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German residence act

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taiwanluthiers
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Posts: 11
Joined: Fri Jul 09, 2010 5:57 pm

German residence act

Post by taiwanluthiers » Mon Oct 04, 2010 3:52 pm

Where can I find actual texts for the German residence act?

I tried to apply for a student visa to Germany, it got denied by the Embassy's discretion since I did not have a solid plan to study in Germany, also they did not understand why I didn't start studying German in Taiwan.

Furthermore they included this line:

Es kann in dem o.g. Interesse der Bundesrepublik Deutschland an der Steuerung der Einreise und Zuwanderung von Ausländern ebenso wenig liegen, einem vorbestraften Antragsteller die Einreise zu gewähren.

It basically says something to the effect of "it may not be in the best interest of Germany to grant an applicant convicted of a crime entry".

I would like to know, what are the laws on that, and is it possible to overcome it (like getting it "spent" like in the UK) since it was many years ago. But I got into Germany last time and they knew about my criminal convictions so I do not know if this was a personal interpretation which varies from officer to officer.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: German residence act

Post by 86ti » Mon Oct 04, 2010 5:57 pm

taiwanluthiers wrote:Where can I find actual texts for the German residence act?
Aufenthaltsgesetz.

taiwanluthiers
Newly Registered
Posts: 11
Joined: Fri Jul 09, 2010 5:57 pm

Re: German residence act

Post by taiwanluthiers » Tue Oct 05, 2010 9:54 am

I looked over it but it says nothing about being inadmissible due to criminal records. It only says that those who were convicted of narcotic offenses with a sentence of over 3 years (unsuspended), offenses involving civil disorder (or misconduct) of a sentence of over 2 years (again, unsuspended), or alien smuggling offenses must be deported. (this is also reported in the Foreign office's website)

Then obviously if you are deported you are also inadmissible.

However they clearly do not apply in my case because I was only sentenced to one year and a day, and it was for a weapons charge in the US. It doesn't really say what crime(s) makes you inadmissible or is it simply a case-by-case kind of thing (where an officer assesses your potential for future misconducts based on the charge/length of time/etc. and decides if you constitute a security risk)?

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Oct 05, 2010 10:10 am

I suggest you better seek help on a German speaking forum. Info4alien appears to have lawyers and other experts.

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