Totally confused-still can not find a reply for 3 years...

Question

Hello everyone!
l have made an inquiry about my residence permit rejection case one or two  years ago and l got very detailed answers here, so thanks a lot at the beginning! Last month, l was researching about my case again and l have seen a report which is quite confusing for me and quite implicable for my case as well, so l wanted to make a post here again.
l was a master degree student in FU Berlin. During the covid, l could not register my thesis on time. l have lost my father to  cancer and l was also suffering from Major depression. So my study took more time than l expected. My study visa was about to expire and l applied for the extension. l have contacted to my program's examination Office and requested a studyprognosis to submit Auslanderbehörde to extend my Visa. l was in 7th semester so l asked my examination Office, is it possible to extend my Visa and study after 7th semester. The examination Office told me that, because of the Covid the rule of "completion of the masters degree within 7 semesters" had been suspended and the current regulation is 9 semesters. And my examination  Office at the university also asked about the reasons-why l could not complete my study on time. l explained them that l had to take care of  my father during his last month.l explained them about my major depression as well. Beside my personal problems, the deadlines of the thesis registirations, examinations and paper submissions have been extended for a year, so l was not able to get my results before my interview at Auslanderbehorde. l went to the interview at the Auslanderbehörde with required documents.The Officer checked the documents and told me that it is not possible to extend my residence permit. The Officer told me that l will be given 2 months long Fiktsionbeschienigung and l have to complete my thesis within this time.l told the Officer that due to covid, registiration to my thesis will not be possible within 2 months and l would need more time. l said that l can contact to my school and ask them  if there would be an  exception for me about early registiration. And l was so nervous and l also asked to the Officer, what is going to happen if the school does not accept and what happens if l can not complete my school within the period of Fiktsionbeschienigung. The Officer told me that "this is going to be very very bad for your Future". Then l asked," isn't there any possibility to extend my Visa "and the Officer suggested me  to withdraw my application so l can complete my degree online if it is still online when l get back to my homecountry, so l can overcome the negative outcomes. Then l said okay and l was signed a paper. Then Officer told me to book a flight ticket at the waiting room and send it Via  e-mail. l did it. l booked my flight ticket 4 days after the day of this interview. After confirmation of this ticket,the Officer gave me a Grenzubertrittsbeschiening which states that l am obliged to leave Germany within 9 days. l obeyed this rule and left Germany. After l got back to my home country(Turkey), l was assuming that l did the best for my Future and withdrew my application. l completed my research placement from my home country and focusing on my thesis. However, things were not adding up.l contacted an immigration attorney. The attorney checked my file at the Auslanderbehorde and told me that my residence permit extension application had been refused on the grounds of "insufficient study progress". lt was a shock for me beacuse l was assuming l did withdraw my application... Then l started to research more and more.l read about residency and asylum law. And l saw that for simple rejection people are given one month to leave Country. For unfounded rejections this time Frame is one week. Since l do not have any documentations besides the Grenzubertrittsbeschiening that l submitted to the border police when l left,l could not be sure about the details. My lawyer just told me that l had been refused and the reason is  insufficient study progress...l have been questioning why l was not given one month to leave Country, or one week but 9 days. And why l was not given one week but ordered to book a flight ticket... And why l was not given any information  regarding further steps for example appeal to the decision...As l said things were not adding up, and l started to read EU law, different reports from BAMF and other implications across Europe. l made a research on how general EU acquis communitaire implied to the National law in Germany. Last month, l read a report regarding the "Misuse of
Study Visa in EU" by European Network of lmmigration and it was devestating for me... There are study Visa rejections statistics and guidelines and how to interpret the  notes of officers regarding the rejections of study Visas in the files. At the section of Germany it was stated that "insufficient study progress" is the ground for study visa rejection and this is interpreted as Misuse/abuse of Visa. And there is not possibility to Challenge this decision. Misuse of study Visa was part of Misuse of different Visas and outcomes have been categorized similar to the "sham marriage". For these types of residence permit extension rejections aliens were given limited times -48/72 hours to leave Country, ordered to buy their own tickets, instead of given one month to leave.When l saw that, l felt like l am dying. lt was a shock for me...l started to speculate that,  l was evaluated as a fake student and thats why l was ordered to buy my ticket and given 9 days to leave instead of One month and l was not instructed  for appeal...One night before my interview at the Auslanderbehorde, l have studied for hours for my research placement report, how l can be evaluated as fake student... l did not work and did not even earn one cent in Germany. My family sold some of their lands and assets to pay my education... l did not travel anywhere outside Germany, did not get married, so l do not know how l did Misuse of my visa. lf Auslanderbehorde told me that "you are not a succesfull student and you could not complete your thesis on time so you have to leave", l can accept that and l am okay with that . But l can not stand the possibility of being accepted as a bogus/fake student . l am suicidal for 2 months since l can not accept the possibility of these accusations.l am not sure this is just a speculation or real indeed... What l know is, l am a human being with so much international networks and try to be a world citizen. With this "fake student" record in my file, l feel like l do not have any hope anymore... l am not a fake student and l can submit so many references from my department and professors... As l told, of course Auslanderbehorde has a right to decline my request and deport me and they can say that you are not a succesfull student so you have to leave, l am okay with that but l can stand the abuse of Visa or being a fake student  (l am not sure this is the case but just speculating based on my strong suspicion theoughout my research). ls anyone here has this sort of experience with the study permit? What should l do to Clear this/if there is a possibility? l will register my thesis online within 2 months, if l complete my degree, would that be a positive sign for Auslanderbehorde if l apply for researcher Visa for Germany in the Future after l complete my PhD here in my country?
l am sorry for avalanche of informations in this post, and sorry if l consume your time with my long post. Just wanted to share this experience to spread more Info, experince and get a feedback. Thanks for your time in advance!

