I came to France on a student visa and before it expired I applied for a job seeker visa, which was granted to me and lasts for a year. Unfortunately, I couldn't find a job related to my area of expertise in this time and now it has already expired (3 days ago). I don't have means to go back to my country, Venezuela and to be honest I wouldn't like to because of the difficult situation there.

I would like to know if it's advisable to apply for the voluntary return program in the immigration office and if I do it, will I be banned from re-entrying in the schengen area or just France?

Thank you in advance for your help.
asked Nov 15, 2019 in Legal advice by jt88

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1 Answer

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I would recommend to ask in a councelling center for migrants in France because the regulations can be different from Germany, as not everything is regulated by the EU-Guidelines.

As to Germany, if you make a volunteer return, you normaly don't get an entry ban for Shengen area at all. Certainly, in your case you are still in France after your residence permit was expired and it can be noted in your foreigner file, so it can perhaps make some problem for getting a visum next time, but not necessarily, especially if it is a short period.
answered Nov 17, 2019 by Alla_fka
Thank you very much for your answer.
Currently I am not in France, I came to Germany a month ago because my boyfriend lives here, and since then I stayed at his place.
I would like to know if I should immediately go back to France and try to solve my situation there or do it here in Germany?
And in the case of Germany which organizations could help me?

Thank you very much in advance.
If you make an asylum application in Germany, it will be rejected as inadmissible on basis of Dublin Regulation and you can be deported to France, although it doesn't happens necessarily.
If you don' ask for asylum, you are just illegal in Germany. In this case they can only send you to France on basis of a two-state-agreement if such one exists. I presume, it would be easier for the German authorities to claim that you must go back to your country and additionaly they can (and probably will) make a criminal case because of unallowed entry and staying in Germany, it is now often the case.
To say the truth, it is difficult to find a reason for you to stay. A boyfriend is not a reason and you can't have a job permission and a residence permit for a job without going back and asking for a corresponding visum in the embassy. You need some very special humanitarian reasons.
I recommend you to speak to a good councelling center for migrants in your area or consult a good migration lawyer if you can afford it. In some places in Germany there can be lawyer consultations free of charge (without representing you, just as advice).
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