Why is visiting your country of origin a legal risk?
The core reason a person receives asylum or protection in Germany is that they face a risk in their country of origin (persecution, war, torture, etc.). If that person voluntarily returns to the same country, it undermines the essence of the claim and is often legally interpreted as follows:
There is no longer a risk.
The German authorities were misled.
Protection may have been obtained based on incorrect or incomplete information.
What do German laws provide?
Under German asylum law (including § 73(2) AsylG), the Federal Office for Migration and Refugees (BAMF) may:
revoke protection (Widerruf) if the original reasons for protection no longer apply,
withdraw/annul protection (Rücknahme) if it is proven that protection was granted based on false or incomplete information.
In many cases, visiting the country of origin can be sufficient grounds to review and potentially revoke protection—especially if the trip was:
made using the passport of the country of origin,
connected to the country’s embassy (e.g., passport renewal or marriage procedures),
long or not convincingly justified (visiting relatives, economic reasons, etc.).
Who can be affected?
This can affect holders of:
political asylum (Asylberechtigung),
refugee status under the Geneva Convention (Flüchtlingsschutz),
subsidiary protection (Subsidiärer Schutz).
All these categories can be subject to review and potential loss of protection after travel to the country of origin, with procedural differences depending on the case.
What happens if protection is withdrawn?
The current residence permit may be cancelled.
BAMF issues a new decision withdrawing/denying protection.
The status may be changed—often—to tolerated stay (Duldung) on a temporary basis.
In some cases, deportation proceedings may start.
You may lose pathways such as family reunification or naturalisation, especially if you were close to the final steps.
Rare possible exceptions
Protection may not be withdrawn if it can be proven that the visit was:
due to compelling circumstances (e.g., a funeral, severe illness, helping a close family member in immediate danger),
made with permission from the Ausländerbehörde (very rare),
very short, clearly explained, and without contact with the home country’s authorities.
Even in such cases, there is still a risk of review by BAMF.
Can the authorities discover the visit?
Yes, through multiple channels, such as:
entry/exit stamps in a passport or travel document,
information shared by other countries (especially during border crossings),
checks during residence extension or citizenship procedures,
reports or investigations in other legal matters.
What to do if protection is withdrawn?
File an appeal before the Administrative Court (Verwaltungsgericht) within the legal deadline (often 2 weeks).
Contact an asylum-law specialist lawyer immediately.
Provide strong written reasons and evidence for the trip and prove that the risk in the country of origin has not ceased.
Important tips
Avoid using your home-country passport after recognition and avoid embassy services.
Do not travel to your country of origin unless your protection status has ended and you have a different, stable residence basis.
If travel is unavoidable, seek legal advice first and document humanitarian/medical reasons thoroughly.
Summary
A protected person’s visit to their country of origin may be treated as evidence that the danger no longer exists, allowing authorities to revoke protection and residence rights and possibly initiate deportation measures. This step should never be taken lightly—even if the reasons are humanitarian or personal.
— The site’s authors and editors strive to provide accurate information through extensive research and by consulting multiple sources. However, errors or unconfirmed details may occur. Please treat this as an initial reference and always consult the competent authorities for confirmed information.
