You may assume that moving to Germany with a criminal record would be impossible, or that foreigners who commit a crime while living in the country would lose their residency.
It is true that having a criminal record can result in a foreigner’s residency application being denied, but it’s not always the case.
Generally minor crimes including misdemeanours and less serious non-violent offences rarely result in someone being barred from entering or moving to Germany, whereas violent crimes or those that result in longer-term prison sentences could prevent you from entering the Schengen Area.
Entry prohibited for credible threats to public safety
Germany, and other Schengen Area member states, have a relatively relaxed approach when it comes to allowing people with criminal records to cross their border – at least when it comes to minor offences like traffic violations or misdemeanours.
As opposed to the US, which may deny entry to foreign citizens with any type of felony on their record – like a driving infraction, for example – minor felonies won’t necessarily prevent you from entering or obtaining a residency visa in Germany.
However, serious crimes may be reason enough to block a foreign national from entering Germany at all, even as a tourist.
According to ETIAS rules, which will soon define entry requirements to the Schengen zone, foreign nationals could be blocked from entering if they are deemed to be a credible threat to public safety.
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People with a criminal record related to violent crimes, terrorism, sex crimes, drug trafficking or human trafficking can expect to be blocked for this reason, even if they’ve already faced the legal consequences. Also, German authorities reserve the right to deport people with these kinds of crimes on their record even if they have already entered the country.
But if significant time has passed since your conviction – usually at least 10 years in felony cases – there is a chance that you could be allowed to enter and reside in the country.
How does a criminal record affect my visa application?
After legally entering Germany, whether or not you qualify for longer-term residency is determined by acts 53-54 of the German Residency Act (Aufenthaltsgesetz).
According to information published by the law firm Schlun & Elseven Rechtsanwälte, it’s generally only major crimes involving violence, sexual offences and terrorist activities that are considered a serious enough concern to block a residence permit application.
Similar to the rules regarding entry to Germany, in some cases even these types of offences can be overlooked–such as if 10 years have passed, pending review by the relevant authorities.
But generally, felony offences which resulted in a prison sentence of three years or more and drug offences that resulted in a prison sentence of two years or more, make foreigners ineligible for German visas.Â
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When it comes to minor, non-violent offences, these are less likely to result in a residence application being denied. But the type of crime, when it was committed and the sentence given are all important factors that may ultimately influence the official decision.
For more serious offences, such as those that resulted in a prison sentence, you may want to seek legal assistance from an immigration lawyer.
Exceptions and things to keep in mind
In some cases other factors can also influence the immigration office’s decision.
For example, visas for foreign nationals coming to Germany for familial reasons – such as to live closer to a spouse or parents who are German citizens – may be granted a little more leniency.
Again the nature of the crime and how long ago it was committed can be influencing factors.
Also, note that it’s best to be honest in your application and your communication with German officials. Germany is known to be quite strict when it comes to applicants lying about their criminal record, or on their residency applications, and if you are caught misrepresenting yourself on an official application it could result in being barred from residency.
German authorities would have access to any criminal convictions within Europe through the European Criminal Records Information System (ECRIS), and serious crimes in other countries can be included in Interpol’s database, which can be checked by immigration officials by scanning your passport.
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