Deggendorf: Immigration authorities are investigating hundreds of students for forged landlord confirmations

A letter from the immigration office or a summons from the police is an absolute nightmare for international students and young professionals . Events are currently unfolding rapidly at the Deggendorf district office : The authority is investigating hundreds of international students accused of submitting forged landlord confirmations or incorrect rental agreements when applying for their residence permits. Those affected face not only criminal proceedings for forgery or providing false information, but also immediate deportation and thus the abrupt end of their academic and professional careers in Germany.

Many people, due to a lack of knowledge or the extremely tight housing market, fall prey to unscrupulous sub-landlords or agents and thus, through no fault of their own, find themselves targeted by law enforcement. Those who react incorrectly risk the immediate revocation of their residency permit.

Why is the Deggendorf immigration office currently sending out masses of hearing notices?

The current wave of investigations stems from a complex case involving sham rental agreements and forged documents. According to investigators, numerous students were provided with documents to falsely claim an official address. Immigration authorities – particularly the Deggendorf district office – are now using this suspicion to take decisive action. In many cases, case workers are not even waiting for the outcome of the criminal investigation. Instead, they are directly sending out letters regarding planned deportation and the revocation or denial of residence permits. The authorities often argue rigidly that there is a serious public interest in deportation under Section 54 Paragraph 2 Number 8 of the German Residence Act (AufenthG) because false information was provided during the visa or residence permit application process.

How do students and young professionals get caught in the tension between criminal law and immigration law?

Those affected find themselves in an extremely dangerous legal dilemma. In criminal law, the fundamental principle is that no one is obligated to incriminate themselves ( Nemo tenetur ). Accused persons have the right to remain silent. However, the situation is entirely different in immigration law: According to Section 82 Paragraph 1 of the German Residence Act (AufenthG), foreigners have a far-reaching duty to cooperate . Anyone who simply remains silent or refuses to provide a statement to the immigration authorities risks having this interpreted as a self-serving excuse and ordering deportation based solely on the file. Purely tactical silence in immigration law almost always leads directly to deportation. Nevertheless, no hasty confession should be made in immigration proceedings that could be used as evidence against the client in criminal proceedings. As a law firm, we meticulously examine each individual case to determine whether there are plausible and verifiable explanations for the discrepancies – for example, if clients themselves have fallen victim to unscrupulous housing agents. If the situation is unclear, we strongly urge the authorities to ensure that the outcome of the criminal investigations is awaited before a decision regarding residency rights can be made.

Is there even a punishable false statement if intent is lacking?

Immigration authorities often make blanket assumptions in their hearing notices that the individuals concerned acted intentionally and deliberately deceived the authorities. However, this is by no means always the case. Many international students and prospective skilled workers , facing acute housing shortages, end up with sub-landlords or agencies that issue them seemingly legal rental agreements and landlord confirmations in accordance with Section 19 of the Federal Registration Act (BMG). If the applicant acted in good faith, believing the documents to be legitimate, the necessary subjective element (intent) is lacking . Without intent, the charge of intentional deception under Section 95 Paragraph 2 No. 2 of the Residence Act collapses. The authorities cannot impose deportation orders automatically but must consider the individual degree of culpability. Deportation without proof of intent is unlawful. This is precisely where we focus our efforts: to demonstrate errors of discretion on the part of the authorities and to utilize their discretionary powers in favor of our clients.

What should those affected do now to save their residency permit ?

If you have received a hearing notice from the Deggendorf immigration office or a summons from the police, you must act immediately. Ill-considered statements made to the authorities are almost impossible to correct later.

• Do not make any statements: Do not make any statements to the police or the immigration authorities regarding the matter without prior legal counsel.

• Requesting access to files: Only by fully reviewing the investigation file can it be determined what evidence the authorities actually possess.

• Adhere to deadlines: The deadlines set in the hearing notices are short. Failure to meet a deadline can lead directly to the enforcement of the deportation order.

Conclusion: Individual legal protection strategy instead of hasty concessions

Investigations by the Deggendorf immigration office demonstrate how quickly international students and young professionals can find themselves embroiled in life-threatening legal proceedings due to complex tenancy agreements. The accusation of forging a landlord's confirmation of residence is serious, but by no means an automatic death sentence for their stay in Germany. Since the authorities often act rashly and do not await the outcome of criminal proceedings, a well-founded legal intervention—specifically, a clear distinction between criminal and administrative law and proof of a lack of intent—can frequently prevent the loss of one's residence permit .