Expiry of Stay in Germany and Deportation

Information about Expiry of Stay in Germany and Deportation

///Expiry of stay in Germany and Deportation
Expiry of stay in Germany and Deportation 2018-01-24T11:51:28+00:00

Expiry of stay in Germany

Foreigners requiring a residence title to enter and stay in Germany they must continue having a valid title staying there.

When they have no longer a valid residence title they have no rights anymore for remaining in the territory of Germany and they must leave as a result.

The visa/other residence titles might become invalid in cases when:

  • Their given period of stay ends
  • They get cancelled by the authorities
  • Their period extension is rejected
  • Their period of stay is reduced
  • The objective for which the visa was issued has been already achieved
  • The holder has stayed for more than 6 unattached months out of Germany for a permanent motive
  • The holder qualifies to get deported

In all of these cases, the holder of a German residence title has to leave Germany directly, or within the given period for leaving.

The given period for leaving the country is no longer than 6 months following the time when a final decision to depart is taken. This period can only be extended if the person qualifies as a hardship case.

If not, the holder will be forcefully deported (except if it qualifies as a foreigner with deportation ban).

A deported person from Germany (of the above cases) might enter into another EU state if they have the needed permission to do so.

Deportation of foreigners from Germany

Foreigners staying in Germany with a valid residence title might be deported from such a country, as soon as the authorities discover any genuine reason to do so – according to the grounds for expulsion of the German Residence Act.

A foreigner who is deported from Germany through a deportation order is generally forbidden to enter and stay in the territory of Germany anymore.

For certain groups of foreigners, however, there is a tolerance as regards of their extradition, such as for foreign family members of the Germans, asylums and refugees, as well as protected foreigners under the international laws. As such, they are only ordered to leave if doing serious violating actions, to make them of serious threat to the public security, law and order of Germany.

Reasons for the ordering deportation of the foreigner include:

  • Violation of the law
  • Becoming a threat to the public security, law & order and of other elements of the public interests of the country due to involvement in criminal actions
  • Displaying hate towards other religious, nation
  • Trying to stop another person from being part of the German way of life
  • Forcing someone to marry another one without their accord

The German authorities and the Bundesministerium des Innern are authorized to either give a direct forced deportation order to leave the country (without giving them the prior notice), in cases when the foreigner is a serious threat to German law & order, or when there is a threat as of having a direct or indirect relation to terrorist actions/threats.

The authority to decide on legal actions after the deportation order is given is the Federal Administrative Court, and within a week of such decision the associated foreigner to such decision has the right to ask for a temporary.