Protection against Deportation

When do I enjoy protection against deportation?

If one of the reasons shown below apply, you will be only deported for very grave behavior (like that of public safety and order). You have particular protection against deportation if you belong to one of the following groups (§56 AufenthG):

  1. Those having a settlement permit are legally residing in Germany for at least five years.
  2. Those having a EU long-term residence permit.
  3. Those in possession of a residence permit who were born in Germany or who came to Germany as minors and have lawfully resided here since then.
  4. Those having a residence permit, having lawfully resided in Germany for at least five years, and are cohabiting with a foreigner having a settlement permit.
  5. Those living in family or martial cohabitation with a German.
  6. Those who live together with a German relative as part of a family unit, or in a life-long partnership.
  7. Those who are entitled to claim political asylum as well as being recognized refugees.
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What are the criteria for using discretion while considering deportation?

The authorities will take following criteria into consideration:

  • Your duration of residence, your personal, economic, and other ties to Germany which are worthy of protection.
  • The consequences of deportation for your relatives or life-long partner who are/is lawfully resident in Germany. You can one thing or granted: When an official wants you out, he will do all he legally can to persuade you to leave.
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 Related Articles:

EU States Responsible for Protection Against Deportation for Citizens of Other Member States

Fighting Illegal Deportation of an EU Citizen and Correctly Implementing Administrative Discretion