Termination of residence
A foreigner, who is not a citizen of an EU state, is obliged to leave the Federal Republic of Germany if he does not have or no longer has the required residence title or he/she does not have or no longer has a right of residence in accordance with the Association Agreement between the EEC and Turkey.
A residence title can expire for example if
- the residence title (visa, residence permit, settlement permit) has expired, has been revoked or retracted,
- the term of the residence title was reduced,
- a resolutory condition included in the residence title has occurred,
- the foreigner has continually spent more than six months abroad or has left the country for a purpose that is not temporary,
- an order for deportation has been issued,
- a deportation order according to § 58a Residence Act was announced.
The foreigner who is obliged to leave the country must do so immediately, or if a period has been allowed for departure, by the end of this period. The foreigner will be deported if he or she does not leave the country as required by the end of the period allowed for departure, and a deportation ban or domestic-related obstacle to execution does not apply. In certain legal cases, a judge can order the foreigner to be placed in custody to await deportation. In individual cases, if deportation is not possible for any reasons in fact or in law, then deportation will be suspended temporarily until they no longer apply (exceptional leave to remain), providing that a residence permit is not granted on humanitarian grounds. In addition, an exceptional leave to remain can be granted if urgent humanitarian or personal reasons or considerable public interest require the temporary presence of the foreigner in the Federal Republic of Germany.
Note: The period allowed for departure ends no later than six months after the date on which the obligation to leave the country can no longer be contested. This period may only be extended in special cases of hardship. The period allowed for departure shall be interrupted if the obligation to leave or of the notification announcing deportation ceases to apply.
The foreigner can meet his/her obligation to leave Germany by entering another member state of the European Union only if he/she is allowed to enter and stay in that member state.
In the same way as an expulsion or removal, a deportation brings about a ban on entry and residence which upon request is generally limited to when the foreigner leaves the country.
EU citizens are obliged to leave the country, if the authority for foreign nationals has established that there is no right of entry and residence. Dependents who are not EU citizens are obliged to leave the country, if the authority for foreign nationals revoke or retract the residence permit or permit for permanent residence.
The German original version of this text was drafted in close cooperation with the relevant departments. The Innenministerium released it on 12.02.2018. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.
In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.