Hello. I got informed by lawyer that Auslanderbehorde want to reject my Aufenthaltserlaubnis application and want me to go back to my country and get visa and come back. But my lawyer said if we get a paper from physiatrist that I am mantally so worried etc. As truly I am. Is that will work? Let me know thnx
asked Jan 28, 2019 in Legal advice by Kevinreed00131

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Dear @Kevinreed00131,

Thank you for reaching out to us again and for updating us on your situation.

If I understand your case correctly (also from reading through previous threads of yours), the problem seems to be that you entered Germany illegally. As one of my sources states, spouses of people from "third countries", who want to live with their married partners in Germany only receive a residence permit or residence card, if they traveled to Germany legally (on a visa) and haven't been asked to leave or deported. 

Source Section "Allgemeine Voraussetzungen": https://www.lsvd.de/recht/ratgeber/auslaenderrecht/auslaenderrecht.html#c11185 

Unfortunately, from what I read here on our platform, it seems to happen quite often that Ausländerbehörde requests spouses from non-EU countries to return to their countries of origin to apply for family reunion/ spouse visa there. 

If your lawyer advises you to get a medical report, stating that you fear for your life and therefore cannot return, it may help in your situation.

I'm sorry that I can't give you a better answer and hope you find a solution with your lawyer, who can have a much closer look at your case than we are able to here. Other than that, maybe other members can share their experiences here, too!

Feel free to reach out to us again if you need any further assistance.

All the best,


answered Jan 29, 2019 by Isa
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