What does "obligation to leave the country" mean?
An obligation to leave the country is the legal requirement to depart from Germany. According to Section 50 of the Residence Act (AufenthG), this obligation arises when a foreign national does not possess the required Residence permit and does not have a right of residence under the EEC-Turkey Association Agreement.
A person who is required to leave the country must not only leave German territory. The obligation to leave also applies to the territory of other EU and Schengen states. An exception applies if the person required to leave has a right of residence in another EU or Schengen state.
An obligation to leave the country may arise for various reasons, for example, if
- there is no required Residence permit and no other right of residence in Germany,
- an asylum application has been definitively denied and the order to leave the country has become enforceable,
- a temporary visa, a residence permit, or other Residence permit has expired and was not renewed in a timely manner,
- Foreigners' office expels a person due to a serious criminal offense, and as a result, the Residence permit expires
- a person enters Germany without a visa or other required Residence permit ,
- EU citizens no longer have the right to free movement.
Difference: Obligation to Leave vs. Deportation
Important: An order to leave the country does not mean that the person in question will be deported immediately. Therefore, it is important to understand the difference between an order to leave the country and deportation (Section 58 of the Residence Act).
While the obligation to leave the country gives you the option to leave Germany voluntarily, deportation takes effect if you fail to comply with this obligation. In this case, the authorities will enforce your departure.
- Obligation to Leave: You are legally required to leave Germany within a specified period.
- Voluntary Departure: You comply with the obligation to leave the country and voluntarily depart Germany within the specified time limit.
- Deportation: You did not leave Germany voluntarily. The authorities are enforcing your obligation to leave the country.
The key difference between the obligation to leave the country and deportation, therefore, lies in whether you take the initiative yourself or whether the authorities must intervene.
What can you do if you are required to leave the country?
If you are subject to a departure order, you should act as quickly as possible. Your options depend, among other things, on the reason for the departure order and your personal situation.
You should therefore check whether you can challenge the decision in court, whether a " Residence permit," a " Tolerance permit ," or a ban on deportation is possible, or whether the deadline for voluntary departure can be extended.
If there is no way for you to remain in Germany legally, you should begin preparing for your voluntary departure as early as possible. You can seek assistance from an advisory center in this process.
Check the notice and the deadline for departure
First, determine why you are required to leave the country. You can find the most important information in the notice issued by the Federal Office for Migration and Refugees ( Foreigners' office ) or the Federal Office for Migration and Refugees (BAMF). That notice usually also specifies the deadline by which you must leave Germany and what legal options are available to you.
Pay special attention to the information on legal remedies at the end of the decision. There you will find out whether you can file an objection or bring a lawsuit, and within what time frame. The deadlines can be very short.
Important: An appeal or a lawsuit does not always prevent deportation. In some cases, you may also need to file an urgent motion with the administrative court. Therefore, have the decision reviewed by an advocacy center or a specialized attorney as soon as possible.
Apply for an Extension of the Departure Deadline
If you have received a written notice of deportation, it will also specify the deadline for your voluntary departure. This deadline is generally between seven and 30 days.
If you are unable to leave Germany within this time limit, you may apply for an extension. A longer departure period may be necessary, for example, so that you can:
- can organize your trip,
- obtain the necessary travel documents,
- complete a course of medical treatment,
- take care of family or personal matters,
- Cancel your apartment lease and any current contracts, or
- may be able to prepare for resettlement in another country, if necessary.
Explain to the authorities as clearly as possible why you need more time to leave the country. Include any supporting documentation you have, such as medical certificates, travel documents, or letters from government agencies.
The Federal Office for Migration and Refugees ( Foreigners' office ) may extend the departure deadline in individual cases or set a longer deadline from the outset. However, there is no legal right to an extension of the deadline. Therefore, submit your application well in advance and do not wait until the last day of the departure deadline.
Tolerance permit or check for a ban on deportation
You should also check whether, in your case, a “Tolerance permit ” under Section 60a of the Residence Act (AufenthG) or a national ban on deportation under Section 60(5) or (7) of the Residence Act (AufenthG) applies.
