Residence, asylum and expulsion

The most important thing is that you share your case with us.

We go through the case and map out which evidence is needed, and where it can be obtained.

We also hold a range of reports on your home country – on conditions there, culture and religious customs – that can support your account. Such reports are relied on by asylum authorities and courts in Europe. Your story is then not merely a statement, but a statement backed by reports from recognised European bodies such as the EUAA and Landinfo.

The rules

• Responsible country which state examines your claim is decided by the rules, not by you. Regulation (EU) 2024/1351 has replaced Dublin III for new applications; older applications still follow Dublin III. The criteria apply in a fixed order – unaccompanied minors, family in Europe, visa or residence permit, education – and the country of entry comes last.
• Always tell us family in Europe, whether you are a minor, and any earlier visa, residence permit or studies in a European country. This can change which country becomes responsible.
• ECHR Article 3 absolute protection. No one may be returned to torture or to inhuman or degrading treatment.
• The protection covers mental health the threshold also applies to serious mental illness (Savran v. Denmark, Grand Chamber 2021). It is high: there must be a real risk of a serious, rapid and irreversible decline in health resulting in intense suffering or a significant reduction in life expectancy.
• The protection covers danger from private actors Article 3 also applies where the danger comes from private persons or groups. The condition is that the risk is real and that the authorities in your home country cannot give you adequate protection (H.L.R. v. France 1997, confirmed by the Grand Chamber in J.K. and Others v. Sweden 2016).
• The standard of proof you do not have to prove the danger is more likely than not. A real risk to life and health is enough – but a merely remote possibility is not. Reasonable doubt should be resolved in your favour.

A refusal is not the end, but the deadline decides. It runs from when you received the decision – not from when you understood it. A refusal is often followed by a departure deadline and a notice of expulsion. They are two different things, each with its own deadline.

What we do

• We read the decision and establish exactly which deadline applies
• We write the reply to the notice and request suspensive effect
• We write the appeal and follow it to a decision – with a lawyer in court

The rules

• The appeal goes first to the appeals body. If the refusal stands, the case can go on to the courts.
• Length Return Directive Article 11(2) says the entry ban is determined with regard to all relevant circumstances of the individual case and shall in principle not exceed five years. It may be longer only where you are considered a serious threat to public policy or security.
• The length can be challenged the European Court of Human Rights requires the authorities actually to assess how long the ban should last and to weigh it against your family life. A permanent ban that cannot be reduced, imposed without such an individual assessment, has been found contrary to Article 8 (Maslov v. Austria 2008, Savran v. Denmark 2021).

Whether the permit has actually lapsed depends on the country and the type of permit. The limits range from six months to several years. A missed deadline does not automatically mean the case is lost. Short visits and circumstances beyond your control can change the calculation.

The rules

• Germany every permit – including the permanent Niederlassungserlaubnis – lapses after 6 months abroad, unless the authority has set a longer period. The 12-month rule belongs to EU long-term resident status and counts absence from the EU, not from Germany.
• Denmark 6 months abroad – 12 months if you hold a permanent permit, or a permit that can become permanent and you have lived lawfully in the country for more than two years. The permit also lapses if you give up your residence.
• Netherlands the permit can be withdrawn if the IND considers that your main residence has moved out of the country. How long you may be away depends on the type of permit you hold.
• Sweden if you are away for more than a year, the Migration Agency may revoke the permit. You can notify them in advance to keep it – the notification must be in at least one week before you leave.
• Norway a permanent residence permit lapses after two continuous years abroad – or after stays totalling two years within four years. Apply before you pass the two-year mark.
• EU long-term resident status lost after 12 consecutive months outside the EU. Several countries allow longer absences. The status does not apply in Denmark, Ireland or Norway.

Case law and exceptions

• CJEU, Case C-432/20 (20 January 2022) any physical presence in the EU during the twelve-month period interrupts the absence – a few days are enough. The judgment concerns EU long-term resident status, not national permits.
• Germany if you hold a permanent permit and have lived lawfully in Germany for at least 15 years, it does not lapse when you leave – provided your livelihood is secure and there is no ground for expulsion. You can also ask for a longer re-entry period before you travel.
• Sweden if you notify the Migration Agency at least one week before departure, the permit can stand for up to one year – for certain researcher permits, two.

In most countries you can apply to keep the permit – but the application usually has to be filed before you leave. If the deadline has already passed, the case is not necessarily lost: the authorities must notify you before deciding, and the decision can be appealed.

An entry ban does not necessarily close every door. It can be shortened, lifted – and in some cases you can still get a visit visa.

What we do

• We obtain the decision and establish how long the ban runs
• We assess grounds for withdrawal, shortening or a limited-validity visa
• We prepare the documentation on ties, health or other weighty circumstances

The rules

• Length Return Directive Article 11(2) says the entry ban is determined with regard to all relevant circumstances of the individual case and shall in principle not exceed five years. It may be longer only where you are considered a serious threat to public policy or security.
• Lifting the ban Article 11(3) offers two routes. On humanitarian grounds a State may refrain from issuing, withdraw or suspend an entry ban in an individual case. For other reasons a State may withdraw or suspend a ban – in individual cases or for certain categories of case.
• A visit visa may still be possible Visa Code Article 25 allows a State exceptionally to issue a visa with limited territorial validity – on humanitarian grounds, for reasons of national interest or because of international obligations – even where the entry conditions are not met or there is an alert in SIS. As a rule the visa is valid only for the issuing State, and the decision rests with that State.

Family ties, serious illness or death in the close family, your own medical treatment, court hearings or other weighty practical reasons can support such an application. It is not automatic – it must be applied for, documented and argued.