on Expulsion

Crook’s Wish to Remain in order to Maintain Family Relationship with German Child

2008-11-07T01:21:28+01:00

Crook’s Wish to Remain in order to Maintain Family Relationship with German Child

Article 6 of the GG determines the constitutional protection on family unity Nothing else is true, when it comes to families consisting of one or only foreigners. The OVG Hamburg had to decide a case on May 15, 2006 (re 4 Bs 129/06) where an otherwise deportable foreign citizen a father with a criminal record wants to remain in Germany to be able to raise his child together with its German citizen mother.

Divorced Parent of German Child may Remain in Germany

2008-11-07T01:22:52+01:00

Divorced Parent of German Child may Remain in Germany

As of February 21, 2005, the VG Braunschweig (Re: 6 B 56/05) decided on the rules concerning the right to remain in Germany of a divorced non-German father who does not have custody of a joint child – who has German citizenship – with his non-German ex-wife. The father leads an independent life from his child.

Efforts to Clarify one’s Identity

2008-11-07T01:52:43+01:00

Efforts to Clarify one’s Identity

In all cases where you need to identify yourself, this is strictly your personal duty to make sure that you can comply. If you are abroad, then foreign authorities expect that you yourself will consult your embassy to be able to show who you are. It belongs to the major duties of a foreigner to carry a passport in Germany -- §3 I AufenthG. A passport is an essential requirement for a residence permit – §5 I AufenthG.

End of Residence by Extradition

2012-04-02T16:49:18+02:00

End of Residence by Extradition

This article discusses the verdict of BVerwG (re 1 C 1.11 of January 17, 2012) in Leipzig relating to a case in which a person was extradited and upon return had to fight to keep his residence permit.

EU-Alien Expelled as Serious Endangerment

2008-11-07T01:23:23+01:00

EU-Alien Expelled as Serious Endangerment

In spite of the general belief to the contrary, EU-citizens are also subject to expulsion – even though the requirements are much higher than for third-country aliens. In the case of VG Trier (March 21, 2007, re 5 K 391/06.TR), a European had been sentenced sexual misuse of entrusted minors in 20 cases, which were committed over a four-year period.

Expelled but still want to Visit Your Children

2008-11-07T01:24:01+01:00

Expelled but still want to Visit Your Children

Sharky had been sentenced to prison and expelled from Germany. Having a minor here, he wants to be able to visit his child whilst he is still fighting to obtain visit rights for his children. The foreigners office refused. Can this be? The OVG Bremen gave an answer on February 2, 2007 (re 1 A 130/06).

Expelled EU Citizens may not Return Immediately

2008-11-07T01:24:44+01:00

Expelled EU Citizens may not Return Immediately

As surely every European knows, they can come in and out of the country as they please. Less known is that they are also subject to expulsion – even though the level is much higher. The BVerwG in Leipzig delivered a judgment (re 1 C 21.07) determining if and when expelled EU citizens may return to Germany.

Expulsion Due to Need of Welfare after Separating

2009-02-05T16:19:42+01:00

Expulsion Due to Need of Welfare after Separating

After separating from her husband, an Iranian woman became dependant on state welfare. The Ausländeramt (= foreigners office) wanted to expel her on account of her financial dependency. The OVG Lüneburg settled this dispute on February 8, 2007 (re 4 ME 49/07).

Insignificancy in Relation to Discretionary Expulsion

2008-11-07T01:26:57+01:00

Insignificancy in Relation to Discretionary Expulsion

Discretionary expulsion is a subject if you have become a danger for public safety and order of Germany or other significant reasons (§55 I AufenthG).

Last Chance to Argue after Withdrawal of Unrestricted Residence Permits

2010-05-30T15:07:54+02:00

Last Chance to Argue after Withdrawal of Unrestricted Residence Permits

When your residence permit has been withdrawn or revoked, you normally only have a short period to remedy your situation with new facts and / or arguments. Often you have to "run" to court to have more time. But which arguments count? The ones entered into the administrative proceedings or those in court? The BVerwG made a decision in this matter on April 13, 2010 (re 1 C 10.09).