AsylumWiki

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Europe ​

Visa Application ​

Most European countries are within the Schengen Area. You can apply for a Schengen visa through group tours or individual travel, but individual travel visa applications may be rejected, especially for applicants with a blank passport with no travel history. Therefore, it is crucial to prepare sufficient materials, such as a detailed travel plan and proof of stable financial status.

Financial status can be temporarily improved through loans, but the travel plan must be genuine and detailed. You need to prepare a detailed travel itinerary, including the duration of stay and activities in each Schengen country. For example, you can plan to visit one country for a few days, then move to another country, and finally return to the departure point. If you have friends in a Schengen country, you can consider asking them for an invitation letter, but be aware of the potential risks involved.

In the visa application, try to avoid disclosing your transgender identity, as this may increase the risk of rejection. Visa officers will pay special attention to the applicant's "intention to return," so pretending to be a wealthy cisgender person with a stable family and career in China will be more advantageous.

You can appropriately conceal the truth in places that are not easily audited, but you must be honest in places that are easily audited. For example, do not mention any intention to seek asylum. Transgender women can use chest binders, and transgender men should avoid using chest binders. The key is to show that you are only going to Europe for a short-term trip and will definitely return to China.

Nevertheless, tourist visas for many small European countries are not difficult to obtain. The real challenge lies in how to integrate into society in these countries, especially those that use minor languages.

Country Information ​

Germany ​

In 2022, the asylum approval rate was 23.0%. Among them, the number of applicants from China was relatively small, only 248 people, so the country-specific rejection rate may have a low sample bias. In this case, the approval rate for Chinese applicants was 69%. [1]

Relevant Websites for Germany ​

Italy ​

In 2022, the overall approval rate was 14.34%. Among them, the number of applicants from China was relatively small, only 150 people, so the country-specific rejection rate may have a low sample bias. In this case, the rejection rate for Chinese applicants was 60%.

As of July 2023, China is not on Italy's list of safe countries of origin, so it cannot use the fast-track asylum procedure (which is for countries considered relatively safe with not very high approval rates), and the regular procedure will take longer.

Process ​

  1. Asylum applications can be submitted at the border police or within eight days of arrival at the provincial immigration office (Questura) within the country, where fingerprints and photos will be taken. For valid reasons, requests can even be submitted after this date. [2]
  2. When submitting the application, if available, a passport should be presented.
  3. The police will quickly forward the application, including the necessary documents, to the competent territorial commission for the recognition of refugee status, which will decide whether to grant refugee status.

Possible Outcomes ​

Only for serious reasons of public policy or national security can a permit holder be expelled, but refugees cannot be expelled to a country where they may be persecuted or sent to another country where they would be protected from persecution.

In Italy, the situation is chaotic and difficult, with over 120,000 places in reception centers: divided between government collective centers (CHAR); centers of the System for the Protection of Asylum Seekers and Refugees (SPAR); and finally, special and temporary structures scattered throughout the country. The residence time in these centers ranges from six months to a year.

Asylum seekers can appeal the negative decision of the territorial commission to the competent civil court within 30 days. According to Decree No. 13/2017, there are specialized courts responsible for reviewing asylum appeals, and applicants have the right to stay in the national territory during the appeal.

Relevant Information for Italy ​

France ​

The total rejection rate in 2022 was 72.6%[3].

If you have already entered the country, go to the local SPADA (first reception center for asylum seekers) for pre-registration. In Paris, you need to contact Ofii (French Office for Immigration and Integration). Then, you need to register your asylum application at GUDA (Unified Asylum Service Point). Next, you need to fill out the asylum application form and send the documents to OFPRA (French Office for the Protection of Refugees and Stateless Persons).

If you are not in France, theoretically, you can apply for an asylum visa from the local French consulate, but this is unlikely in China. Alternatively, you can make a request at the French border crossing point to obtain a temporary visa for up to 8 days to apply for refugee status.

Demande d'asile Asylum Application (French)

References ​

  1. 2022 German Refugee Statistics - BUNDESAMT FÜR MIGRATION UND FLÜCHTLINGE Federal Office for Migration and Refugees ↩︎

  2. The law stipulates that the application should be submitted within 3 days after expressing the intention to apply—6 days if the intention is expressed at the border. If there are many people, the deadline can be extended to 10 days. However, in metropolitan areas like Milan, Rome, and Naples, asylum seekers can only submit their applications after several weeks or even months. ↩︎

  3. The first data on asylum 2022 at Ofpra is available [Provisional figures] ↩︎