didn’t stop and went few times try to talk to her nd msg her she put restraining orders on me but I didn’t understood at first and I msg her few times again nd 2 times talk to her personally …since September 2016 until today 19 May 2017 it’s going on and she started telling lies to police court that I hold her hand hold her shawl and hit her many times .I asked police if I hit her where is her face pictures there must be something that her face red or her can see through her face skin no scars nothing at all..she went to hospital made up story as can say ( beat the system )to take some medical certificates and give it to court police ……

    First restraining orders from septem until January…which I got fine from court and I am paying currently that fine ….

    Second restraining orders January 13 2017 until October 2017 …during second one she started making up some emotional stories such as I am German can’t go out of house I am afraid of him even thats not true I told to police check her phone all will be clear she can go out or not and why is she afraid I did nothing not doing anything she making stories all these types …..she once said I will fuck your asylum but I got it already that s why she is making emotional stories …i was near her house where there is a heim where I go always but that s more then 300 metres

    as a lawyer you had this type of many cases spacially when involving foreigner and local partner. So my question is will I still can be deported because of this ?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Akbar,

      we are not able to judge if these instances and occurrences might influence you status or your application. It lies within the right of the authorities to decide based on these information. We are not allowed to give legal counsil, so personally contacting a lawyer might be advisable in your case.

      Your team at anwalt.org

  3. Arfan

    hallo , ich heiße Arfan A. bin abgeschoben von deutschland zürück nach mein heimatland aber ich hab papier auch von anderen EU länder. bin auch jetzt in Italian und Arbeiten. ich wollte nur weißen kann ich jetzt wieder nach deutschland kommen ? wenn nicht dann wie lange kann ich nicht und welche büro kann ich Fragen wegen desie zeit für land verboten.
    Lg
    Arfan A.

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hallo Arfan,

      nach einer Abschiebung besteht meist eine Einreisesperre – dann können Sie nicht wieder nach Deutschland zurück.

      Ihr Team von anwalt.org

        1. Anwalt.org - Finden Sie den richtigen Anwalt!

          Hallo Arfan,

          dies kann vorab nicht eingeschätzt werden, da dies im Einzelfall von den Behörden entschieden wird. Unter Umständen ist sogar eine lebenslange Sperre möglich.

          Ihr Team von anwalt.org

  4. Zibra

    Hello,
    Thanks for the valuable information.I was still in the asylum procedure but never interviewed and I got a full time job and a work allowance so I am working now. During my work I got a duldung or Tolerance but still with work permission however I never handed my passport. My lawyer contacted the Ausländerbehörder and asked them if they can grant me a blue card. They said yes but we need his passport for that reason. So I am suspicious about it because by law, someone with duldung cannot be granted a blue card so I need your opinion please. I am eligible for the blue card as all criteria from salary and university degree are there including my full time job.
    So are they lying or it can happen?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Zibra,

      we are not allowed to give you a juridical advice. But in general, it is possible to get the blue EU-card, if the requirements are fulfilled. Ask your lawyer, if to hand in your passport.

      Sincerely yours,
      the Team of anwalt.org

  5. David

    Hello, I am David, I live in Germany . My asylum in Germany was denied but I have appeal against it with evidence like affidavit of oath sworn in high court of justice for life threatening and violence, police report for life threatening , picture and video cd of my mum struck with madness by occultic group and a written letter my uncle put down in paper, all this evidence my lawyer send it to tribunal in Germany. With this kind of evidence to my story can i get acceptance from the judge?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello David,

      we cannot judge how this kind of evidence will influence your asylum application. The final decision lies within the responsibilty of the court and authirities. Please contact your lawyer with questions concerning your process. We are not able to assess as possible success.

      Your team at anwalt.org

  6. Alexcrf

    Hi,
    I’ve been living in Germany since 2012 and since 2016 I am married with a Germany woman. We’ve been living together for almost 4 years and the reason I came to Germany was studies purposes (study visum as well). I went recently to the Visa office (Auslanderbehörde) to renew my visa and hand in the marriage documents and they refused to change my status to spouses visum and I still hold an student visum. they only extended although they have officially all the documents from the marriage as well as all the certificates (German level B2,). Is this attitude from the Auslaenderbehoerde normal?
    At the moment I am unemployed and have no income but my wife is still working and can secure a safe income that fullfil for both of us to live.
    Can a deportation order be sent to me if I refuse to get the student visum? How long does it take me until I get a permanent resident permit since I’ve been living here for such a long time?

    Thank you

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Alexcrf,

      if you do not have a valid visum, a deportation can happen. You can apply for a spousal visum once your study visum has expired. You should seek legal advice on how to proceed, which we cannot provide. Usually a permanent resident permit can be applied for after 8 years of constant residency in Germany. What you need for that application you might ask for at the responsible „Einbürgerungsbehörde“.

