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Agro-Thinker_90
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Can a 3-Year Entry Ban under Section 11 AufenthG be Lifted Due to University Admission and Research Invitation?

received a three-year entry ban Dec 2024 under Section 11 of the German Residence Act after an asylum rejection.
I now have admission to a Master's program at Philipps-Universität Marburg and an academic research invitation from Hochschule Geisenheim University. I have also applied for research cooperation with Johann Heinrich von Thünen-Institut.
My purpose is solely academic (study and research).
Is it legally possible to lift or shorten the entry ban in this situation? Please help me what can I do In this situation. I also apply PHD in Portugal.
Thank you.

2 Comments

Reply (2)

Agro-Thinker_90

I would appreciate any advice or guidance on this matter.

Reply
AWO_MBE_Frida

Hello @Agro-Thinker_90 ,

According to Section 11 (4) sentence 1 of the Residence Act, the entry and residence ban may be lifted or the period of the entry and residence ban may be shortened in order to protect the foreigner's interests worthy of protection or if the purpose of the entry and residence ban no longer requires it. In your situation, the following points argue in favor of a reduction:
•    Academic purpose (no family reunification, no permanent residence planned)
•    State-recognized universities and research institutions
•    Scientific added value
•    No threat to public safety (provided no criminal offenses have been committed)
•    Temporary study goal
You want to enter the country with a new, independent purpose of residence (study (§ 16b AufenthG) and research (§ 18d AufenthG). This purpose confers – if the requirements are met – a legal right to be granted a residence permit.

If you are abroad, submit an application for the suspension or reduction of the waiting period to the relevant German diplomatic mission (embassy/consulate). Enclose the following with your application:

o    Letter of acceptance for the master's program
o    Letter of invitation for research
o    Letter of motivation
o    Curriculum vitae
o    Proof of financial 

The chances depend heavily on:
•    Whether you left voluntarily or were deported
•    Whether you have any criminal convictions
•    Whether your identity has been fully clarified
•    Whether you have fulfilled any previous obligations to cooperate
If there are no security concerns, there is a realistic chance of a reduction, especially at recognized academic institutions.

Good luck and all the best. 

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