Deportation

Deportation

Deportation is the forced enforcement of the obligation to leave the country. It presupposes that there is no basis for a residence permit or tolerated stay.

Our goal: to prevent deportation

The aim of our legal work is to prevent deportation from happening in the first place. We clarify at an early stage whether and how deportation can be prevented by legal means. Important: The earlier we are involved, the more options there are for action. Seeking legal assistance shortly before deportation considerably limits your legal options.

If no legal means are available or there is a prospect of return, it may make sense to avoid deportation by “voluntarily” leaving the country – in some cases this avoids an entry ban or shortens its duration.

Consequences of deportation

Deportation – like expulsion – results in an entry ban for the entire Schengen area. The period must be announced before deportation and is generally no longer than 5 years, but may vary in individual cases.

Legal options

Whether an imminent deportation can be prevented depends on the individual case. In particular, the following can be considered:

  • Tolerance claims – e.g. in the event of inability to travel, family ties or ongoing proceedings
  • Prohibition of deportation – in case of danger to life and limb in the home country
  • Temporary legal protection – short-term suspension of deportation by the court

Note on our advice

Deportation law is a marginal area of our practice. We only handle a limited number of cases in this area. However, if you would like an initial assessment, please use our online form – we will usually get back to you within one working day and tell you honestly whether we can help.

 

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