Saturday, January 5, 2019

The Difference Between Expulsion and Deportation

This is a rather short essay over the terms, but in Germany....they have different 'paths'.

Expulsion (Ausweisung) typically means that you are a non-German, lacking a valid resident permit.  This could be a person who arrived from the US...who can legally only stay for 90 days, then having the choice to apply for a full resident visa, or leaving for a minimum of 90 days.  If you overstay this original period of 90 days (say to day 108) and the cops figure this out (or the border control folks at the airport).....then you get into serious issues, and they write up a expulsion order, which you leave ASAP.

With the expulsion order, they insert a key phrase which says you are unwelcome in Germany for a fairly long period of time.  This is why....you should make a decision about this residence permit/visa before day 90, and show up at the county auslander office to at at least start paperwork.

Deportation (deportation).  This is the 'nicer' form of Ausweisung....where they hand you a form, announcing you failed the visa application, or you screwed up on your visa 'promise', and they are giving you period of time to either appeal, or leave (on your own). 

This is a case where they'd like for you to just be nice and cooperative, and not make a big deal about leaving the country. 

Can you appeal both?  Deportation, yes.  In the expulsion situation....they will likely enforce you leaving the country and your appeal will occur later, if you file it and it's granted.  In the expulsion situation, they aren't kidding around and you've typically screwed up on staying past the 90-day point.

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