I came to Germany in February 2019. I applied for Duldung but did not complete the procedure, and went underground for the last year. Is applying for asylum after a year of essentially illegal stay considered an offence under German law? And if so, what are the consequences?
asked Feb 6, 2020 in Legal advice by Roodarnb

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Dear @Roodarnb,

Welcome to the Wefugees Community and thank you for sharing your situation with us.

In general, staying illegally in Germany would be a violation against the law according to the German Residence Act, Section 95.

What consequences you may face is really hard to predict, without knowing your situation. In the most cases, people will not be punished in Germany but deported.

I would highly recommend you to look for individual support, for example in a migration counselling office close to your place of stay. They will deal with your case confidentially and their services are free of charge. Please let us know, if you need help with finding such an office. 

All the best,


answered Mar 6, 2020 by Meike
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