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Hello,

On September 19, 2022, I traveled from Germany to Denmark as a tourist. Unfortunately, I unintentionally broke some laws in Denmark, leading to my arrest. During this period, my residence permit was still valid. Due to unforeseen circumstances, the investigation took an extended period, and I ended up spending approximately 120 days in jail. Ultimately, I was sentenced to 14 days in jail, received a ban from entering the Schengen area for six years, and was deported to Germany on April 3, 2023.

During this deportation, my residence permit had expired, and I had to restart the process of renewing it. Fortunately, I successfully extended my student German residence permit on November 07, 2023, and it is valid for one year. Recently, On December 3, 2023, I decided to visit my homeland (a third country).

The customs agent at Paris airport detained me for a longer time than usual when I was leaving the country. However, I eventually completed the exit process and made it to my flight on time.

So, when I arrived to my homeland, I began to have doubts about whether my name was in the Schengen database. Consequently, I wrote to the Danish authorities. They informed me of the following:

"Since you informed the Danish Repatriation Authority on February 1, 2024, that you have a valid residence permit in Germany, the Danish Repatriation Authority must consult with the German authorities pursuant to ยง 58 h of the Danish Aliens Act to clarify whether they will maintain or revoke your residence permit.

If the Danish Repatriation Authority receives a decision from the German authorities stating that they will maintain your residence permit, your registration in the SIS as unwanted in the Schengen Area will be deleted, but you will continue to have a national entry in Denmark until February 1, 2029 (inclusive of this date).

If the Danish Repatriation Authority receives a decision from the German authorities stating that they will revoke your residence permit, your registration in the SIS as unwanted in the Schengen Area will remain in effect until February 1, 2029 (inclusive of this date).

Please send a copy of your valid residence permit to the Danish Repatriation Authority so that we can begin consultation with the German authorities."

(Four weeks passed and they did not answer me because they told me that they were waiting for the German authorities to respond)

I contacted the Foreigners Authority, and they responded as follows:

"I have not yet received any information from the Danish government that would hinder your stay in Germany.

Since you have a residence permit for Germany, you can travel to Germany as usual. Please remember, however, that you must not stay abroad for more than 6 months, otherwise your residence permit will expire."

I'm unsure if I can enter Germany without any issues or if I will encounter problems upon entry. I'm concerned that the decision might be made there, and I fear that the German authorities may not fully understand the situation. I'm worried that they might confiscate my documents and send me back to my country.

I'm looking for your advice and opinions.

Best Regards.
asked Mar 2 in Legal advice by adamdp | 302 views
Even though both the Danish and German authorities have responded to your email and you're still confused, please understand that we're unable to provide you with a satisfactory answer as well. My suggestion would be for you to reach out to the police in your state in Germany. They might be able to provide you with an update since the Danish police will be reporting to their colleagues in Germany. Consequently, it might take some time for the information to be updated in the system of the German foreigner office.

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