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My kids are born here and have a permit of 3 years with blauc pass, what shall i do.

i was given rejection. my kids are on my tax role and i have taken care of my family for ew years without the help from the state when were Asyl. i have work for few years and paided taxes and i am still working till now. what are my chances
asked Dec 23, 2018 in Asylum proceedings by Gago
retagged Jan 4

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Dear @Gago

Thank you for reaching out to us and I'm very sorry for the wait due to the Holidays. 


When you received the rejection, did you appeal the decision? Did you receive a Duldung?
 

There are several threads on our platform that show options for asylum seekers who's claim has been rejected, here are some:

https://www.wefugees.de/801045/im-rejected-nigerian-asylum-seeker-in-germany-what-to-do-next

My appeal is rejected by the court- what can I do?

Also, here is an information site by Welcome BW  that shows your options after you've been rejected - please follow this link. It explains the types of rejection and forms of appeal, perspectives in Germany after the rejection, Duldung, and more. 

Regarding the status of your children, I found this paragraph on the BAMF website on family reunion:

"Born in Germany

When a child is born in Germany after the parents have filed an asylum application, under certain conditions, the legislature provides the possibility of a separate asylum procedure in order to protect the child. For the latter, the parents, at least one of which must still be undergoing the asylum procedure, or the immigration authority, inform the Federal Office of the birth. The asylum application is thus automatically regarded as having been filed in the interest of the newborn child. The parents can put forward their own reasons for asylum for their child. If they do not do so, the parents' reasons apply. Here too, appeals are available should the Federal Office reject the application.

Should the application be turned down, minor children will not be and may not be returned separately from their parents, also in the interest of child protection."

My sources state that parents of children who have been granted asylum/ refugee protection can be entitled to the same protection as their children, especially if they are minors and the parents have custody of them.

Just to make sure you know your rights in your case, I would advise you to consult a lawyer or a legal aid service for refugees. 

Here is a list by ProAsyl of local refugee support services. Please select the area you live in: https://www.proasyl.de/en/our-network/

Of course you can reach out to the community again, if you have any further questions.

All the best and Good Luck,

Isa

answered Jan 2 by Isa
Thank you so much or your immediate reply. I will explain again to get more information from you.

My 2 children and the mother have been granted Aufehtaltstitel 25.2Abs with a Blaupassport April 2017. I got negative February 12 2018 to leave Germany after 30 days and after 3 days i make an apeal for my Negative decision. since February 2017 till this very moment i never received any letter from the court or from anyone asking me to bring my passport. Me and my children are family, we live together and they are on my insuruance and tax role. I have work before for 20 months and now i have been working in the past 5 months. I never have Duldung i am still using my 6 months Asylvisum.  Last year August i submitted my passport to Auslanderbehorde in order for me to get my working permit which i am working since August. till this moment i never get any reply about my apeal case and also from Bundesamt. seems they have forgotten me. I have the various document of Vaterschaft and Surgoretes.    What chances do i have, i heard there is a new law about Resident Permit. I have been living in Germany since 2013 December.
Dear @Gago, Thank you very much for getting back to me so quickly! Just to clarify things: If you say that you have a "6 months Asylvisum", and you say you received it after your claim was rejected, it sounds like a Duldung according to § 60a "Vorübergehende Aussetzung der Abschiebung (Duldung)" to me. Since you say that your family received subsidiary protection, and you have the Sorgerecht (custody) of your children + acknowledged paternity, you should be able to apply for "international protection for family" according to § 26 Abs. 5 AsylG. That entitles parents of unmarried minors to receive the same status as them (certain rules apply). That means you would also receive subsidiary protection and a residence permit. This is from a German source from Flüchtlingsrat Niedersachsen undr "Internationaler Schutz für Familienangehörige": https://www.nds-fluerat.org/leitfaden/10a-fluechtlinge-mit-aufenthaltserlaubnis-nach-25-abs-2-satz-1-alternative-2-aufenthg-subsidiaer-schutzberechtigte/10a-1-aufenthaltsrechtliche-situation/ Please also note what the BAMF source (from my previous answer) is saying about family protection and subsidiary protection: "As of 1 August 2018, family reunification from immediate family members to beneficiaries of subsidiary protection will once again be possible. However, this will be limited to a quota of 1,000 people per month." Please have another look at the sources I linked. Also, it would be a good idea to contact a lawyer or a refugee support service in your area to help out and have another look at your case, especially since you want to stay with your family and haven't heard from Ausländerbehörde in so long. Regarding the new immigration law, here is a thread where I explained to whom it applies: https://www.wefugees.de/803150/does-the-new-immigration-law-affect-rejected-asylum-seekers?show=803150#q803150 All the best, Isa
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