Your law firm with focus on criminal law and migration law in Crailsheim
MIGRATION LAW
I am passionate about migration law. I have several years of experience in the area of immigration law and can point to many successful proceedings. Regular professional training, exchange with colleagues in the specialist area, as well as completing the specialist lawyer course in migration law form the basis of knowledge here. Knowledge with which I would like to help you achieve your rights.
SETTLEMENT PERMIT
A German residence permit is always limited in time. In contrast, the settlement permit is an unlimited residence permit. In contrast to the (always limited) residence permit, The (always unlimited) settlement permit gives the holder a permanent right of residence in the Federal Republic of Germany. A subsequent limitation of the period of validity is also not possible for the settlement permit.
Therefore, the aim should always be to switch from a limited stay to an unlimited settlement permit. If you have any questions or if there are problems with the immigration office, please do not hesitate to contact me.
DUBLIN PROCEDURE
If you have filed or want to apply for asylum in Germany, this does not mean that you automatically have the right to have an asylum procedure carried out in Germany.
It is possible that a “Dublin procedure” will be initiated. The Dublin III Regulation, which has been in force since 2013, regulates which state is responsible for processing an asylum application within the EU. The regulation is intended to ensure that an application within the EU only has to be checked once.
If you were first in another European country or if you have already received a Dublin notification - get in touch!
DULDUNG
A green paper ID with a red line that says "Duldung" - what does that mean?
It means that you do not have a permit to stay and are obliged to leave the country. Your stay is only tolerated. By this the authorities mean that you actually have a duty to leave the country. However, there is an obstacle to leaving the country, so you will not be deported.
However, this can change, for example by procuring replacement papers. That is why possibilities must be sought to consolidate the stay, for example with an employment permit or, ideally, a residence permit. Maybe you already have such a claim and you don't know?
FAMILYS-
UNION
If you are a German citizen or have a residence or settlement permit, your family also has the right, under certain conditions, to obtain a right of residence in Germany. This results from the Basic Law and the European Convention on Human Rights and is specifically regulated in Section 6 of the Residence Act.
The rights mentioned there apply above all to the nuclear family, i.e. to spouses and minor children or parents of minor children. In a few exceptional cases, other family members can also get a residence permit.
VISUM
Most citizens need a valid visa to enter Germany. You can enter the country without a visa if you are an EU citizen or if you are a citizen of a country that does not require a visa. A required visa must be issued by the German embassy or consulate prior to entry. The requirements that you have to meet depend on the purpose of your stay.
There are many different visas, for short-term visits or a business trip you can, for example, apply for a C visa (so-called "Schengen visa"). The maximum possible length of stay is 90 days within a reference period of 180 days. The visa entitles you to stay in all member states of the “Schengen Area”.
BANISHMENT PROCEDURE
A foreigner can expect to be expelled by the immigration authorities if he has committed certain crimes. Expulsion is also possible if no crime has been committed, but these cases are finally regulated in the Residence Act.
The expulsion should not be confused with a deportation, even if both terms are used in common parlance. An expulsion means that the residence permit expires and the foreigner has to leave the country. If you receive such a letter - I'll help you!
NATIONALITY
There are three different ways of acquiring German citizenship: birth, adoption and conferment upon application by the naturalization authority. In addition, the application to retain German citizenship offers the opportunity to acquire an additional citizenship without losing your German passport.
A claim to naturalization (§ 10 StAG) or naturalization at discretion (§8 StAG) essentially depends on the length of stay, livelihood security, previous convictions and language skills. Since 2008 it has also been necessary to pass a so-called naturalization test. There is also the possibility of re-naturalizing former Germans.
DEPORTATION
Deportation means enforcing the obligation to leave the country with coercive measures. It presupposes that the foreigner is obliged to leave the country. This means that he is not entitled to a residence permit or a Duldung.
A deportation will result in an entry ban for all states of the "Schengen Area". In the meantime, a deadline for the entry ban must be announced before a deportation. Older and unlimited entry bans must be limited in time. How long this ban applies varies. Sometimes, however, it can also make sense to prevent deportation by “voluntarily” leaving the country, for example if you have the prospect of returning. In this way, at least an entry ban or detention pending deportation can be avoided.
WORK PERMIT
A foreigner who wants to work in Germany needs a residence permit with a work permit and - if he wants to travel from abroad for this - a valid visa (business visa)
- This must also be observed by companies that want to employ foreign skilled workers in Germany.
In everyday life we often use the term 'work permit'. The Residence Act speaks of 'permission to work' or 'permission to work'.
If you need a work permit or if you have any questions about work, please contact me, I'll be happy to advise you!
... AND ALSO
I will also be happy to advise you in other legal areas of migration law that have not yet been named, such as hardship applications, detention pending deportation, rejections, fictitious marriage, residence permits for skilled workers, EU Blue Card, freedom of movement, humanitarian stay, employment tolerance and training tolerance. I have experience with many countries of origin, whereby most of the refugees in Baden-Württemberg come from Syria, Iraq, Iran, Pakistan, Afghanistan, Georgia, Albania, Algeria, Eritrea, Nigeria, Somalia, Guinea and Gambia.
FOREIGNERS LAW
In the German legal system, a distinction is made between Germans and non-Germans. That is why the area of law was originally referred to as foreigners Law. Today the term "migration law" is used more. The terms foreigners law and immigration law mean the same thing.
The legal requirements for immigration law can mainly be found in the Residence Act and the Asylum Act. This regulates the circumstances under which foreigners are allowed to stay in Germany and what economic, social and other rights they have. The laws also stipulate the conditions under which a foreigner who poses a threat is not allowed to enter or has to leave the country again.
ASYLUM LAW
The German asylum law is based on the Basic Law (Art. 16a GG) and is substantiated by the Asylum Act (AsylG).
However, higher-ranking regulations of the European Union must be observed here. Therefore, under German asylum law, it is essential to consider the individual case in the context of European law.
I would be happy to assess your asylum claims and represent you in your asylum procedure. This can include preparing for your hearing at the Federal Office for Migration and Refugees. In the event of a negative decision, if there are reasons, I will file a lawsuit for you or advise you on how to make a follow-up application.