Expulsion / entry ban

If you receive a deportation notice, your residence permit expires and you are obliged to leave the country.

Before a deportation decision is issued, the foreigners authority must weigh up the (state) interests in deportation against the (private) interests in remaining in the country. It is a question of the individual case whether an expulsion can be lawfully ordered. If, for example, you have a settlement permit or are married to a German citizen, the authorities must take this into account. EU law must be observed for EU citizens and their family members. In any case, the duration of legal residence, existing ties to the federal territory and personal circumstances must be taken into account.

If the immigration authorities inform you that they intend to deport you, you should seek advice as early as possible and inform them of all relevant aspects. This is the only way that your individual situation can be taken into account in a decision so that deportation can be avoided as far as possible.

If an expulsion order has already been issued, this can be reviewed in court. Here, too, it is important that all favorable aspects are presented, even if they only arose during the ongoing proceedings. At the same time, an attempt must often be made to prevent deportation before a final court decision is made by applying for interim legal protection.

If a deportation decision has been issued against you or you have been deported, this results in an entry ban for all countries of the “Schengen area” (many countries of the European Union as well as Iceland, Norway, Liechtenstein and Switzerland).

The length of the entry ban must be limited together with the expulsion and before deportation. The length of the period depends on the reason for the expulsion or deportation, the interest in re-entry and the administrative practice of the relevant immigration authority. The period may not normally exceed five years.

If you have been deported in the past, the question arises as to whether and to what extent the authorities can demand reimbursement of the costs. The costs of detention pending deportation can only be claimed if this was ordered lawfully.

Our specialist lawyer for migration law Sven Hasse will advise and represent you in this area.