asked Mar 31, 2022 in Asylum proceedings by Zaman_999 | 215 views

Dear @Zaman_999

Welcome to the Wefugees Community and thank you for reaching out to us. Can you please explain some more details on your situation? I am afraid that I don't really understand yet which information you need. Thank you and looking forward to your reply.  

I saw that you opened a second thread with the same question. I hope it is okay for you when I close it in order to keep a better overview.

Best, Meike

Dear sir @meike Yes it’s totally fine I was just trying to get an answer by asking twice (: I have a few questions regarding Dublin 3 regulation i got my visa from Estonia, which is now expired and I’m so afraid to apply for asylum in Germany, because Germany will sent me back to Estonia and some people told me to live illegally for 6 months after expiry of your visa in Germany and after 6 month Germany will not sent you back to Estonia. Should I wait 6 month after my visa expiration ? Is it a logical way to avoid Dublin ? Is it going to be as a negative point for me after 6 months when I apply for asylum in Germany? Best ..
Hello again sir Still I’m waiting for a response please if you can help me Thanks a world @Meike

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1 Answer

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Dear Zaman, 

I am sorry to hear about your situation and I hope you are doing well. 
Is your question directed to the transmission period (Überstellungsfrist) of 6 months? I think this deadline is not something you can just outlive. 

The transfer shall be made within six months from the date of consent of Estonia. If the person concerned is in custody, the transfer period is 12 months. If the person concerned is a fugitive, the transfer period is 18 months. (2019, BAMF) 

Dear @meike and @mbeon-éanna, could you perhaps give an tip on the Dublin transfers (Dublinverfahren and transfer deadlines( Überstellungsfrist)? I have found a link here
https://***.proasyl.de/hintergrund/praxishinweise-zur-aktuellen-aussetzung-von-dublin-ueberstellungen-und-ueberstellungsfristen/ that may be helpful, but since I am not an expert, I did not find it easy to summarize the information in a helpful way. 

With my answer I hold together the general problem, with which many persons living in Germany are confronted, it will perhaps not be new to you.

An illegal stay in Germany without a visa, a Duldung or Aufenthaltsgestattung is punishable by a fine or Prison of up to one year (see § 95 AufenthG). 

Every person has the right to the "highest attainable standard of physical and mental health".This is stated in the UN Social Covenant of 1966 (Art. 12). 

Nevertheless, many people living illegally in Germany find it difficult to exercise their rights to housing, education, health care and other social benefits. This is because they are often asked for their residence title and public authorities are obliged to inform the Aliens' Registration Office, Ausländerbehörde (obligation to transmit Meldepflicht). 

In medical emergencies, doctors are excluded from this obligation
People without residence status are generally entitled to treatment for acute illnesses and pain conditions. However, for further treatment they often need a treatment certificate from the social welfare office, which must report. 

It is best for people without papers to turn to non-governmental institutions such as Malteser Migranten Medizin, Medinetze or clearinghouses. (2021, Rüffer Anita) 

Getting an apartment is also difficult. Once an apartment is found, it must be registered with the local residents' registration office. "A social apartment can only be obtained with a certificate (Wohnberechtigungsschein). For this, personal data must be disclosed.

 In a refugee shelter, the identity would also have to be disclosed.(2021, Rüffer Anita)  

I hope we can gather more information to help you and our community. 

With warmest regards 

2019: BAMF. Prüfung des Dublin-Verfahrens

2021: Rüffer Anita: Rechte von Menschen ohne Aufenthaltserlaubnis, online unter: https://***.caritas.de/hilfeundberatung/ratgeber/migration/lebenindeutschland/rechte-von-menschen-ohne-aufenthaltserla (letzter Zugriff: 10.10.22)

answered Oct 10, 2022 by Saskia Wefugees
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