Can i apply for asylum again in germany by getting visa from spain?

Question

Hi u all,
Back in 2019 After 2 months of seeking asylum in germany because I had family issue,  I came back to my country voluntarily.  I gave fingerprints for 2 times and they gave me 2000 euro.  Also i have 5 years entry ban.  I wonder to know can I apply in Germany again if I come with visa from greece or france?  Consider that my ban time is not over yet,  but If i come with other EU visa?  Thank you so much for your great works.

Answer 1

Dear @Iman1990, 

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

I am unfortunately not very experienced in this topic. But if I am not mistaken, the re-entry ban might be even valid for the whole Schengen area. This would mean that other EU countries most probably would not issue a visa in the first place. As far as I know, you also would need to apply for an exceptional permit to enter Germany during the 5 years of your entry-ban. 

Another issue is the so-called Dublin regulation which roughly states, that in general the visa issuing country is also responsible for your asylum case. As you can see, your plan to re-apply for asylum in Germany after having received supporting benefits in the context of a voluntary return will be very very difficult. I am sorry that I can not give you a more positive answer. 

Nevertheless, I will also link our expert @alla_fka here. Maybe she can give some further information and advice. 

All the best, 

Meike

Comments

Thank you so much dear Meike.  Yeah I know that I have a difficult situation in this rare path,  but humankind lives with hope.  There is plan with BAMF in germany,  they tell to asylums that if you go back to your country we help you to find job and...,  but all of those words are are a big lie.  They didn't even open the door of their office in  my country.  By the way 1000 times thanks for your being concern Meike.

Answer 2

Hallo,

Meike is right. First of all, if your entering ban is valid for the whole Schengen zone and not only for Germany, no Schengen country will give you a visa (or only as a mistake). If Germany made an EU-wide ban, your name and information were put into Schengen Information system and every country will see it when checking your visa application. As you left voluntary, there is a good chance that you don't have a ban for the whole Schengen, but it would be better to know exactly.

And if you get a visa from another EU-country, and try to come to Germany for seeking asylum using it, you'll get a Dublin procedure. BAMF will find out about this circumstance very quickly through the EU-wide computer data bank. It makes no difference if you have been in this country or come directly to Germany: the issuing country takes the responsibility for your asylum because it gives you a legal possibility of entering Europe. This responsibility will only expire 6 months after expiring of a visa and you must practically live somewhere illegally during this time.

BAMF will make a request to another country to take you back and normally will have a positive answer (or no answer, which means the same), after that they will make a decision about your deportation to this country. You can apply in the court against it, but with France your chance is very weak and with Greece mostly if you are a vulnerable person or have little children. But anyway no guarantee.

The next problem would be that you will - very probably - have a criminal case because of coming to Germany illegally, breaking the ban. You will have a big money penalty, but even the greater problem is that this penalty is counted in daily units in prison and its level would probably be so high that it will make it impossible to get a legal status because of good integration later.

And the chance to have a positive decision in your asylum procedure two years after volunteer return is very low. You must have absolutely convincing evidence that your situation changed after return and brought you in life danger. So called new reasons which appeared after return to your country of origin. There is also a three month time frame (how old the reasons can be), also this point is disputable.

Comments

Many thanks for all the detailed explanations dear @alla_fka! Very useful!

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thank you so much dear @alla_fka , sorry to answer you back late, i did not have an access to internet, very useful advises just have 2 more question: since I came back to my country of origin voluntary, my passport did not stamped by German government. this ids a good sign or not? because once a lawyer told me: it is important whether your ID stamped or not! the nest question is how can i find that how long is my entry ban? best regards/ Iman

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Hallo, for asking how long your ban it you should contact the Ausländerbehörde in the place of your last official stay in Germany (from where you made voluntary return). They must normally have this information. If you left Germany legally (as I understood, your return war organised through German authorities which gave you money for that), you, normally, had to leave with "Grenzübertrittsbescheinigung" (Certificate of crossing the border), which you had to get stamped in the airport or in the German embassy in your country and then send to German authorities. "The border crossing certificate is the proof of the actual departure. The document should be handed in to the border authorities or German consular posts in the destination country." This is a translation from Website of BAMF, https://***.bamf.de/DE/Themen/Rueckkehr/FoerderprogrammREAGGARP/reaggarp-node.html#a_284676_1 If you did this procedure then, you mustn't have any problem. If not, I don't know if it was a proper legal voluntary return. Anyway, you can ask the Ausländerbehörde if you have right to enter Germany after your ban is over. If your aim is a new asylum application, you must know that you will have no chance to get any help for voluntary return again. At least in my Bundesland it will be like that.