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expulsion and deportation
Expulsion and deportation are sometimes the most severe instruments of immigration law. It is all the more important to deal with the legal basis. In the following text you will learn the difference between expulsion and deportation and how you should behave in these cases.
The most importnat facts in a nutshell:
- Expulsion and deportation are often wrongly used synonymously
- Expulsion means an administrative act through which a residence permit expires for security reasons
- Deportation, on the other hand, means the measures that are taken to enforce an obligation to leave the country - In any case, you should contact a lawyer as soon as possible
What are expulsion and deportation?
Colloquially, expulsion and deportation are often equated. They actually mean different things:
expulsion
An expulsion is an administrative act of the immigration authorities. The expulsion means that your previous residence permit expires, you are obliged to leave the country and you are initially not allowed to re-enter the Federal Republic of Germany.
deportation
Deportation must be distinguished from expulsion. While expulsion is an administrative act, deportation is the enforcement of an obligation to leave the country. If you do not voluntarily comply with an expulsion, the authorities will have you deported by force. However, deportation is not only an option after expulsion, but whenever a foreigner is required to leave the country. An expulsion is not absolutely necessary for this. An obligation to leave the country can also arise without deportation, for example if an existing residence permit expires and the issuance of a new residence permit has been refused.
The most important questions about expulsion
What are the requirements for an expulsion?
Expulsion is regulated in Section 53 of the Residence Act. A foreigner can only be expelled if his or her stay poses a threat to public safety and order, the free democratic basic order or other significant interests of the Federal Republic of Germany. In doing so, the interests of the foreigner must always be weighed up.
All the circumstances of the individual case must be taken into account in this consideration. These include, among others:
The duration of the stay, the personal, economic and other ties in Germany and in the country of origin, the consequences of the expulsion for the relatives of the foreigner and the question of whether the foreigner acted in accordance with the law. As a rule, expulsion is based on criminal offenses committed by the foreigner. In the overall assessment, these are all the more important, the more serious the offense was.
Section 54 of the Residence Act regulates the details of particularly serious crimes, for example if the foreigner has been sentenced to at least two years imprisonment for the crime. Section 55 of the Residence Act, on the other hand, regulates the details of the foreigner's interest in remaining in the Federal Republic of Germany. The length of the previous stay and family ties are particularly important here.
What can be done about an expulsion?
If you are threatened with expulsion, it is important to give good reasons for your interest in remaining in the Federal Republic of Germany. For this you should prove that you have lived in Germany for a long time, have close family ties and have a job. However, it always depends on the reasons of your individual case for the weighing up.
It is therefore strongly recommended that you contact a lawyer if you are threatened with deportation. At the latest when you have been expelled, you should have the case legally examined. Your lawyer will be able to analyze the chances of success. Legal action can then be taken against the expulsion or an application for interim legal protection can be filed.
The most important questions about deportation?
When can a deportation take place?
Deportation presupposes that the foreigner is obliged to leave the country and that this obligation to leave the country can be enforced. In practice, the most important cases of an enforceable obligation to leave the country include:
- Unauthorized entry
- No application for an extension of the residence permit was made
- Application for a residence permit was (executably) rejected
In addition, any obligation to leave the country must have expired. Finally, deportation presupposes that the foreigner does not voluntarily comply with his obligation to leave the country or that his departure must be monitored for reasons of public security. Such surveillance is required, inter alia, if the alien has previously been in detention, does not have a passport or is destitute.
How does a deportation work?
If you do not leave the country voluntarily, you will be threatened with forced deportation. This is generally done by the immigration authorities, who, however, regularly call in the police for help. You no longer need to be informed of the exact date of deportation.
It is quite possible that the police will be at the front door in the early hours of the morning and begin the deportation. As a rule, you will then be taken to the airport and taken to your home country by scheduled flight. In exceptional cases, you can even be taken into custody pending deportation. Please note that for the purpose of deportation, home searches may also be permitted.
What to do if deportation is imminent?
In any case, you should contact a lawyer as soon as possible if you are threatened with deportation. He can check whether your deportation can still be averted. In this case, an application for temporary legal protection is usually made. If there is no prospect of delaying your deportation, voluntary departure offers advantages. In particular, you can then receive support with your departure costs. In this way, the state wants to create an incentive for people to leave the country voluntarily.
However, the chances of success vary from case to case. Therefore, seek legal advice as soon as possible.
Short & sweet
Expulsion and deportation are often equated in everyday life. In fact, however, the expulsion is an administrative act that essentially leads to the expiry of a residence permit. Deportation, on the other hand, is the forced enforcement of an obligation to leave the country. The expulsion is subject to strict rules: In particular, there must be a danger to public safety and order. In practice, this mainly applies to foreigners who have committed a criminal offense, whereby an overall assessment of all the circumstances of the individual case must always be carried out. Deportation, on the other hand, does not have to be based on a previous expulsion. It is also possible, for example, if a foreigner is required to leave the country due to the expiry of his residence permit. If the foreigner does not leave the country voluntarily, deportation is initially threatened. After that, the forced deportation usually takes place without further notice. In some cases, deportation can also result in detention or a search of the home. In any case, you should contact a lawyer as soon as possible if you are threatened with deportation.