      Ihr Team von anwalt.org

  7. Fabio

    hello..im albanian and i have been deported from berlin because a rejected asylym request..now im not allowed to enter in schengen zone for 3 years.have past 1 year now.can i do something to be allowed for traveling in EU.maby not in Germany but in another EU state?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hallo Fabio,

      if you are banned from entering the Schengen-countries, you can apply for a shortening of the ban. You can do that with the officials who issued the ban and only if you haven’t been rejected due to a crime. If you want entere any other country you should clear that with the authorities there as well.

      Your team at anwalt.org

  8. Raouf

    Hello , thank you for all informations, i am an asylum seeker since February 2017 and i got a contract of full time work and made an annerkennung for my diplomas and my work experiences , i delivered my passport in aeroport ,and my first asylum was directly in Germany , and i got first refusal from the bamf but not any duldung ,and i am making reclaim to the court , i am paying my taxes and living with my money , can that protected me from the deportation ? , And have i right to applicate for work permit residency ? , Please if possible a clear answear , thank you

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Raouf,

      the authorities will usually consider all the circumstances regarding the asylum seeker. We cannot predict how your situation might benefit your application. We would advise you to contact a laywer to clear everything up concerning your status and how it might help in case of a deportation. We are not allowed to give legal advise.

      Your team at anwalt.org

  9. asmah

    hello sir
    my name is asmah my asylum was rejected for past 6 month i was ask to go to my embassy to provide my passport or travel certificate , but when i went to my embassy they wrote me a letter i dont have any prove that i was from my country so they can not issue me passport and travel cirt , please i want to know please can i still deport without travel cirt or passport or what will they do to me now afraid
    my regards

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello asmah,

      in this case we advise you to contact a lawyer as we cannot provide legal advice. Any lawyer specialized in the rights of asylum seekers should be able to help you with that situation. You also should contact the authorities and infrom them about the situation concerning the passport.

      Your team of anwalt.org

  10. Morad

    Hi , my name is Morad .
    In 2009 i came to italy with a study Visa , then in 2010 I came to germany and applied for asylum with fake name and I satyed for two months and my asylum was rejected .
    Later I went voluntarily to the german authorities and I asked for return to my country (Lebanon ) they told me that you are allowed to come back in 5 years , so I went back .
    But two years after the return , I applied for studying italian visa ( schengen) again , and I got it without any problem and I used to come to germany from italy for short visits .

    This year I married a german woman and I got the german marriage certificate then I applied for a family reunion Visa at the german embassy in italy
    Through my communication with the german authorities to track the visa status , they found out that I was asylum seeker in germany in 2010 and they are still studying my case .

    Will I be given the visa , or are there any difficulties ?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Morad,

      we cannot predict the outcome of this process as it lies within the hands of the authorities. There might be hinderrances concerning you application due to past offences. How and in which way they might influence the decision is not something we are privy to or can assess. In this case you’ll have to wait for the decision to be made.

      Your team at anwalt.org

  11. james

    Hello, I am James. I landed in Germany and travelled to Finland and there I seeked assylum. After examining my case I was sent back to Germany on grounds that it’s Germany that is responsible for my assylum. Will this have a negative effect on my assylum process in Germany ?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello james,

      we cannot predict the outcome of your asylum process or if you traveling to Finland will influence it at all. You need to clear this with the responsible authorities. As the process is solely worked by the authorities we do not have any inside knowledge about how your application is being handled.

      Your team at anwalt.org

  12. eddie

    hi i was in assyl but was rejected i had a baby with an EU citizen who was born and residing in germany,recently auslander demanded for my passport and now they told me to leave the country…i have sorgericht and all the neccesary documents covering my child but they still said they will deport me…..do i have a chance of refusing deportation?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello eddie,

      if a deportation has been issued only a lawyer can legally take actions against it. We are not allowed to give you legal advice therefore we would like to ask you to consult a lawyer at your place or residence.

      Your team at anwalt.org

  13. Muhammad

    Hi,
    i came in Germany in 2015 on the student visa ( language,student kollege visa) but after coming here, I found the relevant study ( license in Aircraft maintenance engineering) which is in Germany entitled as Fortbildung and I have started it 1 years ago. 3 months ago I went to the behorde for Visa extension, the visa officer took my passport and gave me the FIXION bescheinigung now 3 days ago I got the letter form behorde in which stated that I have to leave Germany next month otherwise they will deport me… although the training is paid(self-paid) which is around 15k Euro… and I need only 5 months more to complete this training I have tried to convince the visa officer but she is not understanding the situation and she has issued me a deportation letter …….

    Thanks

    Any kind of help will be appreciated

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Muhammad,

      we are not allowed to give legal advice on this matter. A lawyer however might be able to help concerning the deportation. Please consult a lawyer for further information about how to go on.

