Paragraph 25b

Question

I applied for paragraph 25b, and the Ausländer asked for my int'l passport, Arbeit vertrag, Kinderschulebescheinigung, leben in Deutschland, a minimum of A2 certificate $ also from my wife.I submitted all the requirements since December last year, my wife couldn't get these requirements due to childbearing(twice). We've Duldung, one of my sons has no Duldung becos his asylum is still active,unfortunately, he got a negative decision on friday, May 3rd, our lawyer said we shouldn't appeal the decision.  My questions; Is it right to appeal it? Can they deport us while our application, according to paragraph 25b,is on? Does appealing the negative decision of my son help delay deportation plans against us? Is my wife inability to provide her requirements the reason why the Ausländer is delaying our application?

Answer 1

Hi @paulo1976

We cannot provide legal advice. You have received legal advice from your lawyer and so I am not in a position to advise on that matter.

I presume your wife does not have A2 and the Leben in Deutschland. For now, you and your children will be issued with 25b. You wife will remain with a Duldung. I see no reason for your application to be delayed for that reason.

In theory, a deportation could take place if the original reason for a Duldung (your son’s ongoing asylum case) was gone. But in my view, your application for 25b would have to first be fully assessed and rejected before this would be an option. But again, your lawyer will be far better able to advise you on this than me.

Best,

Éanna

Comments

Thank you so much for the immediate response to my message. I have gone to the court myself to make an appeal against the negative decision as regards my son's asylum case.