Neither option provides a secure right of residence. Therefore, neither is a long-term solution.
Obligation to Leave the Country: When Is a " Tolerance permit " Possible?
A stay of deportation ( Tolerance permit ) may be granted if deportation is temporarily impossible for legal or factual reasons. This may be the case, for example, if a person is proven to be unable to travel (e.g., due to a serious illness), lacks travel documents, or has no means of travel.
The “ Tolerance permit ” generally applies only as long as the obstacle to deportation remains in effect. If the reason no longer applies, the deportation may proceed again.
Important: A “ Tolerance permit ” is not a “ Residence permit.” It also does not lift the obligation to leave the country. Although the person in question may not be deported temporarily, they remain obligated to leave the country.
Obligation to Leave the Country: Under What Circumstances Is a Ban on Deportation Possible?
Different conditions apply to a national ban on deportation. A ban on deportation may be imposed if deportation would violate the European Convention on Human Rights (ECHR). This is particularly the case if the person concerned faces a risk of torture or inhuman or degrading treatment in their country of origin.
A ban on deportation may also apply if there is a specific and individual threat to life, limb, or liberty in the country of origin. This may also include serious or life-threatening illnesses that would be exacerbated by deportation.
If a ban on deportation is established, the person concerned may not be deported to the country where they face danger. As a rule, they should then be granted a residence permit pursuant to Section 25(3) of the Residence Act (AufenthG). This permit is issued for a limited period and may be extended as long as the ban on deportation remains in effect.
Preparing for Voluntary Departure
If there is no way for you to remain in Germany legally, you should voluntarily comply with your obligation to leave the country. This means that you must leave Germany on your own within the specified time limit.
If you choose to leave voluntarily, you can decide when to leave. However, you do not have to organize your departure entirely on your own. Return counseling centers can assist you with travel planning, obtaining the necessary documents, and finding suitable assistance programs, among other things.
Through the REAG/GARP assistance program, individuals who leave the country voluntarily can receive financial support. For example, the program may cover some or all of the travel costs. People from certain countries of origin may also receive a one-time financial start-up grant. This is intended to help them get through the initial period after their return.
The benefits you may be eligible to receive depend, among other things, on your nationality, your destination country, and your personal circumstances. You must submit your application before you leave the country. However, there is no legal entitlement to this assistance.
What happens if you fail to comply with the requirement to leave the country
If you do not leave Germany voluntarily within the specified time limit, the authorities may enforce your obligation to leave the country. Possible consequences include:
Deportation under Section 58 of the Residence Act: If your obligation to leave the country is enforceable and the deadline for departure has expired, the authorities may carry out the deportation by force.
Entry and Residence Ban under Section 11 of the Residence Act (AufenthG): In the event of deportation, an entry and residence ban is generally also imposed. The ban is typically imposed for Germany as well as all EU and Schengen countries and may last for several years.
Costs of Deportation Under Section 66 of the Residence Act: The person being deported must bear the costs incurred by the deportation. These may include, for example, costs for transportation and escort during the deportation.
Additional regulatory measures: The Federal Office for Migration and Refugees ( Foreigners' office ) may impose additional requirements and restrictions to prepare for or enforce deportation. These include:
- a geographical restriction to a specific district
- a residence requirement
- the obligation to report regularly to the Foreigners' office
- additional measures to verify identity or obtain travel documents
- court-ordered detention pending deportation
Therefore, don't just sit back and wait if you've received a deportation notice. Find out as soon as possible what legal and personal options are available to you in your case.
Rights and Obligations During the Period of Mandatory Departure
Even if you are required to leave the country, you still have certain rights. At the same time, you must fulfill specific obligations. Failure to meet these obligations may have a negative impact on your case.
Report a Change of Address and an Extended Absence
If you are required to leave the country, you must be reachable by the Federal Office for Migration and Refugees ( Foreigners' office ). Therefore, you must notify the authorities in advance if you plan to move or leave the district of the responsible State Office for Migration and Refugees ( Foreigners' office ) for more than three days.
