Criminal records
Eviction due to Trespassing the Law
Suppose a person is caught after living here for a year without an entry visa and thus also without a residence or work permit. He is arrested by the police and they file an expulsion case. What do you think would happen to him?
Correct, he will be expelled. §46 no. 2 of the Law on Foreigners rules that foreigners can be expelled especially committed more than a petty offences or several offences. It has been ruled that living illegally in Germany for over one year cannot be considered a petty crime anymore. The elapsed time of illegal residence already constitutes a serious violation of German law. Thus in this case, deliberate commission cannot be understood as negligible.
If a case was discontinued on the grounds of insignificance, the court will have the discretion to permit that person to remain in Germany.
The legal phrasing “especially” hints that the deciding officer generally has some discretion to let you remain in Germany. However, such gross disregard of German law will never encourage discretion not to expel you if you miss your permit renewal a few days and all the requirements for prolongation are fulfilled.
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This article has been provided by our partner Rechtsanwalt Alexander Baron von Engelhardt , legal expert for foreigners in Germany. For further information, go to www.vonengelhardt.com .
Also in this section
- Foreign employees: How to employ foreign personnel in Germany
- Residence permit : Regulations for entrepreneurs and businesspeople
- New Residency Law: Changes since January 2005
- Criminal records: Eviction due to Trespassing the Law
- The Schengen Area: Free movement within Schengen countries