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I need some help urgently.

I am from Mauritius and I have a permanent job confirmed in Dusseldorf, Germany. I have contract and confirmation letter from the company and some other documents from them.

I came to London for 1 week to visit my relatives before going there and, today, I travelled to Dusseldorf but I was refused access because I do not have a work permit.

I was supposed to have my appointment at the German foreign office this Friday (organised by the company) for the residence permit but i was refused entry because i do not have a work visa.

Normally, I do not need a visa to enter Germany for a duration of 90 days. I came to Germany last month without problem.

Now, as I was refused access, there is a stamp on my passport as below.

enter image description here

Has anyone ever encountered this?

Do you think that i will be able to make my application for my visa from London or should I go back to my home country?

Will I still be able to enter Germany with this stamp on my passport? I really don't know what to do.

If i didn't detour to London. I would have been deported back to Mauritius on a 13 hour flight... :(

Any Advice?

Here are other documents that the officer gave me before deporting me. it's in german and i do not understand it.

enter image description here enter image description here enter image description here

These two reasons were checked:

  • ohne gueltiges Visum oder gueltigen Aufenthaltstitel (Google Translate: without valid visa or valid residence permit)
  • stellt eine Gefahr fuer die oeffentliche Ordnung, die innere Sicherheit, die oeffentliche internationalen Beziehungen eines oder mehrerer Schengenstaaten dar (Google Translate: constitutes a threat to the public order, to internal security, to the public international relations of one or more Schengen States)

(Note: umlauts were converted to base vowel + e)

user2707590
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    Typically, work visas are applied for on your behalf by the company where you're going to work. I've never heard of someone applying for their own work visa. – brhans Jan 18 '17 at 20:59
  • It would be better to use an image of the stamp in your actual passport, and not 'borrow' it from another site, especially without giving credit. That's why I made the change. In addition, if you were presented documentation of your refused entry, scan and upload that to facilitate feedback from members. – Giorgio Jan 18 '17 at 21:15
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    Your story sounds indeed rather strange. Who arranged the meeting for you with the German authorities in Germany? The normal procedure for a work visa is to apply from your country of residence at a German consulate. Work visas are generally not available if you are already in Germany. The stamp you have posted in your question is for a refused entry because of exceeding the allowed 90 days of visa free stay. If you can't scan your own stamp, then at least please provide the specific reason for refusing entry (probably: 'has no valid visa or residence permit'). – jarnbjo Jan 18 '17 at 21:51
  • thank you for your responses guys,. i updated the documents. – user2707590 Jan 18 '17 at 22:46
  • Thanks for adding the actual stamp. The documents are also important, as you may have been refused entry, rather than the far more serious deportation. There are members can read the German and may be able to help you understand the implications of the removal. You gave a link, but that's not working. Did you get an error message after you uploaded the image of your passport page? – Giorgio Jan 18 '17 at 22:59
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    @Dorothy The link is working for me using Chrome. There are a total of 4 pages at the link. – mkennedy Jan 18 '17 at 23:26
  • The portion you google translated is extremely serious and, rather than input from random strangers, you may want to consult a solicitor. Take a look at the SE feedback in regarding a similar refusal – Giorgio Jan 19 '17 at 00:34
  • @Dorothy No, it is not extremely serious. You can see my answer, but 'threat to public policy' is German legalese for 'intending to work illegaly'. – jarnbjo Jan 19 '17 at 00:52
  • You say you have a permanent job confirmed but you don't seem to have a work visa. Either they thought you already had work permission or the job is a scam of some kind. – Loren Pechtel Jan 19 '17 at 01:58
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    @LorenPechtel, it seems that a few non-EU nationalities can enter Germany visa-free and apply for work permission inside the country. It may be that the company's only experience hiring foreigners was with those nationalities and they just mistakenly thought the OP could do it that way too. – Dennis Jan 19 '17 at 14:40
  • @jarnbjo The confusion stems from the fact that this is really an abuse of the Schengen system rather than legitimate German legalese. There are two separate reasons to deny entry that readily apply to someone who comes to work illegally (“Justification for the purpose and conditions of the intended stay was not reliable” and “Your intention to leave the territory of the Member States before the expiry of the visa applied for could not be ascertained”). – Gala Jan 20 '17 at 09:38
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    “Threat to public policy” is extremely serious, as evidenced by the fact that the same wording can be used to deny entry to EU citizens and by the case law of the EUCJ on what these words mean. – Gala Jan 20 '17 at 09:39
  • @Gala what do you mean by your last comment? – user2707590 Jan 20 '17 at 11:12
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    @user2707590 That they are not supposed to use this wording for a visa mix-up or even if you actually worked illegally or were removed after some immigration violation (which isn't your case). It's intended for things like people involved in organised criminality, political extremists, etc. That's why it can be used against EU citizens (who have very strong rights to enter another EU country and can work there without asking for authorisation). – Gala Jan 20 '17 at 14:49
  • And the EU court of justice already heard several cases on this (albeit regarding EU citizens, not third-country nationals but the wording is the same), ruling that merely being found guilty of a crime wasn't enough to invoke "public security", the crime must be particularly serious in some way to raise to the level of a threat to "public policy, public security or public health". That's why I think the German border guards are simply abusing the system by invoking this for people who merely failed to apply for the right visa. – Gala Jan 20 '17 at 14:52
  • @Gala - ahh ok... so you mean that i should make an appeal for this case because they use an option which is not applicable to my case? – user2707590 Jan 20 '17 at 17:58
  • @user2707590 No that's not what I am saying. The fact that it's illegal does not mean there is an effective recourse available to you. And it's a rather technical issue, as I explained in another comment, German border guards are perfectly entitled to refuse entry, only they should use another justification. And even if they did not refuse entry, you would still not be able to apply for a residence permit and work in Germany. – Gala Jan 21 '17 at 13:27
  • I wrote a short answer to clarify all this. All the discussion we had can be confusing but what you should do now is quite clear: Go back to Mauritius and apply for a long-stay visa. There is no easy way around that. – Gala Jan 21 '17 at 13:35
  • You can't enter Germany with a tourist visa and then apply for an employment visa, simple as that. You must enter with the corresponding visa for the purpose of your stay, which should be applied for and obtained at a consulate abroad before you enter Germany. There is probably something fishy going on with the company that says they're going to hire you. – xji Jan 23 '17 at 23:02
  • The site hosting your images seems to be defunct. Also, could you post an answer describing what happened in the end? – phoog Sep 16 '19 at 12:45

