Article 12 of Dublin 3 regulations

Question

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

Answer 1

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