What does the obligation to leave the country according to § 50 AufenthG mean?
You may have already heard about the obligation to leave the country under Section 50 of the Residence Act and are now wondering what this means for you in concrete terms. If you no longer have a valid Residence permit , you could be affected by this regulation. In this section, we will show you when the obligation to leave the country applies, the legal basis on which it is based and how it differs from deportation.
Requirements for the obligation to leave the country
The reasons for an obligation to leave the country can vary:
- You do not own Residence permit.
- Your right of residence under the EEC-Turkey Association Agreement no longer exists.
- You are obliged to leave Germany immediately or within a specified period.
- There is an interest in deporting you in accordance with § 54 AufenthG
Legal basis of § 50 AufenthG
§ Section 50 of the Residence Act stipulates that you are obliged to leave the country if your Residence permit is no longer valid. This regulation also applies to those whose right of residence has expired under special agreements. The law requires you to leave Germany and the other Schengen states unless you have been granted a period of grace to leave the country.
The specification is as follows:
§Section 50 (1) AufenthG: "A foreigner is obliged to leave the country if he does not or no longer has a required Residence permit and a right of residence under the EEC/Turkey Association Agreement does not or no longer exists."
§ Section 50 (2) Residence Act: "The foreigner must leave the federal territory and the territory of the other member states of the European Union and the other Schengen states immediately or, if a deadline for departure has been set, by the end of the deadline."
Differences between the obligation to leave the country and deportation
It is important to understand the difference between the obligation to leave the country and deportation. While the obligation to leave the country under § 50 AufenthG gives you the opportunity to leave the country voluntarily, § 58 AufenthG provides for deportation if you do not comply with this obligation. In this case, your departure will be enforced by the authorities. The decisive difference therefore lies in whether you take the initiative yourself or whether the authorities have to intervene.
Section 58 (1) sentence 1 of the Residence Act states:
"The foreigner is to be deported if the obligation to leave the country is enforceable, a deadline for departure has not been granted or has expired, and voluntary fulfillment of the obligation to leave the country is not assured or monitoring of the departure appears necessary for reasons of public safety and order."
Beforehand, you will receive information on the threat of deportation in accordance with Section 59 (1) sentence 2 AufenthG. In the threat, you will be granted a period of 7-30 days. This is the period during which you can leave the country voluntarily. If this period expires, deportation can take place at any time.
There are exceptions in the event that you have already been informed of the obligation to leave the country in accordance with Section 77 AufenthG or if your Residence permit has either been withdrawn, revoked or you have been deported in accordance with Section 51 (1) numbers 3 to 5 AufenthG.
Options for action under Section 50 AufenthG
If you are affected by the obligation to leave the country under Section 50 AufenthG, it is important to know your options and take the right steps. There are various options available to you to clarify your situation and avoid legal consequences. In the following, we will show you what steps you can take and what happens if you do not comply with your obligation to leave the country.
Applying for an extension of the exit deadline
If you are not in a position to leave the country immediately, you have the option of applying to the relevant Foreigners' office for a time limit for leaving the country.
Such a deadline can help you to make the necessary preparations, such as:
- The organization of a safe journey to your home country or to another host country.
- Clarification of personal matters, such as deregistering with authorities or terminating contracts.
- Preparing for your return or planning your onward journey to another country, if this is an option for you.
To apply for a time limit to leave the country, you should contact Foreigners' office at an early stage and make a credible case for why you need the time limit. Remember that this period is usually limited and that you must actively prepare your departure during this time.
Options for voluntary departure
Voluntary departure is one of the best options to prevent possible coercive measures such as deportation. You have the opportunity to decide for yourself when and how you leave Germany. You can take advantage of the following benefits:
- Cost savings: You avoid the costs that can arise in the event of forced deportation.
- Preservation of your dignity: Voluntary departure allows you to retain control over your situation and determine the time of your departure yourself.
Consequences of non-compliance with the obligation to leave the country
If you do not comply with the obligation to leave the country, you may face serious consequences. The Foreigners' office can then initiate measures that can have unpleasant and expensive consequences for you.
The possible consequences include
- Forced deportation according to § 58 AufenthG: Your departure is organized and enforced by the authorities, often under unpleasant conditions.
- Entry and residence ban according to § 11 AufenthG: In the event of deportation, an entry and residence ban is usually imposed for Germany and the Schengen states, which can last for several years. This is the blocking effect according to § 11 AufenthG.
- Assumption of costs according to § 66 AufenthG: You must bear the costs of deportation in accordance with § 66 AufenthG, which can lead to considerable financial burdens.
We have attached a table showing the consequences of not complying with the designation interest:
Consequence of non-compliance | Description | Possible effects |
|---|---|---|
Forced deportation | The authorities organize and enforce your departure under duress. | Loss of control over the time and manner of departure as well as stress and trauma |
Entry and residence ban | Imposing a ban on re-entry to Germany and other Schengen states. | Barred from staying in Germany for several years and more difficult return options |
Assumption of costs for deportation | You must bear all the costs incurred by the deportation yourself. | Financial burden due to high costs and debt risk in the event of inability to pay |
Important notes and exceptions
If you are affected by the obligation to leave the country under Section 50 AufenthG, there are some special information and exceptions that may be of great importance to you. These relate in particular to your situation within the EU and Schengen states as well as possible special regulations that may apply to your case.
Obligation to leave the EU and Schengen states
The obligation to leave the country does not only apply to Germany, but extends to all member states of the European Union and the Schengen states. This means for you:
- No alternative options within the EU: Even if you leave Germany, you must ensure that you enter the country in which you are legally permitted to stay and enter.
