GÜB- 82. Abs.4.1- voluntary return-criminal record

Question

Hı everyone,
Mu daughter was a student in Germany and her residence permit extension is rejected and she has gotten back to our home country "voluntarily" with Grenzubertrittsbeschinigung. On the GUB, her legal basis to return was based on the AufenaltG 82.Abs.4. 1. At some articles, websites and platforms l saw this rule of law as an outcome of the Ausweisung. But the return of my daughter was related to not having enough Ects to register to her thesis while she is applying for an extension so nothing to do with the crime.
l have 2 questions in this regard:
1-) ls Ausreiseverplict position after the rejection of the Residence permit extension same or parellel to the Ausweisung?

2-)  My second question is not directly related to the fırst one. Even if she does not have an enrty ban, and got back voluntarily,does the rejection of the Residence permit or ordering to leave the country because of that, is registered to the criminal record in Germany or EU?

She is about to complete her degree online and in the future she might want to move ltaly since she is fluent in ltalian or she might want to visit other countries in the EU as a tourist, so we are afraid of the outcomes of this process.

Thanks for all your helps and time in advance!

Answer 1

Dear @Lili,

Welcome to the Wefugees Community and thank you for reaching out to us.

I checked the section of the German Residence Act you mentioned and I actually doubt that this one is connected to the "GüB" (Grenzübertrittsbescheinigung) or any potential entry ban.

As far as I see the situation, your daughter most probably was not issued a re-entry ban to the EU/Schengen area. If she left Germany when the immigration office asked her to do so and she submitted the GüB at the border (or proved in another way that she left Germany within the required timeframe), she may apply for a new visa whenever she wants. The non-extension of the residence permit and the subsequent request to leave the country is not an issue filed in any criminal record. Don't worry!

Do you agree dear @mbeon-Christine or @mbeon-fardeen and is there anything you would like to add?

In any case, please also don't hesitate to get back to us with any further questions.

All the best,

Meike