If you do not report a change of address or an extended absence, important correspondence may not reach you in time. This creates the risk that you will miss deadlines or appointments. Depending on the specific circumstances, the authorities may also order additional measures.
Therefore, always notify the Foreigners' office of any changes in a timely manner. Also, be sure to keep a record of your notification.
Help out with the " Clarification of identity " and passport applications
Persons required to leave the country must, as a general rule, cooperate in verifying their identity and nationality. If you do not have a valid passport or passport substitute, you must also cooperate in obtaining an appropriate document.
In addition, the obligation to cooperate applies in the following cases:
- present any passports and identification documents you have,
- Submit birth certificates or other civil status records,
- to apply for a passport at the appropriate embassy or consulate,
- fill out the necessary applications and forms,
- to appear at appointments with government agencies or diplomatic missions abroad, and
- submit additional documents that are relevant to a possible return.
Failure to comply with your obligation to cooperate may have negative consequences for your case.
Obligation to Leave the Country: Can the German Federal Office for Migration and Refugees ( Foreigners' office ) Retain the Passport?
Yes. If you are required to leave the country, the Federal Office for Migration and Refugees ( Foreigners' office ) may hold your passport or passport substitute until your departure. This also applies to other documents and data storage media if they are important for verifying your identity and nationality or for preparing for a possible return.
For example, the following may be affected:
- Passports and temporary travel documents,
- previous identification cards and other identity documents,
- Birth, marriage, or other civil status certificates,
- Visas, Residence permit , or other official documents issued by another country,
- Tickets and other travel documents, as well as
- Other documents that are important for Clarification of identity or repatriation.
Obligation to Leave the Country: Where Must You Go?
Important: The obligation to leave the country does not apply only to Germany. According to Section 50(2) of the Residence Act (AufenthG), persons required to leave the country must also leave the territory of other EU and Schengen states. This is intended to prevent someone from simply crossing the German border and then staying in another European country without a right of residence.
The person must therefore be returned to their country of origin or to another country that is willing or obligated to accept them. This could be, for example, a country of which the person is a national. A country in which the person holds a valid Residence permit or has another right of residence may also be considered as a destination country.
When does the obligation to leave the country end?
The obligation to leave the country remains in effect as long as you do not hold a valid residence permit ( Residence permit ) or any other right of residence in Germany. This obligation can be fulfilled by leaving the country or terminated by the granting or recognition of a right of residence.
Leaving Germany: When you leave Germany, you are fulfilling your obligation to leave the country. You must travel to your country of origin or to another country where you are permitted to stay. Simply crossing the border into another EU country is not sufficient if you do not have the right to reside there.
Granting of a Residence Permit: The obligation to leave the country ends when you are granted a residence permit ( Residence permit ). This may be, for example, a residence permit for family, professional, or humanitarian reasons ( Residence permit ).
Court Ruling: The obligation to leave the country may also be waived if the Federal Office for Migration and Refugees ( Foreigners' office ) or a court lifts the obligation to leave.
FAQ – Questions and Answers About the Obligation to Leave the Country
The obligation to leave the country (Section 50 of the Residence Act) means that a foreign national must leave Germany because he or she does not hold a valid residence permit ( Residence permit ) or any other right of residence. The departure must take place within the time limit set by the authorities.
No. The obligation to leave the country is, first and foremost, a legal obligation to leave Germany. In the case of deportation, the authorities enforce this obligation by compulsion. For this to happen, the obligation to leave must be enforceable. Furthermore, no grace period for departure may have been granted, or the set deadline must have already expired.
The order to leave the country is enforceable if no further appeals against the decision are possible or if an appeal that has been filed does not halt enforcement.
In the event of a threat of deportation, the deadline for voluntary departure is between seven and 30 days. In special cases, the authorities may set a shorter deadline or waive the deadline entirely. The exact deadline is specified in the notice issued by the Federal Office for Migration and Refugees ( Foreigners' office ) or the Federal Office for Migration and Refugees (BAMF).
If the obligation to leave the country is enforceable and the deadline for departure has expired, the authorities may order deportation. In addition, a temporary ban on entry and residence may be imposed.
