What are the consequences if a foreigner is caught without valid papers?
April 21, 2024 | 40,00 EUR | answered by Friedhelm Wagner
Dear immigration lawyer,
My name is Wilhelm Melzer and I am reaching out to you with an urgent question. Recently, my wife, who is a foreigner, was caught without valid papers and I am very worried about the consequences this could have for her.
The situation is as follows: My wife came to Germany as a refugee a few years ago and has unfortunately not yet received a legal residency status. She has been working here illegally for some time now, as she cannot obtain a legal work permit due to her lack of papers. She was caught and taken during a raid recently.
Currently, she is in detention awaiting deportation and I do not know what might happen to her. I am very concerned that she could be deported or face other consequences.
My question to you is: What are the consequences for a foreigner caught without valid papers? Are there any ways to avoid or lessen these consequences? What can we do in this situation to support my wife and prevent any negative outcomes?
Thank you in advance for your help and I look forward to your response.
Sincerely,
Wilhelm Melzer
Dear Mr. Melzer,
I understand your concerns and would like to help you clarify your wife's situation. If a foreigner is caught in Germany without valid papers, this can have serious consequences. In your case, where your wife is already in deportation custody, it is particularly important to act quickly and take the right steps.
First of all, it needs to be clarified why your wife has not obtained a legal residency status. It is important to check if she may be eligible for a residence permit, for example due to family ties (e.g. marriage to a German) or for humanitarian reasons (e.g. protection from persecution in her home country). In such cases, an application for a residence permit could be submitted to obtain a legal residency permit.
Furthermore, you should check if your wife is eligible for a suspension of deportation (Duldung). A suspension of deportation is granted in certain cases for humanitarian reasons when deportation is not possible or reasonable. This could be the case, for example, if your wife has been living in Germany for a long time, is rooted here, and deportation would pose a particular hardship for her.
It is also important to seek legal advice to ensure the best possible support for your wife. An experienced lawyer specializing in foreign law can help you assess your wife's legal options, file applications, and represent her during the proceedings.
In summary, there are indeed ways to mitigate or avoid the consequences of a lack of residency permit. However, it is crucial to act quickly, seek legal advice, and take the necessary steps.
I hope this information is helpful to you and I am available to clarify any further questions or to assist you in representing your wife.
Sincerely,
Friedhelm Wagner
Lawyer specializing in foreign law
