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Hi, I hope you are doing fine. I am in Italy on one year student visa(National D visa). Suppose I travel to Germany on Italy student visa, stay there until my one year visa expires and remain in Germany even after more than 6 months of visa expiry and after that i apply for asylum in Germany. In this case, which country will be responsible for my asylum application i.e. Germany or Italy ? Looking forward for expert opinion. Thanks
asked May 19, 2023 in Asylum proceedings by SadiqMangal | 80 views

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1 Answer

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Hi @SadiqMangal

I am not a lawyer and am also not an expert on the specifics of the Dublin regulation. Based on my reading of article 12 of the Regulation, then yes, in such a case Germany would be responsible for your asylum case. However, be aware that the situation you describe means that you would be illegally resident in Germany for over 6 months. Being illegally resident in Germany can result in a fine or imprisonment according to paragraph 95 of the Reisdence Act (Aufenthaltsgesetz). In this time you are not alowed to work and would have limited access to supports.

Best,

Éanna

answered May 24, 2023 by mbeon-Éanna
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