For incoming foreigners, especially non-EU nationals, gaining German residency can be the first step towards staying in the country long-term, offering a chance to build a new life in Europe.
However, gaining the right to residency doesn’t mean it’s yours forever and in serious cases, the state can remove it.
The German Residence Act (Aufenthaltsgesetz) contains the complete list of residency violations that are punishable by law.
A spokesman for Germany’s Interior Ministry (BMI) confirmed to The Local that “depending on the type of offence, the penalties range from a fine to several years' imprisonment.”
For example, being caught lying on a residence permit application is punishable with a prison sentence of up to three years.
Ultimately, however, the sentence for a criminal breach of the Residence Act is determined by prosecution authorities and Germany’s courts.
Sven Hasse, a specialist lawyer for migration law, told The Local: "The specific sanction imposed in criminal proceedings always depends on the individual case.”
A BMI spokesperson also said that in addition to the violation of the law itself, courts consider an offender’s previous criminal record as well as personal and financial circumstances.
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The following violations are listed as punishable offences in chapter 9 of Germany’s Residence Act:
Offences punished with a fine or imprisonment up to one year:
- Entering or residing in Germany as a foreign national without having a valid passport, or a substitute identity document that meets the passport requirement
- Residing in Germany as a foreign national without obtaining a residence permit
- Entering Germany on a passport or residence permit that was obtained unlawfully e.g. by threat, bribery or collusion or by furnishing incorrect or incomplete information
- Ignoring an order by the authorities to leave the country
- Ignoring an order to cease political activities that were found to be a threat to Germany’s free and democratic order
- Refusing to provide required information, or providing incorrect or incomplete information, to Germany’s immigration authorities
- Belonging to an association or group of foreigners in Germany which keeps its existence, objectives or activities secret from the authorities in order to avert its prohibition
- Employing a foreign national who doesn’t have residency status that allows them to work
Offences punished with a fine or imprisonment up to three years:
- Entering or residing in Germany after having been previously expelled, removed or deported from the country
- Furnishing false or incomplete information in order to procure a residence permit for yourself or for another who was previously expelled, removed or deported from the country
Further sections of Chapter 9 of the Residence Act outline punishments for more serious residency related crimes.
Notably, smuggling foreigners into Germany is punishable with a prison sentence up to five years, or more if it’s done for personal gain, as part of gang activity, or involves carrying a firearm.
The complete text of Germany’s Residence Act can be found here (or in English here).
Note that this article is not to be considered legal advice.
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