- Obligation to leave the country: The obligation to leave the country applies not only to Germany, but also to other EU and Schengen states. Re-entry without a valid Residence permit can lead to legal problems.
What happens when I enter another EU country?
Many people ask themselves whether they can fulfill their obligation to leave the country by simply traveling to another EU country. The law is clear here: you only fulfill your obligation to leave the country if you enter the country in which you are legally permitted to stay.
You should note the following:
- Entry permit required: You cannot simply fulfill your obligation to leave the country by crossing the border into another EU country if you have not been issued an entry and residence permit there.
- Rejection and sanctions: Without the appropriate permit, you risk being turned back or suffering sanctions. This could further worsen your situation and make it more difficult for you to return to Germany.
If you are considering traveling to another EU country, you should find out about the legal requirements and your personal options beforehand.
Special regulations and Tolerance permit
Under certain circumstances, there may be special regulations for you that offer temporary prospects of remaining in Germany in accordance with the interest in remaining in Germany pursuant to Section 55 (1) or (2) AufenthG. One of these options is the so-called Tolerance permit in accordance with Section 60a AufenthG or a ban on deportation in accordance with Section 60 AufenthG. This is a temporary suspension of deportation, but is not a long-term solution:
- Tolerance permit as an exception: Tolerance permit is granted if there are urgent humanitarian or personal reasons that make immediate departure unreasonable.
- Conditions and restrictions: The Tolerance permit is only granted for a limited period of time and is subject to strict conditions, such as reporting obligations and conditions restricting residence.
- Not a residence permit: It is important to note that a Tolerance permit is not a legal Residence permit and should not be confused with a residence permit.
The role of Foreigners' office in the obligation to leave the country
Foreigners' office plays a central role when it comes to enforcing the obligation to leave the country in accordance with Section 50 AufenthG. In this section, we explain what notification obligations you have, how your documents are handled and what happens if your whereabouts are unknown.
Obligation to notify changes of address
If you are obliged to leave the country, you have a special obligation to inform Foreigners' office of any change of address. This obligation is not only formal, but can have serious consequences if it is not complied with:
- Obligation to notify: You must notify Foreigners' office immediately of any change of address. This applies in particular if you change your address or wish to leave the district of Foreigners' office for more than three days.
- Consequences of failing to do so: An unreported change of address can be seen as an attempt to evade the obligation to leave the country. This could result in the authorities taking more stringent measures.
It is therefore advisable to always report changes to your address immediately in order to avoid misunderstandings and possible sanctions.
Safekeeping of documents
Foreigners' office has the right to retain certain documents and records that are necessary to establish your identity or to organize your departure. These include
- Passport or passport substitute: These documents may be withheld by the authorities to ensure that you leave the country as prescribed.
- Important documents: Other important documents that are required to establish your identity or to organize your departure can also be kept.
Measures if the location is unknown
If Foreigners' office does not know your whereabouts, it can take various measures to locate you and enforce your obligation to leave the country:
- Alert: If your whereabouts are unknown, the authorities can initiate an alert to determine your whereabouts. This means that the police are looking for you
- Clarification of identity: In some cases, an alert may also be issued to Clarification of identity to determine whether you are in Germany illegally.
- Further measures: If you violate an entry and residence ban, you may be issued an alert for arrest to prevent you from re-entering the country illegally.
Settlement permit apply?
Conclusion on Section 50 AufenthG
The obligation to leave the country under Section 50 AufenthG brings with it numerous challenges, but it also provides clear guidelines on how you can avoid legal problems. It is crucial that you assess your situation realistically and take the right steps to secure your future.
Importance of complying with the obligation to leave the country
Compliance with the obligation to leave the country in accordance with § 50 AufenthG is of great importance in order to avoid negative legal consequences. Here are the most important points you should bear in mind:
- Avoidance of coercive measures: By voluntarily fulfilling your obligation to leave the country, you can prevent forced deportation and the associated burdens.
- Protection from entry and residence bans: If you comply with the obligation to leave the country, you can avoid an entry ban in Germany and other Schengen states, which is often imposed for several years.
- Safeguarding your rights: By complying with the legal requirements, you ensure that your rights are safeguarded and that you have the opportunity to return to Germany legally in the future.
Steps to secure long-term residence
In order to be able to stay in Germany in the long term, you should take action at an early stage and consider the following steps:
- Check your current residence status: Have your current residence status checked and clarify whether you are entitled to an extension or renewal of your residence permit.
- Seek legal advice: Get early legal advice from a specialist migration lawyer to consider your options and choose the best possible route.
- Apply for Tolerance permit or a new Residence permit : If your current Residence permit expires, you should immediately apply for an Tolerance permit or a new Residence permit in order to remain legally protected.
- Keep documentation in order: Make sure all necessary documents, such as passport and Residence permit, are up to date and keep in touch with Foreigners' office.
- Clarify long-term prospects: Consider what long-term options are available to you, e.g. applying for a Settlement permit or Naturalization, and plan accordingly.
FAQ - Frequently asked questions about § 50 AufenthG
According to § 50 AufenthG, you are obliged to leave the country if you do not have a valid Residence permit and a deadline for leaving the country has either expired or has not been granted.
A foreigner obliged to leave the country is a person without a valid Residence permit residence permit who must leave Germany as they have no legal right to remain in the country.
This means that the person concerned no longer has a valid Residence permit and is legally obliged to leave Germany.
If you do not leave voluntarily, you may be forcibly deported, which is often associated with a ban on entry and residence for several years.
Yes, under certain circumstances you can apply for a time limit for leaving the country or a Tolerance permit can be issued under § 60 AufenthG, which temporarily postpones your departure.
