Here you can ask, answer and find questions surrounding the topic: arriving in Germany
I went to italy on student visa,applied for permesso di siggiorno but never went to give my fingers,then I went to germany and filed asylum, rejected then appealed, but during appeal, I went to afghsnistan without informing german authorities ,as my visa was valid, i took the flight to afghsnistan.

Now I want to apply for German student visa,as my fingers are on eurodac,if I make a new Afghani passport to apply for visa, so that I could say I never went to europe, or if I show my visa and ask them for another reason to return before time, or if I ask them about my asylum, will the visa be rejected 100 percent,what are the possibilities??

Please respond
asked Oct 24, 2019 in Legal advice by Bilalkhan

Please log in or register to answer this question.

1 Answer

+1 vote
Best answer
Hallo,

the fingerprints in Italy or the earlier Italian student visum must not be a problem if you left Europe and later want to apply for a visum in the German embassy in a legal way. The Dublin rules are only being used for asylum seekers, because it is necessary to state which country is responsible for doing an asylum procedure. And if I understand right, you don’t plan to make a new asylum application.

If you ask for a German student visum in the embassy, they will check if you fulfil all the conditions for studying in Germany as a foreigner. So first of all make sure that you fulfil them all. They will also check if you've got a ban to come to Germany for a special time (so called “Einreisesperre”). In your case I don’t think you can have such a ban, because you were not deported from Germany (I presume you were not involved in some criminal case here, it can also be a reason).

It can be that the German authorities don’t like the fact that you had a rejected asylum application and take your application more strictly. But it also depends, in which way it was rejected. If it was a Dublin-rejection because of Italian visum, it would be not a big problem, presumably. Anyway it cannot be a single legal reason to reject your student visum application.

Perhaps there can be some problem, as you left Germany on your own without informing the authorities, if they noted in your file that you’d just disappeared. But as you left Europe legally without any problem, I hope it would be possible to clear this point.
answered Oct 24, 2019 by Alla_fka
selected Oct 24, 2019 by Bilalkhan
Thanks for you response,I wont file asylum in future,zero criminal record(except disappearing),but if I show my visa but not asylum case,or if i make a new passport as I never travelled before, because I afraid of they will find about my asylum case, they will never issue me visa
You really have a reason for your fear about possible difficulties with a visum because of your asylum case. The problem is that they can find out about this asylum case even if you've made a new passport. Especially if you applied for asylum under your proper name. But they can also use the biometric data, as you definitely gave your finger prints in Germany during the asylum procedure. If you give your finger prints for the biometric passport, they can be compared. During the interview in the embassy they can ask you if you were in Europe /Germany before or perhaps you have to give this information in the application. If they find out that you lie, you lose the chance to have any visum because of the false information, it is really bad. Naturally you can be lucky so that nobody will check propely and nothing will be found, but there is no guarantee. On the other side you are naturally at risk that your visum application can be refused if you are honest and they just suspect insufficient willingness to return to Afghanistan. The decision is in their discretionary power, it is difficult to do something against it.
Perhaps it's anyway better to give the fair information if you are directly asked and to explain that your asylum application was a mistake and you never plan to do it again.
It is naturally very important that you fulfill every single condition for getting a student visum (education level, German level, invitation from a German university, safe financing, medical insurance, you must check yourself which else it can be. And it can also depend on the profession you want to study (for example if it sounds serious and has a perspective, especially in your country).
This was the answer I was seeking,most comprehensive and detailed answer, thanks alot for guiding me.
3,398 questions
4,169 answers
5,713 comments
135,025 users