Deportation from Germany: main reasons and how to avoid it

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Deportation from Germany: main reasons and how to avoid it

Deportation from any country is a serious problem for immigrants, and Germany is no exception. For many who have come to Germany in search of a better life and opportunities, deportation can be their worst nightmare. Find out more about the main reasons why immigrants can be deported from Germany and tips on how to avoid these troubles

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According to the EU Asylum Agency, Germany accounts for almost 30% of the total number of asylum applications in Europe. It is extremely difficult for the country to overcome the huge influx of refugees. This highlights the problem of lack of housing, jobs, and resources for the integration of migrants into society. For example, the shortage of places in kindergartens is 400,000, and schools need at least 14,000 teachers.

German Ministry of the Interior reports, as of August 2023, there were more than 1 million migrants from Ukraine in the country. Most of them were not included in the statistics of asylum seekers. This is due to their special status of temporary protection. But Ukraine is not the only refugee crisis region. The Federal Agency for Migration and Refugees reports that as of 2023, 200,000 asylum applications have been filed in Germany. 70% of this number are men.

Rejection of an asylum application

Almost 300,000 migrants in Germany have received an official order to leave the country. Most of them have the status of "Duldung", which allowed them to postpone deportation for certain reasons. The competent authorities are unable to establish the citizenship of almost 100,000 illegal migrants. The most common reasons for postponing deportation include:

1. Serious illnesses and health problems confirmed by official certificate

2. Dangerous situation in the migrant's country of origin

3. Lack of identity documents

4. Unwillingness of the country of origin to take the migrant back

Another problem is that persons with "Duldung" status are not entitled to legal employment. The burden of providing for them falls on the state. As of June 2023, about 55,000 people have received deportation orders. Of these, only 7861 people officially left the country.

Who is subject to deportation from Germany?

To stay in Germany legally, you need to obtain an Aufenthaltserlaubnis residence permit. Refugees receive a temporary permit while their case is being considered. In case of refusal, they are obliged to leave the country within a certain period of time (up to 6 months). The competent authorities need to be provided with a Grenzübertrittsbescheinigung certificate of timely border crossing. Those who fail to fulfill this condition may be forcibly deported. It should be noted that the ban on entry to Germany is indefinite. In addition, the following persons are subject to deportation:

1. Foreigners who have attempted to illegally cross the border or violated customs regulations or the procedure for staying in the territory of the Schengen countries

2. Persons who were found to be using forged documents;

3. Foreigners included in the AZR list (national register of persons undesirable for entry)

4. Persons convicted in the EU of a crime punishable by imprisonment for a term of 1 year or more

5. Foreigners whose stay poses a threat and danger to public order or internal security of the EU

6. Foreigners who have facilitated illegal immigration to Germany

7. Persons who have received a deportation order and have not compensated the state costs

Persons who have not left the territory of Germany on time or have not provided a Grenzübertrittsbescheinigung certificate will receive an order banning them from entering Schengen countries. The data will be entered into the AZR register and the Schengen Information System.

Who decides on deportation in Germany?

In Germany, there are two institutions responsible for implementing the deportation procedure: The Ausländerbehörde (the Federal Office for Foreigners, subordinated to the governments of the federal states) and the Bundesamt für Migration und Flüchtlinge, BAMF (the Federal Office for Migration and Refugees).

The Ausländerbehörde is primarily responsible for issuing and enforcing deportation orders. The BAMF can issue deportation orders in asylum cases. The responsibility for the person will be borne by the agency of the federal state where they reside.

In case of failure to voluntarily deport in a timely manner, the BAMF may request assistance from the police. Responsibility for the deportation procedure lies with border control, so deportation is the responsibility of the Federal Border Police of Germany. In addition, the state authorities can also issue a deportation arrest warrant for up to 18 months. 

The right to appeal against a government decision

Foreigners who have been denied asylum have the right to file an appeal with an administrative court to challenge the BAMF's decision. If the appeal is rejected, the person has one week to appeal the decision. 

 Igor Usyk - Head of Legal Department at Visit World

If you are facing a situation close to deportation, please contact our team for advice from an international lawyer. We help to solve complex and simple issues in migration, stay or deportation from Germany.

How to avoid deportation from Germany

No one wants to find themselves in a deportation situation, so it's important to follow the laws and rules of staying in the country. Here are some tips that can help you avoid deportation from Germany:

1. Keep track of the validity of your documents. It is important to always make sure that your visa or residence permit is renewed on time. Pay attention to the expiration dates of your documents and apply for an extension in time.

2. Submit truthful information. Never try to submit fake documents or provide false information when applying for refugee status.

3. Avoid criminal activity. Follow the law and avoid engaging in any criminal activity. Any crimes can lead to deportation.

4. Comply with the terms of your residence. Make sure that you comply with the conditions of residence specified in your residence permit. For example, if you have the right to work, do not work illegally

5. Cooperate with the authorities. If you have any questions about your status or other legal issues, it is best to seek assistance from the relevant agencies and lawyers. Cooperation can help solve problems without deportation

6. Follow migration laws. Learn about and comply with German migration laws. Knowing your rights and obligations can prevent violations.

7. Seek legal assistance. If you have any legal questions or doubts about your status, it is best to seek the services of lawyers.

Products from Visit World for a comfortable trip:

Checklist for obtaining a visa and necessary documents in Germany;

Legal advice on immigration in Germany;

Travel insurance for foreigners in Germany;

Medical insurance all over the world.

More articles on the topic:

Health insurance for foreign employees in Germany. 

Work visa for foreigners in Germany: requirements and procedure for obtaining

Traffic violations in Germany: how to avoid getting a fine

Financial aid for refugees in Germany in 2023

Au-pair program for foreigners in Germany: features of the contract and conditions of participation

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