Germany Visitor Visa: Asylum with Spain Schengen

"If you hold a Schengen visitor visa issued by Spain and you enter France or Germany directly, you technically can apply for asylum, but your application will likely not be processed there — it will almost certainly be transferred back to Spain under EU asylum law (Dublin Regulation).

Here’s how it works in detail:

1. The Dublin Regulation – Who is responsible

Under the Dublin III Regulation, the first EU country that:

issued your visa, or

took your fingerprints (for example, through a visa or border control),

is responsible for examining your asylum application.

So if your Schengen visa was issued by Spain, Spain becomes the responsible country for handling your asylum claim — even if you physically apply in Germany or France.

2. What happens if you apply for asylum in Germany or France

When you apply for asylum in Germany or France, authorities will check the Eurodac system (a shared EU fingerprint database).

They will see that your visa or fingerprints are from Spain.

You will then likely receive a Dublin transfer decision, meaning you will be sent back to Spain to complete your asylum process there.

This process can take several weeks or months, depending on case workload and appeal options.

3. Exceptions — when another country may take your case

In rare situations, Germany or France might process your asylum claim instead of transferring you, such as:

You have close family members (spouse, child, or parent) legally residing in that country.

Spain fails to accept your transfer within the legal timeframe.

You are too ill to travel or face exceptional humanitarian circumstances.

4. Important to know

Applying for asylum while holding a visitor visa cancels your visa immediately.

You cannot return home or travel freely while your asylum case is under review.

Providing false travel details or destroying documents can harm your credibility.

If you overstay or refuse transfer to Spain, you could be detained until deportation.

5. What you should do

If your goal is asylum or protection, it is best to:

Apply in Spain, since they issued your visa and are responsible under EU law.

Seek help from a legal aid organization or refugee support NGO to understand your rights before moving to another EU country." Can you seek asylum in Germany with a Spain Schengen visa? Understand Schengen entry rules, asylum laws, and potential legal implications.