Should a person commit an action that ends up on their criminal record, it can follow them for a long time. Such an action can seriously impact what they can and cannot do. Travelling to another country, never mind moving to one, can be significantly affected by having a criminal record. In this article, we will explore how having a criminal record affects a person’s chances of immigrating to Germany.

The information from this article is for generalised circumstances, and therefore, should one wish to avail of more specialised information, they should contact our firm directly. Find our contact details below this article.

Short Visits: Minor Offences on a Criminal Record

In Germany, a distinction is drawn between minor and serious offences regarding a person’s criminal record. In this regard, the conditions for entering Germany are not as strict as those for some other countries. Generally, Germany does not prevent those with minor offences from entering the country, especially when there has been a time gap between when the offence took place. In contrast, there is, of course, a difference when it comes to more serious offences, particularly those involving violence and drugs. Consequently, an application for a Schengen Visa can be turned down based on a person’s criminal record.

Should a person enter Germany from a country with a visa-free agreement, they will rarely be checked at the border, and if they are coming for a holiday, it is less likely that they will be asked. New checks are planned for those entering the Schengen Zone, but these actions are being designed with terrorist suspects in mind. It is worth noting that visa waiver agreements only cover visits that last less than 90 days in duration (90 days in a 180-day period). Should the person seek to stay longer, they must avail themselves of a visa or residence permit. Options regarding residence permits will be outlined below.

Short Visits: Serious Offences on a Criminal Record

Regarding more serious offences on a criminal record, Germany is much stricter about who it allows in. Should a person, for example, have served three years or more in prison for a public order offence or had a minimum of two years in prison for drug offences they are likely not to be granted permission to come to the Schengen Area in the first place.

Should a person have somehow entered Germany with such offences (as well as human trafficking) on their record the state authorities reserve the right to deport them immediately. If a person has more serious offences listed on their criminal record it is advisable for them to seek assistance from a qualified professional. A legal professional will be able to look into more detail at the individual circumstances of the applicant’s case.

Police Information Sharing in the EU

Should a person have a criminal conviction due to actions committed in Europe they should be aware that the European Criminal Records Information System (ECRIS) exists to ensure that police forces are aware of the criminal records of those entering a jurisdiction. This is aimed at ensuring those with convictions in one EU country cannot move to another to avoid prosecution.

It is noteworthy that, the authorities are also wary regarding more minor crimes, if committed within the boundaries of the EU. It is worth further noting that Germany is very strict when it comes to applicants lying about their criminal record. Should a person attempt to lie on this front it increases their chances of not being allowed into the country.

The German Residency Act §§ 53 – 54

§§ 53-54 German Residency Act (Aufenthaltsgesetz) states in which cases having a criminal record can prevent a person’s successful residency permit application to Germany. For major crimes such as those involving violence, threats of violence and sexual offences, as well as those involving terrorist activities, this is deemed to be a serious issue of concern. These are deemed of sufficient concern not to allow the applicant to come to Germany or gain a residence permit.

Residency in Germany with a Criminal Record

A residence permit allows a person to stay in Germany for an extended period of time if they are not a German or European Union citizen. For example, if a person aims to come to Germany to study, work or look for a job, they will require a form of residence permit. Residence visas can take several forms, such as the EU Blue Card, the residence permit for entrepreneurs and the ICT Card. Although coming to Germany can be more flexible when one has a criminal record (in cases of minor offences), the situation can be different for residence permits. Having a criminal record is listed as a specific cause not to give a person a residence permit.

When seeking a residence permit, one has to register their German address with the local registry office. This process involves showing passports and background checks. Should a person change their address in Germany, they will also have to register with the local registry office. Here, it can be once again seen that trying to hide issues concerning criminal convictions is a dangerous game.

Should you have committed a minor offence at home, in the EU or in Germany specifically it is advisable that you make contact with one of our legal team so as to evaluate your circumstances. Our immigration lawyers will examine the nature of the offence and establish your next move together. On this front, knowing the offence itself, when it was committed and what sanction was ordered will be vital. The reason for your desire to move to Germany will also be taken into account. Should it be for familial reasons – as a spouse or parent to a German citizen for example – the immigration authorities may be more willing to provide leniency. Once again, such decisions are based on the facts of the case.

For more serious offences it is also strongly advisable to avail of legal assistance. Without legal representation your chances of gaining a German residence permit are greatly reduced. Our lawyers will discuss the nature of the offences and the circumstances around them before providing their advice. Contact our firm today using the information below.

Immigration Lawyers in Germany

Schlun & Elseven Lawyers is experienced, reliable and knowledgeable when it comes to issues around immigration law. Our team provides advice to our clients on numerous immigration law and residency issues from questions concerning EU Blue Cards to availing of German citizenship. Our legal team also has experience of issues in the field of criminal law and can bring that into use when working with clients. This is especially the case in issues such as the impact of a criminal records on immigration.

As a multidisciplined and multilingual legal firm, we value clear and concise communication. In order to ensure that we do not get lost in translation with our clients, our firm offers services in English as well as German. From our offices in Cologne, Düsseldorf and Aachen, as well as our meeting rooms in Berlin, Hamburg, Frankfurt, Stuttgart and Munich, we have worked with clients from all over the world.

If you wish to find out more information for our services in the field of immigration to Germany with a criminal record, immigration generally or any other legal issue make sure to contact our firm directly. Our contact details are supplied below this article.