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I was a student in Italy. then I came to Germany and stayed here for 4 years. During my staying in Germany the Italian residence permit also expired. for some reason, German authority has ordered me to leave Germany and issued a GÜB. I am trying my best with a lawyer.
My question is,

1. am i eligible to apply for asylum after 4 years residence in Germany ?  (I did not seek asylum before cause , I was thinking if everything goes right, i will get a blue card and stay here forever. So, I did not go for the hassle asylum seeking way. It looks like, i have no other option )

2. will i be qualify for Dublin regulation ? Will Germany send me back to Italy ?? If they send me back to Italy, that is what i want actually, i have friends and help there. Here in Germany i have lost everything. I lost all the travel documents to the German authority, I can not even travel to Italy in a legal way now.

3. As I have a GÜB, the papers says I have to leave the whole schengen area not only Germany , unless i have residence permit of some other countries. now, even i somehow reach to Italy, will they lock me up for not following orders here in Germany or they will accept my asylum application ??

thanks in advance.
asked Oct 24 in Asylum proceedings by helios
edited Oct 27 by helios

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1 Answer

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Hallo,

you can really be a Dublin case if you ask for asylum, but not in the direction you think about. If you've stayed in Germany legally for 4 years (I mean: if German authorities were informed about you living here), then I presume, Germany will be responsible for proceeding your asylum application, not Italy. After such a long time in another EU country the responsibility of Italy must be over. That means, if you go to Italy and try to make an asylum application there, the italian authorities can find out that you lived in Germany for many years and make a request to Germany to take you back for proceeding your asylum case.

I don't think that italian authorities will lock you up. After the european guidelines they must first take your asylum application, check the responsibility question, make a decision about sending you to Germany, against which you have right to make an appeal to the court. But it is theory. It isn't so well known here how the migration authorities in Italy treat people in such cases because we mostly do with the opposite problem of deportation from Germany to Italy. Perhaps your italian friends can find information for you, if Italy really deports people to other european countries in such cases or lets them have their procedure there.

Anyway no EU country can deport you to your country of origin before your asylum reasons are checked and and a negative decision is issued (in which case you also have a right to make an appeal to the court).
answered Oct 25 by Alla_fka
thank you very much Alla fka
As I already had my aufensthalstitel for almost 4 years, do i need the arrival documents, BÜMA ? I have my passport. I still have the expired aufensthalstitel.

the most important question is , how many days can it take to get the 'aufensthalsgestätung'  after i lodge the application in a BAMF center ? Can i go there anytime or i need an appointment ?
BÜMA is a document that is issued in the first camp when you are registered as an asylum seeker. You need it for your life in the camp and as an identity document (Ausweis) before you make your official asylum application and get "Aufenthaltsgestattung".
If you hat some residence permit in Germany (Aufenthaltstitel) for 4 years, that means normally that the question of how you came to Germany has already been cleared. But it can be that you will be asked about it during your interview in the BAMF (Anhörung) because it is one of the standard questions.
If you ask for asylum in the camp, they will probably take your passport (ask for a confirmation). For other documents, you can normally give them copies and keep the originals. If they claim for originals, keep copies and always ask for a confirmation.
As far as I know the Aufenthaltsgestattung will be issued on the day of your official asylum application or soon after that. You will get an appointment with BAMF some time after your registration, normally after you have made a health check. But it is possibly different in different camps and depends on the Bundesland. You must not ask for this appointment, you will be informed about the time (Termin) by the administration.
It's a pity that your residence permit is expired, because with the valid residence permit the person is not obliged to register und live in the camp but can (and even must) make the asylum application in a written form continuing to live in his or her place.
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