Deportation in Germany – Legal Help Against Deportation
Deportation is one of the most stressful situations for foreign nationals in Germany. It not only threatens your legal stay but also your family life and social existence.
Many people do not know their rights or what legal options exist to stop or delay deportation.
As a deportation lawyer, I review official decisions, represent you in court, and develop individual strategies to prevent deportation.
Table of Contents
What does deportation mean?
Legal basis of deportation
Difference: Expulsion – Deportation – Removal
Procedure of a deportation
Detention pending deportation
Toleration (Duldung) and residence perspectives
Enforcement measures
Legal remedies against deportation
Deportation of families
Deportation due to illness
Deportation for criminal offences
Hardship application and petitions
Voluntary departure instead of deportation
Practical tips in case of deportation
My support for you
Contact
Deportation means the forced removal of a foreigner from Germany by the immigration authority.
It is carried out when:
the residence permit has expired,
no toleration (“Duldung”) or residence permit is granted,
the person does not leave Germany voluntarily.
Legal basis: § 58 German Residence Act (AufenthG).
The main regulations are:
German Residence Act (§§ 50 ff. AufenthG)
Asylum Act
EU Return Directive
German Constitution (human dignity, family protection)
Every deportation must respect human rights and be proportionate.
Difference: Expulsion – Deportation – Removal
Expulsion (Ausweisung): official order to leave Germany, often for criminal offences.
Deportation (Abschiebung): the actual forced removal by authorities.
Removal (Zurückschiebung): immediate return after illegal entry.
Obligation to leave Germany: after asylum rejection or end of residence permit.
Deportation warning: written order with deadline.
Duldung or enforcement: if voluntary departure does not happen.
Detention pending deportation (in some cases).
Execution of deportation: transfer with police escort to the home country.
Detention pending deportation is not punishment but a security measure.
Ordered by the district court if there is risk of absconding.
Maximum duration: 6 months (up to 18 months if the person hides repeatedly).
Important:
You have the right to contact a lawyer.
Reasons for detention must be stated clearly.
Legal remedies are possible.
Toleration (Duldung) and residence perspectives
A Duldung means the deportation is temporarily suspended, e.g. because:
serious illness makes deportation impossible,
no valid passport is available,
there are underage children in the family.
Duldung is not a residence permit, but it protects against deportation for the time being.
Authorities can take measures such as:
police escort,
temporary custody,
deportation detention,
residence obligation (Wohnsitzauflage),
orders to leave the country.
Legal remedies against deportation
You have the right to defend yourself:
✅ Appeal against residence permit rejection
✅ Application for interim relief before the administrative court
✅ Appeal against detention pending deportation
✅ Hardship application
⚠️ Deadlines are very short – often only one week after receiving the order.
Families with underage children have special protection under Art. 6 German Constitution.
Authorities must consider:
the child’s best interests,
school attendance,
strong social ties in Germany.
Deportation is forbidden if:
there is danger to life due to illness,
no treatment is available in the home country.
Proof: medical certificates and expert opinions are necessary.
Deportation for criminal offences
Criminal offences can lead to expulsion and deportation.
Examples:
serious bodily injury,
drug trafficking,
property crimes.
⚖️ Even then, every case must be proportionate and reviewed by a court.
Hardship application and petitions
If there are special humanitarian reasons, you can file a hardship application (§ 23a AufenthG).
Also possible: petitions to the state parliament or the Bundestag to suspend deportation.
Voluntary departure instead of deportation
Voluntary departure is often the better solution:
no entry and residence ban,
no police measures,
possible financial support for return.
Practical tips in case of deportation
✅ Keep documents ready: residence permit, Duldung, court decisions
✅ Contact a lawyer immediately
✅ Provide medical certificates in case of illness
✅ Check possibility of hardship application
As a lawyer, I help you to:
stop deportation with urgent legal remedies,
apply for Duldung or residence permit,
prepare hardship applications,
challenge deportation detention,
develop perspectives for legal residence.
Contact me – before it is too late
Do not wait until the police are at your door. The earlier you act, the higher your chances.
📞 Phone: +49 172 8974716
✉️ E-Mail: beisel@duckscheer.de
I will stand by your side as an experienced deportation lawyer and fight for your right to stay in Germany.