Answer 1

Hi @Lilimes

Thanks for providing a detailed account of your situation.

Your student resident permit was no longer extended because the authorities felt that you had made insufficient progress in your studies and were unlikely to complete them within an appropriate time period. This is based on section 2 of paragraph 16b of the Residence Act, which covers residence for students:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__16b.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

From what you have described, I see no reason to believe the authorities felt you were misusing your study visa. This would be the case if they saw, for example, that a person had to keep repeating the first semester, was not attending class, was using the visa more as an opportunity to work etc. While anyone misusing their study visa would presumably be making insufficient study progress, it does not follow that all people who make insufficient study progress are misusing their visa. There are many reason why students (whether German or foreign) do not manage to complete their studies and you have outlined the very difficult situation you were in.

The deadline they sent you to leave Germany is indeed shorter than is commonly the case. The information you read about 30 day deadline in standard cases and one week for unfounded rejections refers only to asylum law. Your case was within the residency law and the immigration officers have discretion here on how much time to give someone to leave Germany.

It is true, however, that a deadline of one month is generally seen as appropriate. The basis for the obligation to leave Germany is paragraph 50; in section 2 they refer to the deadline:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__50.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

In addition to the Residence Act (Aufenthaltsgesetz), there are also administrative guidelines (Verwaltungsvorschriften) on the law, which assist the authorities in deciding how to apply the law. In section 50.2.3 of the ones that apply to the Residence Act, they write that in a standard case a one month deadline is appropriate.

I cannot unfortunately answer why you were not given the standard one-month time period to leave Germany. But this does not mean you are being alleged to have misused your visa. As you informed the authorities that you had a flight four days later, then I assume the officer felt that a 9-day limit was enough. I would not read anything else into that.

The procedure in your case does sound unusual. If your case was rejected, then you have to have been given a written rejection letter stating this (Ablehnungsbescheid). At the end of this letter, there is information on how to about the decision (Widerspruch) within one month.

From what you have written, I do not see any allegation on the part of the immigration authorities that you misused your visa. You say you have used the services of a lawyer to **** at your case. Did your lawyer say that there has been a note of this in your file? You can yourself request a copy of your file to **** yourself. This is called ‘Akteneinsicht’.

I looked for the report you mention but could not find it, only the organisation ‘European Migration Network’. If you like, you can send a link to it and I can **** through it to give you my view on it.

You write that you have been suicidal for the past two months. I strongly encourage you to speak to a mental health professional about these feelings. I am not competent in that area but am more than happy to assist you further in understanding what happened during your time in Germany and how it ended. Perhaps that can help reduce some of your concern about this. I am not a lawyer so cannot make inquiries with the authorities on your behalf but I can provide further context on the legal grounds for the decisions that were made or as I mentioned above **** through that report you described to give you my opinion on it.

I certainly think it would be very positive sign if you complete your degree. As I mentioned above, many people struggle a bit at some point in their studies but it doesn’t mean it has to affect your future prospects in Germany or elsewhere permanently.

I hope at least some of what I wrote was of use to you. Please note that the links I provided are via online translation into English from German. Let me know if you have any further questions.

Best,

Éanna