      Your team at anwalt.org

  14. Nosheen

    If some one is being deported from germnay. Can that person try to come back legally with legal paper work lets suppose marriage? If yes whats the time frame since the day deportation took place.

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Nosheen,

      after a deportation an entry ban is usually impossed. How long this is valid, depends on the case. It can be several months or years. The deportation notification schould hold any information on this. You can inquire if a ban exists and for how long at the Ausländerzentralregister. You can also inquire with the responsible authorities who issued the deportation if you can apply for a reduction of the ban.

      Re-entry to Germany is usually only possible when the ban (reduced or not) is served. An application for a visa is still necessary even if ypu are married to a German citizen or have a work contract. If you enter Germany during an existing ban, it usually counts as a criminal offence.

      Ihr Team von anwalt.org

  15. Dav

    We are family with small kids our case is rejected and from court also is ig ang other way to stay here we have no option my kids also learnt german now please reply

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Dav,

      if your application fpr asylum has been rejected, there usually is not other way to remain in the country. You can try to reach a temporary Duldung with the responsible authorities but we cannot predict if that is possible for you. Since we cannot provide legal advice we would like to ask you to contact a lawyer for asylum law.

      Your team at anwalt.org

  16. Xavier

    I am up for deportation and have exausted all appeal chances,I have received further support documents from my home country from the police stating that I am a wanted person for Electoral Fraud,this is political which is the reason I escaped and also a letter from the court’s there stating that I must appear to answer to these charges,can these papers help in overturning my deportation and can I resend them to the administrative court on my own,thanks

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Helllo Xavier,

      we cannot provide legal advice and would like to ask you to consult a lawyer for asyul or immigration rights. We can’t judge the legal situation or whether your papers can influence the decision concerning your deportation.

      Your team at anwalt.org

  17. led55

    hello
    i was deported from germany because i was trying to go to england with fake italian id.
    i was banned from schengen area for 3 years . i was catched on february 2018 is there any way with a lawyer to remove it from schengen ?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello led55,

      usually such a ban is not up for negotiation. This means it cannot be liften or shortened when it was installed due to a criminal offence. You can contact a lawyer to see if there are any other options of course.

      Your team at anwalt.iorg

  18. Ilyas

    Hi,

    What does it mean when the Ausländerbehörder asks someone with Duldung but have work permit and works full time to bring his payslips for the first three months of working ? . Could this be a sign that they want to grant me an Aufenthalterlaubnis ? I have also done my integration course and passed the to get B1 level Deustchkurs

    I don’t take money from the government and I am responsible for myself

    I have no asylum but I have a kid with a German woman, I pay Unterhalt and I visit my son every week. The Ausländerbehörder knows about this .

    The Jugendamt sent a letter to the Ausländerbehörder informing them of my relationship with my son.

    Application to court or get shared custody hasn’t been successful as the court said I needed to improve the communication problem with my Son’s mother.

    Thank you

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Ilyas,

      we cannot provide information why the Ausländerbehörde has asked you for these kind of information. It might be a due process to varify that you are able to support yourself. As we cannot specualte about the reasons, please see the responsible authorities and ask for further information there.

      Your team at anwalt.org

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello khan,

      we cannot predict if another application would be successful. What you cannot do, is apply for asylum twice. If have already applied for it, than a new application is usually not possible. Please contact the responsible Ausländerbehörde. They usually are able to inform you further.

      Your team at anwalt.org

  19. Hasanat

    I am a Bangladeshi student. During my application period I applied for national visa. My course was pastime MBA for two years in Germany. So, university arranged German language course for me from A1 to C1 for the whole time and also told me that is the solution to get your visa. I did that and finally embassy suggested me to withdraw my application and again to apply for long term schengen visa. When I did so, they gave me visa. But in Germany I did not get work permit and they told me to depot. I took a lawyer and filed a case. But suddenly they deported me and what should I do now?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Hasanat,

      we cannot providelegal support. Please contact a laywer and discuss our case with them. We cannot determine why you were deported or for what reason authorities decided this way.

      Your team at anwalt.org

  20. Amanpreet

    Hello,
    I am a Indian girl and my Husband was deported from German on 26Nov, 2018. Currently I completed my Ielts and my husband had worked in Germany from last 8 years and his case for Permanent resident was going on but suddenly he got refusal and deported to India back with ban of 5 years. Can he enter to Germany back with the spouse visa or not. Or I will also not able to enter with him in the same Country Germany.
    Kindly Help!
    Danke

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Amanpreet,

      if there is a ban active that person is not allowed to enter germany for that period of time. You can appl fpr a shortening of the ban at the authorities who issued it. But that is onl possible if the ban wasn’t issued due to a criminal record. If the ban has been served and the costs of the deportation have been paid, your husban should be able to apply for a visum again.

