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Good evening every one,please I ask a question last month about my self and my wife,I and my wife have a Duldung ausweis since last year after our asylum was rejected,but this year my daughter was granted positive by BAMF,national deportation ban called abschiebung verboten  in Deutsch and she was granted a new status called Aufenthalstitel now,and I ask the question here if I and my wife will also be given the same status as our daughter because she's still a minor child,and Nilab answered my question that yes we will also be giving the same status because she's not up to 18 years,but up till now when I ask at foreign office they said is not automatic to grant us the same status like our daughter,now our daughter is using Aufenthalstitel while I and my wife are still using Duldung,is it right?,please I will be glad to hear an accurate answer with quote.thanks in advance
asked Dec 11, 2018 in Legal advice by Eddy | 438 views

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1 Answer

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Dear @Eddy, Thanks for reaching out to us again and I'm sorry to hear your situation hasn't changed much since last time. Let me link @Nilab to your question, as she has answered your previous questions and knows more about your situation already. Have you already gotten in touch with the BAMF and the Ausländerbehörde in written form (sending a letter)? As Nilab explained in her previous answer, it's a necessary step you would need to take in order to get the same title as your daughter. However, Nilab can maybe provide more insight here. All the best, Isa
answered Dec 13, 2018 by Isa
Thank you @Isa for your quick answer,I and my wife fill application for Aufenthalstitel and it was rejected,and they said the reason is because my daughter's own is not yet ready,but now we receive her Aufenthalstitel this week,I want to know if we can apply for it again or we still have to wait,because my daughter have her travelling document and her resident permit card this week,I don't think we need to write a letter to BAMF again,because we went to Diakonie and they ask ausländerbehorde who will decide our case they said is them and not BAMF,But my question is that is it not automatic for I and my wife to receive the same status like our daughter?
Dear @Eddy, congrats that you finally got the card for your daughter. As for your further question: 1. usually the Ausländerbehörde does only do what the BAMF tells them( Ausführende Behörde), therefore as mentioned before you have to get in touch with the BAMF. 2. As it is such an important matter it isalawys good to do it in written I hope this clearifies things more, if you need further assistance please do feel free to reach out to us. Best regards, Nilab
Thanks for your reply @ Nilab,but i thought its auronatic for we the parent to be grant a resident permit because our daughter is just a minor 3 years of age and we live together up til date,I was thinking is of no use to ask them by a written form because they already knows our stand as the parent,and secondly by taking a lawyer will be so expensive for us,I thought it's automatic for we the parent to have a resident permit?,I will be glad to hear from your again,thanks in advance @ Nilab
Dear @Eddy, welcome! If you cannot take a lawyer the best would be to write a Letter to the BAMF, send a copie to the Ausländerbehörde. In your specific case would be could to go to the BAMF and hand it in personally and get a stamp as a confirmation that you have handed it in. In general nothing is automatic you have to still hand in an application that you seek the same Aufenthaltstitel as your minor daughter. I hope this clarifies things, if you need more information please feel free to address them here. Best regards, Nilab
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