What are the steps to take in order to apply for asylum in Germany?

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Hi I arrived Dortmund yesterday 13th September with My wife and 2 kids

Pls guide me what's the process I need to follow in order to apply asylum.

I used Spain visa to come here Germany so do I need to consult with Lawyer before I apply? Pls guide

asked Sep 14, 2017 in Asylum proceedings by Mhd lankan | 3,619 views

Hello @Mhd lankan, please how did it go with your case, did the Spain authority request that you should bring you? Because I'm having the same issue here , because my wife came with Spain visa but I provided prove to the Bundesamt that she's my woman and they attached my file to her file. Although I'm still in the asylum process but I have been living in Germany since 2014 and have worked for 1 year 6 months. I wish to know if it's possible for them to send her back to Spain while I'm still living in Germany? Thanks

commented Mar 31, 2018 by Denny28

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3 Answers

Hello @Mhd lankan

Welcome to our community!

I've got one question for you in advance: Did you apply for asylum in Spain or did they provide you with a refugee status before you came to Germany? I'm just asking because this is of importance if you want to apply for asylum here.

Let's get back to your initial question: There is an overview of the asylum procedure in Germany provided by BAMF (Federal Office for Migration and Refugees):

****://***.bamf.de/EN/Fluechtlingsschutz/AblaufAsylv/ablauf-des-asylverfahrens-node.html

Since you just arrived, the following link should be most relevant for you at the moment. It explains the first steps to take as a newcomer in Germany:

****://***.bamf.de/EN/Fluechtlingsschutz/AblaufAsylv/AnkunftUndRegistrierung/ankunft-und-registrierung-node.html

If you need help understanding this website, feel free to ask the community. We will try our very best to explain in detail if necessary.

Best regards,
Thorgen

answered Sep 15, 2017 by ✔Thor

Dear Thorgen.

Thanks for your quick response, as I said i Used Spain visa for coming from SriLanka but I didn't apply any other country this is my first asylum application.

I assumed based on your answer I don't need to consult any lawyer before pls confirm

Do I need to face Dublin issue? If yes how can I succeed pls guide

Thanks

answered Sep 15, 2017 by Mhd lankan

Alright, since you did not apply for asylum in another country yet, there is a chance that your application will be processed in Germany. Concerning the Dublin issue: technically Spain is competent for your asylum request since it's the first European country that you entered. The German Federal Office for Migration and Refugees (BAMF) will check if there are formal reasons to deny you an asylum procedure in Germany (such as having applied for asylum in another EU state or having arrived there before coming to Germany). They can come to the conclusion that Spain is competent and ask Spanish authorities to take you back. You can appeal against that. If you are not send back within six months then Germany has to process your application. That's the theoretical side of the story. In reality it's nearly impossible for refugees to come to Germany without setting foot on European ground before. Yet still BAMF processes thousands of cases every year. To sum it up: It’s a complicated matter. If you got the possibility it’s definitely a good idea to consult a lawyer first, to check what your chances are and how to proceed. I will link two lawyers that share their expertise here on the platform - maybe they have an idea how to handle your situation best. @Marcel @Steven PS: It’s better to post queries as a comment under the answer that they are referring to. That way we keep the structure of each thread clear ;)

commented Sep 15, 2017 by ✔Thor

Thanks Thorgen I shall wait for Marcel & Steven input before I proceed with registration process.

commented Sep 15, 2017 by Mhd lankan

Dear Thorgen.

I’ve reached the second stage as I’ve completed My interview and yesterday I’ve received letter from BAMF saying that they started Dublin process with Spain since they identified I’ve used Spain visa... I’ve been transferred to Second Camp in Düsseldorf.

I wonder how long this process takes and is I’ve to stay in the same Camp or will I get a living house since I’m family

Do i Need to do anything else in this case

Thanks in advance for clarification

answered Nov 28, 2017 by Mhd lankan

Hello Mhd lankan - It’s good to hear from you again. After receiving the letter you have two weeks to file an objection against it (if you want to and if it makes sense - please carefully read through my comments to get an overview of the matter). Along with the letter by BAMF, you received instructions on the right to appeal against it at Verwaltungsgericht (administrative court). But it’s a tricky situation. You can still get deported even though the court case has not been decided yet. That’s why you have to file a so-called “Eilantrag” too that postpones deportation until your case has been decided. But you only got one week time for that!