Travelling for work and refused entry to Germany

Question

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.

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.

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)

Answer 1

@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.

Answer 2

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.

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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.