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Hello everyone, am an italian citizen living and working in germany without social benefit. I married my husband this year in italy, now he's here in germany for reunion, we went to auslanderbode for residence permit for him. then did not do it saying that he was an asylum seeker in germany and was deported to italy on the ground of dublin law that then saw his finger print in italy. then held on to my husband passport and gave us an appointment for monday, saying that he was not suppose to come back to germany after 2years which my husband is not aware of and the lawyer i contacted before my husband came said he doesn't matter as long as he's married to a european citizen that should abolish whatever transpired before. now that the auslanderbehode has my husband passport, what should happen? can then deport him to africa because of that? and what should i do please? i need an answer and advice please! thank you all
asked Nov 21, 2018 in Legal advice by Jennifer

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Dear @Jennifer

thank you for joining our community. 

As for your question, in the usuall case when one is deported according to Dublin then the ban is rigid and applies in any case. 

As the European Court of Justice decided in October 2015 (C-290/14): 

If one enters the coubtry after such a ban- it is a criminal act and can have legal consequences. 

As you are european and work in Germany and you are married  to him, the legal way would be  for him to go back to Italy and you apply at the German Embassy for Visa for him. Due to the fact he married you- his status has probably then changed from asylum seeker, or not? Because in order to apply for a visa for Germany it is important that he has a Legal Status in Italy. 

I hope I could assist you in this question, if you need further assistance please let us know. 

Best regards, 

Nilab

answered Nov 22, 2018 by Nilab
Thank you very much for your answer! Nilab! At the moment he doesn't have any legal status because he was still in a refugee camp before he came. We dint borther to apply for a residence permit in Italy for him because he was joining me here in Germany! The social workers and management of the camp knows about his coming! Once anyone leaves the camp more than 2 days their names will automatically be erased from the data base! I hope you know my husband doesn't need a Visa to enter Germany as far hes a husband of a European citizen? It was also confirmed at the auslanderbehoder by one of the officials who looked at both my husband and I passport and ask his colleague why my husband dont contain Visa! Shes was told he doesn't need a Visa since am a European and his legal wife!! Is there nothing that can be done without my husband going back to Italy for he second time and leaving me and the children again? Thanks!
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