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Is the dublin law still works? I heard they are going eliminate the dublin law?
asked Oct 7 in Legal advice by Jeddy

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3 Answers

0 votes

Dear @Jeddy

Welcome back to the Wefugees Community and thank you for your question. 

As you mentioned already, if Germany issued your visa (in this case a student visa), it will most probably be responsible for your potential asylum application due to the so-called Dublin regulation. There might be exceptional cases if you have very strong reasons to be in Norway. But unfortunately, I haven’t heard of any news regarding an abolishment of this regulation. I will also link our dear @alla_fka here. Am I right on this or is there anything you would like to add? 

All the best, 

Meike

answered Oct 8 by Meike
0 votes
Hallo,

the Dublin III Regulation ist still valid and it won't be changed in the nearest time, although they speak about reforming it very much. And nobody can tell now, how exactly it will be reformed. But you have to evaluate your current situation on the basis of the current rules. If you had a German visa (for any reason), Germany will be responsible for your asylum case the whole time of validity of your visa and 6 months after that.
answered Oct 8 by Alla_fka
Many thanks for the quick response and the clarification, dear @alla_fka! :-)
Hi Alla thank you, so does it mean after expiration of my visa for another 6 months the dublin law applies on me? And after passing this 6 months there will be no dublin law for me and I can apply for asylum status in any schengen states?
0 votes
Hallo Jeddy,

sorry, my information in the first answer was not very exact for your case, I reacted to the word "visa" (it was about your "student visa"). The Dublin rule for people with a visa is really that the country which issued this visa is responsible for the asylum procedure during the validity of this visa and 6 months after that. But if you are a student in Germany, you don't only have a visa, you must have a residence permit as a student (normally after §16 or 16b German Aliens Law). Normally people come to Germany with a visa for studing, given in an embassy, and get then a residence permit, mostly for 1 year, from the Ausländerbehörde. In case of a residence permit, though, the Dublin rule is: Germany is responsible for your asylum procedure for 2 more years after the expiring of your last residence permit.

I think it must be difficult to stay so long illegally somewhere, so that after that you have no more problems with Dublin. From our point of view it is not advisable. There are high penalties for staying illegally (at least in Germany) and possibly a criminal case, which can be bad for your perspective.

Perhaps it is easier for you to leave the territory of Dublin Regulation (it is not exactly the same as EU) for at least 3 months (with proof. After that the county which gives you a new visa or through which you manage to come to Europe (in case you have no visa) will be responsible for your case. Practically you need a visa from Norway or coming to Norway as the "first" European country.
answered 3 days ago by Alla_fka
Hello Ms. Alla,
I see , I got your answer. How can I contact you personally? Are you on Mbeon?
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