2 Answers2

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@jarnbjo already provided a detailed explanation on what happened, with additional details in comments. But as far as what you can do now, the answer is quite simple: You need to return to the country where you are a resident (Mauritius?) and apply for the proper visa from there, possibly with the help of a German lawyer to double check your application and avoid any further difficulties. If that fails, then it will be time to consider some form of appeal (and you definitely need a lawyer familiar with this specific area of the law for that).

Even if I personally think the specific reason invoked for the decision at the border was not entirely kosher (they should have invoked another one), the fact remain that even if you did manage to enter, you would not have been able to get a residence permit from within Germany. So there is no point in relitigating the issue or wondering whether some details of your situation haven't been properly communicated or why and how your employer, the police or the consulate might have provided misleading advice. You need to get that long-stay visa, that's the only solution.

Gala
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  • ok thanks. I understand that i need a visa to go and work in germany now. What's worrying me now is that will the embassy be able to refuse to give me visa because of this stamp which is on my passport, even if i have all papers that they need? This stamp is the only thing that is stressing me and also the fact that i have a bad entry in the schengen database (threat to public policy etc.). – user2707590 Jan 22 '17 at 18:24
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The last page you uploaded, starting with "Rechtsbehelfsbelehrung" has a blank field for your signature to the left of the officer's signature. Did you sign here on the copy retained by the immigration authorities? With that signature, you acknowledged that you have received an oral, English translation of the documents.

The documents you have downloaded are two distinct, official decisions:

Refusal of entry, Einreiseverweigerung (page 2)

Your translation of the resons for entry refusals are correct. The official English text for the reasons (C) and (I) are:

  • (C) has no valid visa or residence permit
  • (I) is concidered to be a threat to public policy, internal security, public health or the international relations of one or more of the Member States of the European Union

Following the list of checkboxes is the following remark:

Intended residency and employment in the territory of the Federal Republic.

Reason (I) for refusal may sound harsher than it actually is. German immigration authorities often consider illegal employment to be a 'threat to public policy'.

You can appeal against the decision within one month. I am not a lawyer, you may want to consult a lawyer for a more qualified advice, but I don't see any realistic justification for an appeal. As I already told in my comment, you generally cannot apply for a residence or work permit from within Germany, but have to do this at the consulate competent for your place of residence. This also means that you will not be able to get the paperwork done in London, but will have to go the German consulate in Mauritius. You must anyway expect that the processing of your application will take several months. It's difficult to tell what kind of meeting your future employer has setup for you with the German authorities.

