Interest in expulsion
All information on the subject of residence permits and deportation interests.
Here you learn ...
what an interest in expulsion is and when it exists
what grounds for deportation there are
How to obtain a residence permit despite grounds for deportation
what you can do if there are grounds for deportation
Table of Content
1. Residence permit and interest in expulsion
2. What are the grounds for deportation?
3. Residence permit despite grounds for expulsion
4. Protection against expulsion
5. Conclusion on the interest in expulsion
1. Residence permit and interest in expulsion
A residence permit may be refused if there is a so-called interest in expelling the foreigner ( Section 5, Paragraph 1, No. 2 of the Residence Act ). One of the general requirements for granting a residence permit is that, as a rule, there is no reason for expulsion. For a residence permit to be refused due to an interest in expulsion, the mere existence of an abstract ground for expulsion is sufficient; it is not necessary that the foreigner could be expelled without errors of discretion. Therefore, in some cases, even minor legal violations (e.g., in traffic) can be sufficient to prevent the extension of a residence permit.
2. What are the grounds for deportation?
To assume an interest in expulsion, it is generally necessary that the foreigner's stay endangers public safety and order, the free democratic basic order, or other significant interests of the Federal Republic of Germany ( Section 53 (1) of the Residence Act ). This is generally the case in the following circumstances:
Imprisonment or youth sentence of at least 6 months for intentional crime (from two years onwards, the interest in deportation is particularly serious)
Imprisonment or youth sentence of at least 3 months for crimes against physical integrity, sexual self-determination, robbery or attack against law enforcement officers using a weapon
Consumption and trafficking of drugs (violations of the Narcotics Act)
Support or membership in terrorist/prohibited organizations or preparation of serious acts of violence endangering the state
Participation in violent political or religious activities and public incitement to violence or hatred
false information in the visa procedure or in the procedure for issuing a residence permit
Social security fraud
Marriage of a minor
If one of these offenses applies in your case, the immigration authorities or embassy may refuse to issue a residence permit. However, previous convictions can only be used against a residence permit if the offense is no longer recorded in the Federal Central Criminal Register (Federal Administrative Court, judgment of July 12, 2018 - 1 C 16.17, paras. 22 et seq.). The time limits set out in Section 51 of the Federal Central Criminal Register Act ( BZRG ) apply.
3. Residence permit despite grounds for expulsion
In certain cases, however, a residence permit can be issued despite the existence of a ground for expulsion. Section 5 (1) of the Residence Act merely states that "as a rule" a residence permit cannot be issued if there is an interest in expulsion. In an atypical case, the issuance of a residence permit is therefore possible despite the existence of an interest in expulsion.
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The decisive factor for determining whether an atypical case is a so-called risk prognosis . This prognosis examines whether the person in question currently poses a serious threat to public safety and order in Germany. Only if the threat actually exists today or in the near future can grounds for deportation be considered. The immigration authorities conduct a comprehensive case-by-case review. The following factors play a role:
How serious is the reason for deportation?
How serious was the crime committed?
How long has the person concerned been unpunished?
How long has he lived in Germany in total?
Are there family ties or other relationships worthy of protection in Germany?
What is the current personal and social situation?
A mere suspicion that further crimes might occur is not sufficient (Lower Saxony Higher Administrative Court, judgment of February 2, 2011 – 11 ME 441/10). Only if the personal conduct of the person concerned currently poses a serious threat to society must the granting of a residence permit be refused due to an interest in deportation.
4. Protection against expulsion
However, if the immigration authorities assume that there is an interest in deporting you and therefore refuse to grant you a residence permit, you are not without protection . You can appeal the rejection (if an appeal is admissible) and in any case file a lawsuit against the rejection notice. You also have a right to a hearing and a right of defense . This means: Before the immigration authorities reject your application due to an alleged interest in deporting you, they must give you the opportunity to present facts that speak in favor of granting a residence permit in your case. You then have the right to present all available evidence that can prove your innocence or mitigating circumstances. This includes, but is not limited to, documents, witness statements and other relevant evidence suitable for your defense.
If the immigration authorities make it clear in your case that they intend to reject your application for a residence permit due to a reason for deportation, it is advisable to consult a lawyer specializing in immigration law. This is because the rejection of your application for a residence permit is usually followed by actual deportation. A lawyer can protect you against this by defending your rights before the authorities and in court.
Summary of this Page
The denial of a residence permit due to an interest in expulsion can represent a key hurdle in residence law. Even the abstract existence of a reason for expulsion can lead to a rejection – even without a specific expulsion order. Nevertheless, a residence permit may be granted despite an interest in expulsion if an atypical case exists and the individual risk assessment no longer indicates a serious threat to public safety. Therefore, in the event of an impending rejection, those affected should actively assert their rights, present exculpatory circumstances in a timely manner, and seek legal assistance in order to effectively counter a rejection of their application based on an assumption of an interest in expulsion.
