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Eviction Due to Trespassing the Law |
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 Suppose a person is caught after living here for a year
without an entry visa and thus also without a residence or work permit.
He is arrested by the police and they file an expulsion case. What do you think would happen to him?
Correct, he will be expelled. §46 no. 2 of the Law on Foreigners rules
that especially be expelled even especially not only committed more
than a petty crime or committed several offence. It has been ruled that
living illegally in Germany for over one year cannot be considered a
petty crime anymore. The elapsed time of illegal residence already
constitutes a serious violation of German law. Thus in this case,
deliberate commission cannot be understood as negligible.
If a case was discontinued on the grounds of insignificance, the court
will have the discretion to permit that person to remain in Germany.
The legal phrasing “especially” hints that the deciding officer
generally has some discretion to let you remain in Germany. However,
such gross disregard of German law as shown above will never encourage
the authorities to exercise their discretion to give you permission to
stay. You can, however, expect grace leniency or the discretion not to
expel you if you miss your permit renewal a few days and all the
requirements for prolongation are fulfilled.
 Alexander Baron von Engelhardt - Foreigners Attorney based in Berlin, specialising in domestic,
international, civil and commercial law. He also provides counseling
for start-ups.
Wilhelmstraße 94, D-10117 Berlin
Email:
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Website: www.Rechtsanwalt-AvE.com
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First Steps 