Provision of security, Niederschrift Sicherheitsleistung (pages 3-4)

This document explains that you are liable for all expenditures relating to your refusal and that you have made a partial payment of 55€. After determining the actual costs, you are likely to receive a claim on the remaining amount. You can appeal against this decision as well within one month.

You further ask if you are still able to enter Germany. There is nothing in this decision implying an entry ban. You have 'simply' been refused entry because the purpose of your visit is not covered by your right to enter without a visa. You must however realize that from the point of view of the German immigration authorities, you have already once tried to violate the conditions for stay. If it was a mistake because you have been misguided by your future employer is not so important, it is solely your responsibility to adhere to the immigration requirements. You must assume that this entry refusal will weigh against you in any future residence or work permit applications and that you will be subject to more thorough immigration checks every time you try to enter the Schengen area.

jarnbjo
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  • thanks for this detailed explanation. While i was at the police at the airport, my company called the airport and even made the foreign office called too who said that i would get the blue card, but the police was not cooperative and very strict. The officer told me that the fastest way was for me to go to the german embassy in london (if i am not refused entry) and apply for visa... Then thing that you said about this stamp will weigh against me in the future is quite worrying. – user2707590 Jan 19 '17 at 10:08
  • As I already wrote in my initial comment, the whole story sounds rather strange. With some exceptions (and if you are a Mauritian citizen, they are not relevant for you), you simply can't apply for a work visa or blue card from within Germany. We can't guess why German authorities would make an exception in your case and the immigration police obviously didn't buy the story either. I am also not sure if it is your mistake, but you keep referring to the Foreign Office, which is not responsible for your case. A blue card application will be handled by the Office for Migration and Refugees. – jarnbjo Jan 19 '17 at 13:00
  • Sorry, i am using Foreign office because my company made the necessary and even book appointment for me with some german authorities that they are referring to "Foreign Office". I don't know much about Europe and the visas that are required. My company told me that i would not require a visa to enter germany which is the reason i did not made any application. All that i knew is that upon arrival, i should register in the city and then apply for the residence permit. – user2707590 Jan 19 '17 at 14:05
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    And once again: That is simply not how it works. You are as a Mauritian citizen not entitled to apply for residence or work permits in Germany after you have entered the country as a tourist. If you have been told so by your future employer, you should seriously consider if they have tried to frame you into coming to Germany as a tourist, just to work here illegaly. – jarnbjo Jan 19 '17 at 14:37
  • I doubt that the police officer would try to frame me as well... He told me that if i was as a tourist already in germany and then i would be able to change the status of my visa from within germany. – user2707590 Jan 19 '17 at 15:09
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    @user2707590 A police officer can easily be wrong, misinformed or possibly embellish things to calm you down. The rules are quite complicated and there is a number of exceptions depending on citizenship, the type of residence permit and other circumstances. So maybe some details of your situation weren't communicated clearly at some point in the chain or your employer did not realise how your situation differed from that of other foreign employees they had before… – Gala Jan 19 '17 at 17:39
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    It's also true that the reasons given to deny entry makes no sense at all from the perspective of the Schengen regulations (even though German law explicitly specifies that you should be denied entry in this case). But none of that helps you in practice and, as jarnbjo explained, the rule is still that you are generally supposed to get a visa if you want to get a residence permit even if you are allowed to enter without a visa for short stays. – Gala Jan 19 '17 at 17:40
  • @user2707590 I suspect that "foreign office" is a mistranslation of Ausländerbehörde, which is perhaps better translated as "foreigners' office." Jarnbjo: "If you have been told so by your future employer, you should seriously consider if they have tried to frame you...": this seems needlessly alarmist. A far more likely explanation is that the foreign workers from Annex II countries they've hired in the past have been from those Annex II countries whose nationals can apply for a work permit in Germany after having entered without a visa. – phoog Sep 16 '19 at 12:53
  • @phoog This question is now more than 2 years old and I am not sure of the point in continuing a guessing game in the comments regarding how this situation arose. However, if the future employer allegedly already had setup a meeting with whatever authority, this whatever authority should and very likely would have immediately informed the employer that a Mauritian citizen just can't show up at an office in Germany to apply for a residence and work permit. – jarnbjo Sep 16 '19 at 13:12