Foreigners law - Residence permit
July 9, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My friend has been granted asylum in Germany since 2000 from Iraq, he has a criminal record for attempted manslaughter and served 4 years in prison. At that time, he had written for voluntary deportation with the condition of serving half of his sentence but ended up serving the full term. He is working and we have 2 children together, for whom he has half custody. We went to the foreign office with a certificate of custody, and were told that he would not be granted a residence permit because of his criminal record and an open deportation order against him. He has become a criminal in the past, but back then he did not have any children. Can they deport him from Germany? Does he have a right to a proper residence permit? What should we do? Thank you in advance.
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions based on the information provided, taking into consideration your input and the details you have provided:
Unfortunately, based on the information you have given, it seems that the Foreigners Office is within their rights to deny your friend a residence permit due to his previous convictions.
Criminal records can indeed prevent the issuance of an unlimited residence permit. This is regulated in § 9 of the Residence Act. I refer to § 9 (2) No. 4 of the Residence Act, which states:
A foreigner shall be granted a settlement permit if...
reasons of public safety or order, taking into account the seriousness or nature of the violation against public safety or order or the danger posed by the foreigner, considering the duration of his previous stay and his ties to the Federal territory, do not preclude it.
Since your friend has been convicted of a serious crime, reasons of public safety and order stand in the way of granting a residence permit.
I hope this provides you with some initial legal guidance, even though I regret to inform you that I cannot provide a more positive outcome. I wish you success in your future steps!
Please note that the legal advice I have given is based solely on the information you have provided. It is only a preliminary legal assessment and does not replace a full evaluation of the situation. Adding or omitting relevant information could lead to a completely different legal assessment.
I hope my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform or via my email address.
Wishing you a pleasant Thursday evening!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
