In the case of Sedia Kijera, the district administration had to assess how a conviction for illicit trafficking in marijuana should be evaluated. Kijera had received this five years ago; it was only later that he began a one-year training course as a care assistant at the Awo nursing home in Kirchheim. Such a conviction can be interpreted as an interest in deportation. However, as the experts from the Aliens Department assess his resocialization and integration positively, there is no interest in deportation due to existing criminal offences. This fulfills a decisive criterion when it comes to issuing a visa for the nursing assistant who has left for The Gambia. Nevertheless, once Kijera has applied for the visa and the diplomatic mission abroad has obtained the approval of the Ludwigsburg District Office, the authorities must still check whether the other requirements, such as a secure livelihood or the existence of a passport, are also met.
Kijera had entered Germany illegally. His asylum application was rejected and he had to leave the country following the decision of the Karlsruhe Regional Council, which is responsible for such cases. The petitions committee of the state parliament had also rejected a corresponding application. From his home country, Kijera now has the opportunity to catch up on the visa procedure and enter the country legally. The foreigners authority of the district office is involved in the visa procedure, which is why representatives of Awo contacted the district administration. The final decision on whether to issue a visa is made by the respective German diplomatic mission abroad. The basic requirement for granting a visa is that there is no interest in deportation. This was checked in advance by the foreigners authority of the district office. The decisive factor here is that the applicant's stay in Germany poses no danger. It plays an important role here whether the applicant has complied with the law during their previous stay in Germany.
A so-called accelerated skilled worker procedure does not currently apply to Kijera. This allows the employer to expedite the visa procedure. However, the prerequisite for this is qualified vocational training with a statutory training period of at least two years. However, the duration of training as a care assistant is only one year.
