Germany has always been a popular destination for people who are looking to migrate for better opportunities and quality of life. However, the country also has strict rules and regulations when it comes to immigration, especially when it comes to individuals with criminal records.
The German immigration act
The German Immigration Act (AufenthG) governs the entry and stay of foreigners in Germany. According to this law, individuals with a criminal record may be denied entry into the country or have their application for a visa or residence permit denied. The German government has the right to refuse entry to individuals who pose a threat to public safety or who have committed serious crimes. The Immigration Act differentiates between two types of criminal records: minor offenses and serious crimes. Minor offenses are those that do not result in a prison sentence or a fine of more than 90 daily rates. Serious crimes, on the other hand, are those that result in a prison sentence of more than three years. Examples of serious crimes include murder, rape, drug trafficking, and terrorism.
Impact of minor offenses on Immigration to Germany
If an individual has a minor offense on their rap sheet, they may still be able to immigrate to Germany. However, the decision ultimately rests with the German authorities. The authorities will take into consideration the nature of the offense, the length of time that has passed since the offense, and the individual’s current circumstances. If the offense was committed more than ten years ago and the individual has had no further legal issues, the chances of being granted entry to Germany are higher. The authorities may also consider the individual’s reasons for wanting to immigrate to Germany and their overall contribution to society.
Impact of serious crimes on Immigration to Germany
Individuals with serious crimes on their criminal record will find it much more difficult to immigrate to Germany. In general, the German authorities will deny entry to individuals who have committed serious crimes, especially those who have been sentenced to more than three years in prison. There are a few exceptions to this rule, though. For example, if the individual committed the offense as a minor and has since been rehabilitated, the authorities may consider allowing them entry. In some cases, the authorities may also consider granting entry to individuals who have committed serious crimes but have been living a law-abiding life for a significant period.
How the German immigration system evaluates criminal records
When evaluating an individual’s rap sheet, the German immigration system takes into account various factors. This includes the type of offense committed, the severity of the offense, and the length of the sentence served. Additionally, the immigration authorities will consider the individual’s current circumstances, including their family ties in Germany, their employment prospects, and their overall character. For individuals with a foreign criminal record, the immigration authorities will consider whether the offense committed is considered a criminal offense in Germany and the severity of the offense. They will also consider whether the offense was committed for political reasons or if the individual was persecuted in their home country, which may affect the decision to grant entry.
Potential consequences of having a criminal record
The following are some of the potential consequences of having a criminal record when applying for immigration or residency in Germany:
Refusal of entry
If an individual has been convicted of a serious offense, such as murder or terrorism, they may be denied entry into Germany.
Deportation
If an individual is found to have committed a criminal offense while residing in Germany, they may be subject to deportation. Particularly if the offense is serious or they have been sentenced to a lengthy prison term.
Limitations on residency
Even if an individual is granted entry into Germany with a rap sheet, they may face restrictions on their residency. For instance, they may be required to regularly report to the authorities or have limited access to certain types of employment or social benefits.
Extended processing time
If an individual has a criminal record, their application for entry or residency may take longer to process as the authorities conduct additional background checks and evaluations.
What to do if you have a criminal record and want to immigrate to Germany
If you have a criminal record and want to immigrate to Germany, the best course of action is to seek the advice of an immigration lawyer. An experienced lawyer can help you understand German immigration laws and regulations and can guide you through the process of applying for a visa or residence permit. It is important, to be honest and transparent about your rap sheet when applying for immigration to Germany. Attempting to hide or downplay your criminal record will only lead to further complications down the road. By being upfront about your record and showing that you have taken steps to rehabilitate yourself, you may be able to convince the German authorities to grant you entry.
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