Expulsion interest for a non EU national

11 posts in this topic

Hello fellow TTers, I am a new member but I have been lurking around for a while as a guest. I have a question regarding the expulsion or Ausweisungsinteresse, might be a wall of text but bear with me please. I will try summarize as best as I can.

 

So me and my wife came to German September 2017. We both started working, we have residence permits bound to our contractors. We are both non EU citizens (we come from Serbia). It all went well until the start of 2019 when I started my new job as a delivery guy, was driving meds and the follow up equipment. Shortly after my start the criminal police came to our warehouse and controlled every exiting vehicle and its driver. There comes my problem because I had a Serbian drivers license which was apparently no longer valid in Germany. I sadly did not know the law and had no problem when I was previously controlled by police. I already applied for a transfer of my license and it was in process. They told me I can't drive anymore with my old license and I will probably get a fine, the same day me and my boss drive over to the district office and lo and behold my license was done and ready for pickup but they forgot to inform me. Ok no problem, I could continue working which was good, my boss informed the police about it but they just laughed it off. Some time later like end of August 2019 I got a letter while I was in Vacation. The letter was about a huge ass fine of 2000 Euro for the incident. I was pissed but I knew I was at fault for not knowing the law and I paid it. Few months later I get an order from the district office that I have to do an MPU test. I was at a loss, why do I have to do it, no drugs no alcohol no previous fines or points no nothing. But ok I do the test and fail because I had no preparations beforehand and the psychologist wasn't interested in me because I didn't do them. I lose my license and my job February 2020, I luckily start receiving unemployment benefits and start searching for a job. Corona started at that point so it was almost impossible to find any work. Another thing is that I didn't know that I had the right to request a residence permit where I can change jobs as I need, without having to wait for a confirmation from the job agencies or whatnot. But I finally found a job and made a request at the district office to prolong my residence permit and that I found a new job and they reply with an email that because of the fine that I paid a year ago, there exists an expulsion interest (Ausweisungsinteresse) and therefore they can't prolong it anymore. After that they went dead silent, no responses no nothing. I am in the process of looking for a lawyer to help me with this, there is some legal help in Münich and I got an appointment next week for free but I am at a loss here. I know I made some mistakes but can they really just write me off like that? I have my wife here, we need to pay for this apartment and we have a credit for our car, they are just gonna destroy us like this with no opportunity to do something or right the wrong? Does anyone here have any experience with this sort of thing? Sorry for the wall of text but I am desperate right now and I don't know what to do.

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26 minutes ago, Khanate said:

no responses no nothing.

What does nothing mean? Does it include filing an objection? I´m no expert but what I´d do is object in order to not miss any deadlines (if there are any, which I don´t know). At the very least I call and ask whether there is a deadline and what legal means are at your disposal.

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I sent an objection to the district office in letter, I also called them and the woman with whom I spoke to knew of no alternatives (she is the one that sent me the email), she pretty much acted like she doesn't know what to do next the interest just exists and she can't help me. I wrote an email to them as well where I asked on what my options are and what we are supposed to do, I got no answer to that either. I just don't understand why it took them a year to inform me of such important information, my current residence permit is gonna run out and I won't be able to stay anymore, maybe 3 more months as a tourist with my wife but no more than that.We don't even have time to organise ourselves for anything. That is why I am trying to get some legal help, I asked for legal assistance from the district court as well, I am waiting on their response.

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Perhaps your former boss could write a letter on your behalf stating that you were a good honest reliable worker and the company needs you. Can the Serbian Embassy help you in any way?

BTW: Your English is excellent. If all else fails .... 

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50 minutes ago, White Rose of Yorkshire said:

Perhaps your former boss could write a letter on your behalf stating that you were a good honest reliable worker and the company needs you. Can the Serbian Embassy help you in any way?

BTW: Your English is excellent. If all else fails ... 

My old boss even wanted to pay me for my next MPU test so I can drive for him again. But with the onset of Covid 19 and all the problems that followed we never did it. I tried contacting the Embassy sadly I got no answer from them, they almost never pick up the phone (I assume due to the C19 thing) and they seldom respond to email inquiries. I am still trying to get in touch with them somehow.

Heh thank you for your comment, I appreciate it. :)

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What about calling and ask whether they could give you a Fiktionsbescheinigung (based on your objection or maybe if you filed a new application) to buy some time?

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17 hours ago, Khanate said:

I just don't understand why it took them a year to inform me of such important information...

I suspect the case worker just let your case languish in a corner because it was difficult to deal with... that is the unfortunate reality in administration where the (changing?) law is supposed to be implemented by disinterested and untrained staff. This is a sad, bad story, I sympathise hugely. I am having my own difficulties with the authorities who seem to make up the rules as they go along. You are going to need a lot of time, patience and persistence. Good luck.

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14 hours ago, jeba said:

What about calling and ask whether they could give you a Fiktionsbescheinigung (based on your objection or maybe if you filed a new application) to buy some time?

That is actually a really good idea, I didn't think of that. I might as well try and ask for it just for the sake of buying me some time and maybe prolonging my employment benefits because they end when my residence permit ends.

 

11 hours ago, optimista said:

I suspect the case worker just let your case languish in a corner because it was difficult to deal with... that is the unfortunate reality in administration where the (changing?) law is supposed to be implemented by disinterested and untrained staff. This is a sad, bad story, I sympathise hugely. I am having my own difficulties with the authorities who seem to make up the rules as they go along. You are going to need a lot of time, patience and persistence. Good luck.

I assume that was the case. When I finally found a job and a boss who was willing to wait for me (beginning of September) I filled for an extension of my permit and I had to wait for 3 weeks until she came back from vacation and then I practically begged and called everyday for her to check my papers because the boss couldn't wait for me forever, when she did I got the email about the expulsion interest. I was dumbfounded to say the least. I hope that a lawyer might help me somehow at least in pointing me to the right direction. But what Jeba said about the Fiktionsbescheinigung is a really good idea, I will try that for sure. Thank you for your support and insight. ^^

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I can't contribute to the topic but just wanted to say good luck! I hope the lawyer will be able to help. 

 

Did you check with your legal representative if there is anything you need to do in the meantime since your appointment is not until next week? i.e. file an objection etc.? Does it say anything about "Einspruch einlegen" in the papers you have received? Those deadlines can be quite short. 

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On 11/5/2020, 2:30:10, maxie said:

I can't contribute to the topic but just wanted to say good luck! I hope the lawyer will be able to help. 

 

Did you check with your legal representative if there is anything you need to do in the meantime since your appointment is not until next week? i.e. file an objection etc.? Does it say anything about "Einspruch einlegen" in the papers you have received? Those deadlines can be quite short. 

Hey thanks for chipping in. I actually got no papers whatsoever, only one email from the representative at the foreigners office, No deadlines no nothing just an email and after I called she basically had no information for me, she doesn't know what I can do, she "just found out" as well and was at a loss apparently. I was pretty pissed but tried to keep calm about it because I didn't want to piss someone off. I sent a letter of objection in writing and got no answer, I also wrote an elaborate email to them about what I am supposed to do all of a sudden, I can't just pack up and leave, my wife is here, car credit and whatnot, no information for a year etc but again no answer. Now my only hope is that this legal representative can provide some assistance at least in informing me of what are my options. Thank god the first meeting with them is for free so I am going to see if it provides any help.

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Just wanted to add that I pulled my criminal record information because I needed the papers for the job that I found, funny thing is there is no single thing in there! I was so happy when I saw that and yeah you can imagine what a shock this was when she informed me of the expulsion interest because of my "bad behavior" .

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