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EULawyer
EULawyer, Lawyer
Category: German Law
Satisfied Customers: 242
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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I am a 28 year old, single homosexual from India. I wish to

Customer Question

I am a 28 year old, single homosexual from India. I wish to apply for an asylum in Germany or any EU country. I am a qualified postgraduate. Is it possible?
JA: What state are you in? It matters because laws vary by location.
Customer: Germany and France mostly france because i speak french fluently
JA: Has anything been filed or reported?
Customer: No. You mean crime against me?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 4 months ago.
Category: German Law
Expert:  EULawyer replied 4 months ago.

Welcome to JustAnswer!
As your European Law expert, I am reviewing your question and will try to find a good answer for you.

Expert:  EULawyer replied 4 months ago.

Dear Sir,

Thank you for your question. The answer is that you cannot apply for asylum from abroad. You can only apply once you have reached the desired country, by some legal means, for example on a short-stay visa, at the airport.

Also, you should be careful that in Europe there is a Directive which says that asylum applications are processed in the country where the person was first registered. So, for example, if you come by KLM into The Netherlands and then go to France, your application is likely to be processed by The Netherlands, not France. Therefore, it would be useful to arrive directly in the country where you wish to make your claim.

Finally, the success of an asylum application is highly unlikely for a person coming from India, which is generally considered a safe country unless you can prove that you are personally being endangered, either by private individuals, or by state actors. Therefore, false accusations against you, threats, illegal activity by state forces, all are useful to prove the basic point of asylum, namely that by returning to your country your life would be in danger. Otherwise, an asylum application would be rejected.

You should also take into account that, once you have made the asylum application, you cannot return to your country, and it is likely that you will be placed in custody in an asylum claimants center, where your movement will be limited. There are also no earning opportunities immediately, and the claim can take over a year to be processed.

Therefore, my personal advice would be to avoid this route, unless you have concrete and immediate proof of danger to your person by remaining in your country. Otherwise, it would be best to study the possibility of applying for a long-term visa as a skilled worker or start-up, for example in France, and then request temporary, then permanent residency, by the normal channels. I am ready to respond to inquiries about that in separately paid questions.

I hope that my answer was useful and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad