Applying for asylum in an EU country after visiting another EU country
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From my reading, it appears that Country A would be responsible for evaluating an asylum application in this scenario, unless a certain amount of time had passed after the expiration of the documents permitting the work/study/tourism.
Article 12 of the Dublin Convention states:
- Where the applicant is in possession of a valid residence document, the Member State which issued the document shall be responsible for examining the application for international protection.
- Where the applicant is in possession of a valid visa, the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas (14). In such a case, the represented Member State shall be responsible for examining the application for international protection.
...
- Where the applicant is in possession only of one or more residence documents which have expired less than two years previously or one or more visas which have expired less than six months previously and which enabled him or her actually to enter the territory of a Member State, paragraphs 1, 2 and 3 shall apply for such time as the applicant has not left the territories of the Member States.
(Paragraph 3 describes what happens if an applicant has permits/visas from more than one country.)
So if someone has a residence permit or a valid visa for Country A, then Country A is responsible for evaluating that person's asylum applications. Country A's responsibility continues if the applicant stays in the EU after their documents expire (i.e., if their residence permit in A has expired and they then travel to country B), for a period of two years for residence permits and a period of six months for visas.
Finally, these criteria can be superseded if the applicant is a minor, or has family members who have received or are applying for asylum in a country other than Country A. See Articles 8–11 of the Dublin Convention for details.
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