Hello everyone
I got to Germnay 6months ago from France( visa issuing country), I have been on the streets since,but would like to apply for asylum
My plan is to apply to a university here in Germany to study for my masters degree while my case is still being processed as I have done enough research and know one can study even with their asylum being processed. My question is will my education help stop me from being taken back to France under the Dublin regulation?? What are my chances,please?
asked Sep 27, 2022 in Asylum proceedings by Alan065 | 270 views

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2 Answers

+1 vote
Dear Alan,

I hope you are well? Unfortunately, I can't give you a concrete statement about your case. Whether you are allowed to study in Germany depends on various factors.
First of all, you have to check whether your school leaving certificate is recognized as a university entrance qualification in Germany. The International Office or the Student Secretariat at the university of your choice is responsible for this. I will gather some more important information and post it in my next answer.

Best regards
answered Sep 30, 2022 by Saskia Wefugees
+1 vote

Dear Alan,

 here are some important points, you can find more information on Handbook Germany: https://handbookgermany.de/en/university-application Here you can find the information also in other languages. 

-->provide evidence of school and university degrees 

--> take first language courses

 --> Find a place at university 

--> secure financing 

1. you can check in advance whether your certificate is recognized for your desired course of study at: https://***.daad.de/en/study-and-research-in-germany/plan-your-studies/admission-database/ 

2. you get the recognition of your university entrance qualification from a state recognition agency, you can find an overview here: anabin.kmk.org Another requirement for admission is proof of German language skills, whereby there are different levels depending on the course of study. The university can provide information about the necessary language certificates. There are also courses of study in English. 

3. you must be able to prove that you have health insurance. At the beginning of the asylum procedure, this benefit, in addition to housing and clothing and other benefits, is covered by the social welfare office. However, this benefit is not sufficient. You must have health insurance. It is best to find out more about this at the university to which you want to apply. Here more Information: https://handbookgermany.de/en/health-insurance 

4. if you have a university entrance qualification, you can apply for a place at university either directly at the university or at Uni-Assist https://***.uni-assist.de. Uni Assist costs money, Some universities pay the processing costs for their applicants. If so, this application via uni-assist is free of charge for you. Here is an overview: https://***.uni-assist.de/en/how-to-apply/pay-all-fees/cost-transfer/ 

5. Here you can find another checklist: https://***.uni-assist.de/en/ and Information: https://***.germany-visa.org/immigration-residence-permit/residence-permit-international-students-germany/ 

A residence permit is issued after admission to studies. I will link our experts @meike and @mbeon-éanna here. Maybe they can help you with more information. 

I would also like to point out to you that: "Every refugee who comes to Germany must register with the relevant German authorities - this is called an "asylum application". "The asylum application is a first - but necessary - registration to tell the German state that you want to apply for asylum in Germany. After that, you should go to the BAMF and officially file an asylum application. Only after submitting this application will your asylum procedure begin." Handbook Germany https://handbookgermany.de/en/registration-for-asylumseekers 

If you need more help with your situation or have further questions, please feel free to contact us.

 With kind regards Saskia

answered Sep 30, 2022 by Saskia Wefugees
Thank you for taking time to explain how these things work indepth. I have been in email correspondence with a prospective university and can say I fulfil all requirements. My concern is will the Aufenthaltsgestattung be sufficient for me to enroll at the university as a student? For the health insurance, I believe asylum seekers are registered for health insurance and this should be enough for school registration

Hi @Alan065,

It is not a problem to study with an Aufenthaltsgestatung.

However, it is likely Germany will reject your asylum application on the grounds that France (as the country that issued the visa) is responsible for you. Germany will try to return you to France in accordance with the Dublin Regulation. Being enrolled as a student will not have any influence on this. Only if France agrees to handle your case and Germany does not deport you within 6 months of this agreement by France, must your case then be heard in Germany and you can continue to study here.

If your case is rejected due to the Dublin regulation, you will receive a paper called a Duldung instead of the Aufenthaltsgestattung. There are different types of this paper Duldung and the one you could receive means you would receive less than the standard amount of social benefits. You could, howeer, continue to study in this time.

Thank you for your explanation. Going through the asylum process, a certificate to reside(Aufenthaltsgestattung) is issued while identity checks are done on EURODAC. I could get enrolled in school with the Aufenthaltsgestattung before the dublin procedure is invoked on my case, I believe a competent lawyer should be able to fight this through an appeal once I get a rejection based on been not inadmissible. If everything goes well, a duldung will be issued till the end of my studies
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