Main provisions of the new law "On Immigration" (Part 4)
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In which cases does residence status lose its validity?
Your residence status loses its validity:
a) upon expiration of its validity period;
b) upon the occurrence of a condition terminating its effect;
c) in the event of revocation of the residence status by the Aliens Registration Office (Auslanderbehorde);
d) in the event of withdrawal of the residence status by the Aliens Registration Office;
e) in connection with a deportation order;
f) when the highest state administrative authority or the Federal Ministry of the Interior issues a deportation order;
g) if an application for political asylum has been submitted after a residence status was granted on humanitarian grounds;
h) in the event of leaving the country for permanent residence or not returning to the country after spending more than six months abroad.
The last provision does not apply if you:
* you have timely (if possible before departure) submitted an application to the Aliens Registration Office for an extension of this period;
* you performed military service in your home country and returned to the country no later than three months after its completion;
* you hold a permanent residence permit (Niederlassungserlaubnis) and live in a lawful marriage with a German national;
* you are a person granted political asylum or a recognized refugee under the Geneva Convention (if you hold a valid refugee passport issued by a German administrative authority);
* you hold a permanent residence permit and have legally resided in Germany for at least 15 years (provided you have sufficient means of subsistence).
In these cases, upon application, the Aliens Registration Office issues a corresponding certificate, which serves as proof of the right of residence upon re-entry into Germany.
If you no longer hold a document permitting residence, you are obliged to leave the country. If the obligation to leave the country can be enforced and you have not left the country voluntarily immediately or within the established period, you will be deported. To ensure deportation, you may be placed in prison for persons subject to deportation. The term of imprisonment is determined by a judge. The consequence of deportation is a ban on entry and residence in the country.
In which cases is deportation carried out?
As previously in the law "On the Status of Foreign Citizens", the law "On the Residence of Foreign Citizens" regulates the cases in which deportation is mandatory, when a deportation order is issued, and in which cases a decision may be taken at the discretion of the administration. The range of possible grounds includes both serious criminal offenses, offenses related to drug trafficking, and politically motivated criminal offenses, as well as offenses of medium gravity and without aggravating circumstances, repeated violations of legal regulations, and court and administrative decisions.
As a new urgent ground for deportation, the law includes crimes related to the illegal smuggling of foreigners into the country. If a foreigner is sentenced to imprisonment for the illegal smuggling of foreigners into the territory of Germany and his prison sentence is not replaced by a suspended sentence, he is subject to mandatory deportation.
The law "On the Residence of Foreigners" also contains new grounds for deportation both in the regular procedure and at the discretion of administrative authorities, which are intended to facilitate the efforts of law enforcement agencies to combat the threat of international terrorism and the deportation of foreigners in the context of this fight.
If you are deported from the country, your right of residence is annulled. In this case, you are obliged to leave the country. Furthermore, deportation entails a ban on entry and residence in the country. If an application is submitted, the consequences of deportation are usually limited in time (have a temporary effect).
In which cases is protection against deportation granted?
Protection against deportation is granted primarily to those who have a protected residence status or who grew up in Germany. In other words, you have special protection against deportation if you belong to one of the following groups of persons:
a) holders of a permanent residence permit (Niederlassungserlaubnis) who have legally resided in Germany for at least five years;
b) holders of a residence permit (Aufenthaltserlaubnis) who were born in Germany or entered its territory as minors and have legally resided in the country for at least five years;
c) holders of a residence permit who have legally resided in Germany for at least five years and are in a lawful marriage or permanent cohabitation with holders of a permanent residence permit or holders of a residence permit who were born in Germany or entered the country as minors;
d) foreigners living with a German family member in a family community or in permanent cohabitation;
e) persons entitled to political asylum and recognized refugees with equal rights.
If any of the above-mentioned grounds protecting against deportation exists, deportation is possible only if there are weighty considerations of public safety and the maintenance of law and order.
Other protective rules derive from European Union legislation and international agreements. In every deportation decision made at the discretion of administrative authorities, the following must be taken into account:
* the duration of stay and the personal, economic and other ties of the foreigner in Germany that protect against deportation;
* the consequences of his deportation for members of his family or permanent cohabitant legally residing in Germany;
* the question of whether deportation is subject to postponement on factual or legal grounds.
Minor foreigners whose parents or sole parent holding sole custody rights reside legally in Germany may be deported from the country only for compelling reasons.
To be continued.
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