      Your team at anwalt.org

  21. Kevin

    Hello,

    I have doubts about my residence status. I was granted a student visa on October 2017 to study in a university on Germany. However, the student visa only lasted for 6 months and I have to extend my visa into residence permit. I was granted 2 years of residence permit period (until February 2020). The question is that I decided to change my university due to the change of research interest after spending one semester in my formal university, which is around one year ago. I am currently studying in a new university. However, I forgot to report my change of status to the Ausländerbehörde, as it is stated in my Zustazblatt that my residence permit is bounded to my formal university. I only realized it recently and have report this issue to the Ausländerbehörde. The person in charge were quit angry about such issue and they gave me an appointment at May 2019 so that I can bring all the relevant documents. In such case, will I be deported from Germany due to my action failing to report my residence permit status?

    Thank you.

    Sincerely,
    Kevin

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Kevin,

      unfortunately we cannot predict that outcome of your situation. If possible please see a laywer for help. We can’t provide any legal counseling. It might be possible that your student permit/visa will be revoked but we can’t say for sure.

      Your team at anwalt.org

  22. kacie

    hi.i need clarification on my case.my application was inadmissible and i voluntarily decided to be transfered to the Dublin state incharge.after 6months from my asylum application Date i get an appointment to receive a temporary ban on my deportation order otherwise known as Duldung.what could be the reason for this?Is the government now ready to handle my case or what could be the idea behind this?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello kacie,

      usually a Duldung is issued when there is no reason for asylum but a deportation is currently not possible. That means you are tolerated in the country for a certain period of time. During that period you usually cannot be deported. For further legal advice please contact a lawyer as we cannot provide any kind of legal help.

      Your team at anwalt.org

  23. Ikukoyi

    Hello please my bf was deported back to Nigeria 2weeks ago and he d father of my daughter he has d paternity recognition and he has been working for 5years in Germany he has his own apartment he doesn’t have any criminal record.please my question is that can they ban him from entering Germany if yes for like how many years please

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Ikukoyi,

      if your boyfrined was deported and didn’t leave the country voluntarily, then the ban should be mentioned in the documents for his case. A ban can last up to ten years. PLease contact the „Ausländerzentralregister“ to ask how long the ban in this case is set to be. We cannot provide any kind of legal advice.

      Your team at anwalt.org

  24. Asenoguan Q.

    I was deported from Germany to Italy last week and I want to go back there because my husband is there so I want to go back to my husband please I don’t know would there be a problem if I go back?

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Asenoguan Q.,

      in a case of deportation there will be ban in place. That means, you will not be allowed to enter Germany for a certain period of time. This time should be mentioned in the documents concerning your deportation. Please contact the responsible authorities if that is not the case. They should be able to tell you for how long you will be prohibited to enter Germany. We are not allowed to offer any legal advice.

      Your team at anwalt.org

  25. Imtiaz

    Hello. I want to know i was in Germany as a aslyum seeker but my asylum was rejected and thy deported me back to my home country. And i don’t know how long thy put a ban on me. Nd can i re entry if i have a German work permit?? And i haven’t any criminal record in germany please guide me nd tell how i can remove my ban ?

  26. zain

    hi 3 year ago i came in germany exchange study after finished my exchange period i need to go back italy but i did not go i decide to stay germany so i take admission in language course auslanderbahorde give me language visa 6 month and after said me bring the admission letter from university i said i need the b2 german language then i can apply so they give me every time visa and said me bring university admission letter so this year i apply he university admission due to some reason university reject my admission i have appointment next week so my question is if i go for appointment they have right to deport me or they give me letter just say leave the germany

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello zain,

      we cannot predict how the Ausländerbehörde will decide in your case. It is possible that you will not get an student visa if you cannot provide the necessary documents. A deportation might be possible in this case as well.

      Your team at anwalt.org

  27. Narinder S.

    Hi im narinder from india .im wrking here frm last 3 years.with füll papers .and i have Bescheinigung für Aussetzung die abschiebung.and they have given letter in that they said i can grant Aufenthalterlaubnis for 25b … and i m here from last 13 years .can i get Aufenthalterlaubnis. Thanks.

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello Narinder S.,

      we cannot judge if you fulfill all the requirements for an Aufenthalterlaubnis. You should clear that with the authorities like the Ausländerbehörde. We cannot offer legal advice, so if you need that, please contact a lawyer.

      Your team at anwalt.org

  28. zain

    hallo my name is zain you are saying possibility to deportation is possibile my question is before deporation they inform me or send me any letter from deporation or just pick me home and deport

    1. Anwalt.org - Finden Sie den richtigen Anwalt!

      Hello zain,

      usually you will be informed about your legal status and what you’ll have to do regarding leaving the country. If you stay illegally, a deportation without notice might be possible. Please seek legal advice from a lawyer if you wish further information about the process.

      Your team at anwalt.org

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