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On September 19, 2022, I traveled from Germany to Denmark as a tourist. Unfortunately, I unintentionally broke some laws in Denmark, leading to my arrest. During this period, my residence permit was still valid. Due to unforeseen circumstances, the investigation took an extended period, and I ended up spending approximately 120 days in jail. Ultimately, I was sentenced to 14 days in jail, received a ban from entering the Schengen area for six years, and was deported to Germany on April 3, 2023.

During this deportation, my residence permit had expired, and I had to restart the process of renewing it. Fortunately, I successfully extended my student German residence permit on November 07, 2023, and it is valid for one year. Recently, on December 3, 2023, I decided to visit my homeland (a third country).

The immigration agent at Paris airport detained me for a longer time than usual when I was leaving the country. However, I eventually completed the exit process and made it to my flight on time.

So, when I arrived to my homeland, I began to have doubts about whether my name was in the Schengen database. Consequently, I wrote to the Danish authorities. They informed me of the following:

"Since you informed the Danish Repatriation Authority on February 1, 2024, that you have a valid residence permit in Germany, the Danish Repatriation Authority must consult with the German authorities pursuant to § 58 h of the Danish Aliens Act to clarify whether they will maintain or revoke your residence permit.

If the Danish Repatriation Authority receives a decision from the German authorities stating that they will maintain your residence permit, your registration in the SIS as unwanted in the Schengen Area will be deleted, but you will continue to have a national entry in Denmark until February 1, 2029 (inclusive of this date).

If the Danish Repatriation Authority receives a decision from the German authorities stating that they will revoke your residence permit, your registration in the SIS as unwanted in the Schengen Area will remain in effect until February 1, 2029 (inclusive of this date).

Please send a copy of your valid residence permit to the Danish Repatriation Authority so that we can begin consultation with the German authorities."

(Four weeks passed and they did not answer me because they told me that they were waiting for the German authorities to respond)

I contacted the Foreigners Authority, and they responded as follows:

"I have not yet received any information from the Danish government that would hinder your stay in Germany.

Since you have a residence permit for Germany, you can travel to Germany as usual. Please remember, however, that you must not stay abroad for more than 6 months, otherwise your residence permit will expire."

I'm unsure if I can enter Germany without any issues or if I will encounter problems upon entry. I'm concerned that the decision might be made there, and I fear that the German authorities may not fully understand the situation. I'm worried that they might confiscate my documents and send me back to my country.

I'm looking for your advice and opinions.

Best regards.

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    The best thing to do is to hire a lawyer specialist in the matter. I'm also not sure how far/expensive it would be for you to get a ticket back to Germany. My guess is that you could try to get directly to Germany before they make a decision with Denmark. Likely you will be allowed in with your residence permit, but that's far from certain. Specially without knowing the nature of the acts that lead you to jail.
    – André
    Mar 2 at 16:33
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    You should consult a German lawyer with your exact circumstances. In any case, you should consider flying directly to Germany without transit in another Schengen state.
    – xngtng
    Mar 2 at 16:50
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    Did you send a copy of your valid residence permit to the Danish Repatriation Authority? You don't state this, only that you have recieved no reply. Mar 2 at 19:07

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I have been in a similar circumstance. My ticket to Germany went through Spain and Portugal. When I arrived in Spain, they saw that I was blocked from entering the Shenghen area, and wanted to deport me back to the country I came from. They asked how I got on the plane, and I told them I had help. They didn't know I knew Spanish, so they talked with each other and said, Look, this guy is probably being deported right now from his origin country. So let's let him get on his way.

They put me in a police car, with handcuffs, and took me to the airport departing from Spain. The departures of that airport was floor 2, and the arrival was floor 1; however, they took me to a floor between the two floors, and kept me there for 11 hours. At that point, a police officer came, and escorted me to the airplane.

However, they failed to relay the information to Portuguese authorities. So when I landed in Portugal, I was a free man, until my next flight.

When I arrived in Germany, I had to go through customs again (this was due to the Coronavirus); however, showing the Blaue Karte, I was allowed in without any problems. Also, when the information processing was complete, the ban from entering the Shenghen area was also removed; however, that took almost 2 years.

So the bottom line is, until they remove your ban, it is effectively in place, and you can easily be deported if you try to enter through a country different than Germany. If you were to get deported, this would complicate the efforts in removing the Shenghen ban. However, if you enter the Shenghen area directly through Germany, there should be no problems as long as your Aufenthaltserlaubniss is valid.

p.s. be careful if you want to leave Germany while your ban is in place. I went to visit Poland while my ban was still under appeal, and on my way back, a couple km from the German border, the bus I was on was stopped, and they started checking everyone's IDs for permission to be in Poland. Luckily, they found two women who were only allowed to be in the country they were admitted to, so they took them in for questioning, and let the rest of the bus go. Otherwise, I could have gotten in trouble there as well.

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  • Thank you, Alex, for your story. Today, I landed in Germany and entered without any issues. However, I need to remove my name from SIS.
    – adam
    Mar 14 at 19:09
  • Thanks for the remark; I often wonder whether my answers are of help to the OP's; I'm glad my experience matched yours. So now you should just be careful not to cross to another Shengen country, until the ban is removed.
    – Alex
    Mar 14 at 19:27

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