Which steps are involved in asylum procedure? German lawyer information

Which steps are involved in asylum procedure?

We would like to give you a brief overview of how you can get asylum when you are staying in Germany, ie. legal protection granted to you so you can live and stay here. We therefore want to give you some recommendations as to who can help you.

1. What does asylum procedure mean?

You have to file for application for asylum with a branch Office of the Federal Office for Migration and Refugee (BAMF) in order to be granted asylum in Germany. When you apply for asylum, the BAMF staff wants to get your personal details. They want to check the documents submitted by you.

After filing your application, the so-called asylum procedure begins. The most important appointment in the asylum procedure is the interview. Here you will give an account of how you have got to Germany and why you have fled. BAMF wants to decide on your application for asylum and thus whether you want to be protected in Germany.

While your asylum procedure is pending you want to get a residence title for specific purposes. This entitles you to work, however, not during the first three months of your stay in Germany.

2. Who can assist you in preparing your interview?

You should prepare for your interview. The best thing is to seek advice before the interview takes place. You can get advice from the refugee counseling centers as well as lawyer specializing in alien and asylum law. Consultation at refugee counseling centers is free consultation by a lawyer normally has to be paid for.

3. What happens when the BAMF has accepted your application for asylum?

If the BAMF states that no other EU Member State is in charge of your procedure and accepts your application for asylum you will be granted asylum and protection in Germany. In this case you will get a residence and work permit for an initial period of three years. On certain conditions you want to have your family join you. If you file your application for a residence permit for your family.

The BAMF may only revoke your status of protection.

If the BAMF does not revoke your status of protection you may obtain unlimited settlement permit after three years.

4. What can you do if the BAMF rejects your application for asylum?

If the BAMF rejects your application for asylum you will get a notice of rejection.

If the Office states that the country in charge of your asylum procedure, it wants to threaten you with deportation to that other state. In this case you have to seek legal protection against this notice before the administrative court within a period of one week.

If Germany is in charge of your application for asylum, but the BMF states that your application is unfounded it will request you to leave the country within 30 days. You may file a complaint against this notice of rejection before an administrative court within two weeks. However, you have to make a complaint within a week if the BAMF has rejected your application as clearly unfounded.

5. Whom can you contact if the BAMF rejects your application for asylum?

If you want to appeal against the BAMF’s rejection of your application for asylum you have to do this very quickly. You should file your complaint with the specialization in alien and asylum law. Search complaint does not incur any court fees. However, you may not expect the court to cover the lawyer’s fees within the legal aid scheme. These have to be paid by you. Ask for the potential costs at the beginning of your appointment!

6. What does exceptional leave to stay mean?

The BAMF rejects your application for asylum. This may for instance be the case. Some countries of origin do not issue a document for the return journey to their nationals before the conclusion of a lengthy investigation procedure.

In these cases, the Aliens Department will issue to you. This document is only valid for three months. In principle, however, the Aliens Department can deport you at any time when the obstacle to the deportation ceases to exist. There are many people who have been living in Germany as holders of a residence.

7. What does right of residence mean?

People who have been living in Germany as holders of a residence. This means you are entitled to stay in Germany on a permanent basis. Single persons are eight years old, families with minor children after six years, and young people who attend school after four years.

These persons speak German, have no criminal record and are predominantly able to maintain themselves. Most importantly, however, they must not be deported for the fact that they could not be deported.

8. Are you allowed to work as an asylum seeker in Germany?

If you are under 18 you are welcome to attend school as an asylum seeker. Persons who are above 18 are allowed to work after three months’ residence in Germany. However, you are allowed to accept a job if there are no German nationals, EU nationals or other so-called privileged foreigners applying for this vacancy. This rule will not apply for more than 15 months.

In this case the authorities will only check if the terms on which you intend to work are not conflicting with any statutory provisions.

Seek advice on how to work in Germany on the basis of your qualification achieved in your home country. You should also seek advice if you plan to study or start a professional training in Germany.

9. Are you allowed to freely choose your place of residence yourself?

As to asylum seeker, you have to stay in a particular region of Germany. This is the place where you have your application for asylum and wait for the decision of the BAMF. During this time you have to live in an initial accommodation first. However, you may leave such facility after three months at the latest and move to a collective accommodation.

During the first three months of your stay in Germany. If you have close relatives in Germany – spouse, minor children – you want to be able to live close to them.

10. How much money will you spend on your living expenses?

Asylum in Germany is governed by the German Asylum Seekers’ Benefit Act. Pursuant to this act wants to be paid in allowance in the amount of 364 € per month. In addition, costs of accommodation and heating will be covered for you. These legal provisions, however, are subject to change.

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