Staying in Germany According to § 55 AufenthG: A Complete Guide
The right to stay in Germany based on § 55 AufenthG is a crucial aspect of protection for foreign nationals. In this guide, we will discuss what it means to stay under this provision, the requirements you must meet, and how you can successfully claim your right to remain in Germany.
What is the Right to Stay under § 55 AufenthG?
The right to stay under § 55 AufenthG is a key concept in German immigration law. It allows foreign nationals to remain in Germany even in situations where deportation might otherwise be a possibility. Here, we provide a clear breakdown of what this term means and the requirements for asserting your right to stay under § 55 AufenthG.
Definition and Importance
The right to stay refers to a foreigner’s legitimate interest in remaining in Germany, particularly when legal reasons for deportation exist. Under specific conditions, this interest can outweigh the state’s interest in deportation, and § 55 AufenthG outlines when this right should take precedence.
There’s a significant link between § 55 and § 53 of the Residence Act. While § 53 details the general grounds for deportation, § 55 describes when an individual’s interest in staying is strong enough to prevent deportation. Therefore, these two sections must often be balanced against each other.
When assessing whether the interest to deport outweighs the interest to stay, the following considerations from § 53 (1) and (2) of the Residence Act are essential:
Legal Text from § 53 (1) AufenthG: “A foreigner whose presence poses a threat to public security and order, the free democratic basic order, or other significant interests of the Federal Republic of Germany shall be deported if, after weighing all circumstances of the individual case, the interest in leaving the country outweighs the interest in the foreigner staying in Germany.”
Legal Text from § 53 (2) AufenthG: “When weighing the individual case as per subsection (1), special consideration must be given to the duration of the individual’s stay, their personal, economic, and other ties to the country, their family members, and their conduct while in Germany.”
Requirements to Assert the Right to Stay
There are various prerequisites for invoking the right to remain in Germany under § 55 AufenthG. These include holding certain types of residence permits or having specific personal ties that make staying in the country particularly important.
- You have a Settlement Permit or a special residence permit that demonstrates the interest in staying.
- Family connections can further support the case, especially when the foreign national is living with a German family member or taking care of a minor child.
- Humanitarian grounds can also bolster the right to remain in Germany.
Those with a Settlement Permit who have lived in Germany for more than five years stand a better chance of having their stay protected. It is vital to document all personal, familial, and social ties in order to successfully invoke § 55 AufenthG in the face of potential deportation.
§ 55 AufenthG in Detail and the Connection with § 54 AufenthG
Understanding both § 55 and § 54 of the Residence Act is crucial for enforcing your right to stay. While § 55 protects your interest in staying, § 54 outlines the state’s interest in deporting individuals in certain circumstances.
Overview of § 55 AufenthG
The sections of § 55 AufenthG are broken down to address different aspects of the right to remain in Germany. Here’s a brief summary:
- § 55 (1) AufenthG outlines when the interest in staying is particularly significant, such as:
- You hold a Settlement Permit and have lived in Germany legally for at least five years.
- You have a Residence Permit and were born in Germany or arrived as a minor, and you have resided legally in the country for at least five years.
- You live with a German family member or partner, or you have custodial rights for a minor German child.
- § 55 (2) AufenthG focuses on more serious cases where family ties or humanitarian reasons can further strengthen the right to stay.
- § 55 (3) AufenthG discusses cases where residence is lawful, as regulated by § 81 of the Act.
Comparison with § 54 AufenthG
While § 55 AufenthG emphasizes the right to remain, § 54 AufenthG describes the conditions under which deportation is considered a priority, such as:
- Serious criminal offenses
- Threats to public security
- Violations of the free democratic basic order
The authorities weigh the state’s interest in deporting an individual against the foreigner’s interest in remaining. Depending on the specifics of the case, § 55 may outweigh the deportation interest defined in § 54.
Practical Application: How to Assert Your Right to Stay
The right to stay under § 55 AufenthG is not just a theoretical idea. You must actively document and present evidence to successfully assert it. This section explains the documents required and how the authorities assess the claim.
Important Documentation
It’s essential to gather all relevant documents to support your claim. These may include:
- Settlement Permit: Proof that you meet the basic residency requirements.
- Proof of residence: Documents that show your continuous stay in Germany.
- Family records: Marriage certificates, children’s birth certificates, or evidence of a civil partnership with a German national.
- Humanitarian reasons: Medical certificates or evidence of other personal circumstances.
- Social ties: Any volunteer work or community involvement that shows your roots in Germany.
The Role of Authorities and Courts
Your right to stay will ultimately be determined by the competent authorities and courts. Initially, the Foreigners’ Office evaluates whether you meet the requirements of § 55 AufenthG. If denied, you can challenge the decision through legal means, with administrative courts having the final say.
Common Challenges with § 55 AufenthG
Asserting your right to stay can be complicated, and many individuals face difficulties during the process. This section identifies common pitfalls and provides advice on avoiding mistakes.
Frequent Mistakes
- Incomplete documentation: Missing documents can weaken your case.
- Outdated or incorrect information: Ensure all documents are current and accurate.
- Missed deadlines: It’s crucial to adhere to submission deadlines.
Legal Support and Enforcement
If your application to remain is denied, there are several ways to legally contest the decision. These include filing an appeal or bringing your case to an administrative court for review.
Conclusion: How § 55 AufenthG Protects Your Right to Stay
The right to remain under § 55 AufenthG is a powerful tool for those facing deportation. By understanding the legal framework, preparing thorough documentation, and seeking legal advice, you can maximize your chances of staying in Germany.
Jaberi Lawyers specializes in immigration law and can provide expert assistance with residency and deportation matters. If you are navigating the complex process of asserting your right to stay under § 55 AufenthG, contact Jaberi Lawyers for tailored support.
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Phone: +49 (0)40 413 499 87
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Email: contact@jaberilawyers.com
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Website: www.jaberilawyers.com
