My fiance and my children was granted asylum 3 years resident permit each, i was given rejection and i already make an appeal. I want to apply for a residency through my 2 do i go about it as my fiancee and my 2 legal children are a holder of a blue passport with 3 years residency permit from the Government. please advice as i am about to start the proceeding without any knowledge.. #Advice
asked Oct 8, 2017 in Asylum proceedings by Gago
Hallo @Gago have you finally gotten your residents permit? We didn't get any update so far from you..

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1 Answer

+1 vote
Hello @Gago - welcome to our community!

If your asylum application ends with a negative result there is still a chance for you to get asylum through your children - even if you are not married to your fiancé and if your children are illegitimate. In this case it is important that you do a so-called “Vaterschaftsanerkennung” (acknowledgement of paternity) and that you prove that you take care of your children (child custody). This way you can get a so called “Aufenthaltserlaubnis zur Personensorge”. The source that I found recommends to get in touch with an experienced lawyer or a counseling center to check if it works in your specific case though.

For further information about this topic please also check out the following link. We discussed a similar topic there:

Source (German language):

If your appeal ends with a negative result and you get deported, chances to get here through family reunion are quite low. Usually it is possible for children under 18 that are recognized refugees to get reunited with their parents (if they didn't flee with them). But as far as I found out this only works if none of the parents are here yet. In your case the mother is already with the children which probably builds ground for Ausländerbehörde to deny family reunion.

Source (German language):

I hope this answer was helpful to you.

Maybe @Marcel and @Steven can add some information.

Best regards,
answered Oct 10, 2017 by Thor
Thank you so much for your letter, i have also read the aboved laws from the link you sent above..first i will explian better again for you to understand if what i am saying is right for me to get the AUFENTHALT...My fiance and I came to Germany through asylum process from Greece. we are both of the same Origin..we had 2 children together and we live together.. we both went to interview together and unfortunately the result was out after 7 months and i was rejected and the mother and the 2 kids was granted with 3 years resident permit with a blue passport.
So right now i already make an appeal since February, i already have the vatterschaft and sorgorechts document with me..we live in Ingolstadt in Bavaria region but seem;s that Ingolstadt has low tolerance on assylum and AUFENTHALTS procedures. so i want to know since my kids have resident permit here and we live together and i have all the necessary paper as the rightful father of the kids. is there any blockage??... why is it difficult??..what should i do??...Can Caritas help me??...I want to work and take care of my kids..i want to care for them by working and paying their support..please advice further
As has already been pointed out, you can ask the Ausländerbehörde for the “Aufenthaltserlaubnis zur Personensorge”. Another path might be to ask for family asylum (§ 26 Abs. 3 AsylG). This request should be made not to the Ausländerbehörde, but to the Bundesamt für Migration und Flüchtlinge (BAMF). As you have already made an appeal to the Verwaltungsgericht, you now should let the Verwaltungsgericht know that you might qualify for family asylum (§ 26 Abs. 3 AsylG).
Hello @Gago - thank you for clarifying this. Unfortunately Bavaria shows a tendency to apply a strict interpretation of law. That’s probably why it’s hard for you to get a residence permit. But you can go to “Asylberatung” (asylum counseling) offered by the city of Ingolstadt to ask them how to proceed. You can follow this link for further information:
Concerning work: You are allowed to work under certain circumstances. But the Ausländerbehörde has to give their consent for every job offer that you would like to accept. They will also talk to Arbeitsagentur to ask for their agreement, but fortunately they will do it on their own and you only need to get in contact with your competent Ausländerbehörde.
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