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Dear Adviser

  Please i have a case in court concerning my residence permit i have 2kids and the mother is a German and am qualify to have a residence permit Para 28 But till now the Auslanderbehorde keep ignoring me without any reasons my first son is 4years now my lawyer took the case to court and for 6months now we have not heard any thing from Administrative court in Koln..

it is possible that a court can delay for that long whiles i have evidence and custody and vaterschaft?

And i need answer how long it takes how many months?

Pls i need answer and can my lawyer WRITE second letter to find out why it taken long Thanks ?

Thanks
asked Feb 4 in Legal advice by christianowusu
Hellos sir,
I'm an active member in this community I also have a Duldung which I have received it today! For having a Child with my German gf.
and I would like to ask you that, did you have a Duldung before applying for a residence permit 28 abs ?
Since I have a Duldung I want to apply for the 28 abs paragraph residence permit as Gorman child ! Any recommendations or advices!

I wish all the best to you regarding your case and hope you and your family doing great!
Best regards
@Christianowusu, did the court send you a letter to pay a specific amouth of money for them to sit on your case?? Because if you refuse to pay it might also delay u..

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3 Answers

0 votes

Dear @christianowusu

Thank you for reaching out to us again. 

Last time we spoke, I advised you to seek legal help or discuss the case further with your lawyer, as it's impossible to know all the details of your case here and I lack the legal expertise. 

Looking at other cases from our platform, delays within asylum proceedings, court cases and the like seem to be quite usual, because there are lots of cases to solve, which of course doesn't make waiting for an answer any easier. 

If you are unsure whether your lawyer is doing the right thing and what options you have to get an answer quicker, you can also seek legal advice from a refugee council in your area or a legal aid service for refugees. Have you reached out to any yet? 

Here is a list of pro bono legal aid services: http://www.refugeelegalaidinformation.org/germany-pro-bono-directory 

And here are the contact details of the refugee law clinic Cologne: http://lawcliniccologne.com/kontakt/ 

Feel free to reach out to Wefugees again if you have any more questions and please try to contact one of the listed services. I hope they can provide you with more answers on your case. 

All the best, 

Isa

answered Feb 14 by Isa
okay thanks for the information.
0 votes
can i seek for legal aid and it takes how many weeks to get legal aid
answered Jun 12 by christianowusu
This September will be 1year since my lawyer file a lawsuit against the Auslanderbehorde, and this January he also did what is called Untatigkeitklage and he told it will make decision fast.
   But till now we have not got any decision from the court it is the only the Auslanderbehorde that send a letter to my lawyer they want to give me Para 25 for my second child, But my lawyer said no i decieve Para 28 from German child.

  And the Auslanderbehorde had not reply i told my lawyer i want the 25 now becox i have suffered allot with stress and my German child is 4years and if they dont want to give me para28 let me take the 25 from my child who have residence permit 33.
 
 My lawyer dont want me to accept the 25 but soon it will be  a year since the lawyer file the lawsuit against ABH and the waiting is long and we have not even got a date for the court hearing or nothing like decision from court.
 My lawyer said when i withdraw the lawsuit i must pay for everthing and sometimes i think if i withdraw it  and get Para 25 and pay the court in installment is better than waiting waiting getting to 1year without court date nothing.

  Please this is my mojor problem and u can see my first child is 4years  German and second child 1yr n half whom have permit 33.
 Please advise me and am tired of the waiting than to get Para25, becox it seems the court cant oder the ABH to give me 28 and it seems the ABH have power over the court and above the law in Germany.
 Hope to here from u soon.
@Christianowusu, i understand how u feel.. firstly, the mother of ur german child have a part in this kind off.. Because since she refuses to give you the sorggerecht(50/50) that was why Ausländerbehörde asked for DNA @first because they had some little doubt about everything etc.. so, i will advise you to take the 25para because it so long now and if you work u can also upgrade it.. they only difference might be in 5years you can apply for unlimited while 28para, in 3years you can apply for unlimited. But, it's all residents permit through a child... and for the issue of the financial aid, if you lawyer withdrew from it and the court ask you to pay you can normally put every expenses on instalment e.g 50Euro every month when you have gotten a job.. it's your family name of ur german child birth certificate and his German Passport?? If you also know ur lawyer will win the case you can also be patient abit more as long as sozial gives you money for feeding till maybe latest August b4 u can make a final decision on accepting the 25para or not... GOOD LUCK BLOOD.
Yes i think that is right i have to wait until August but also what u said is true they doubt becox of the sorgerecht and also my name is on the birth certificate of my German child and Pass but only the sorg that i dont have.
  will wait until August and see and still if my lawyer says no , pls can i go direct to the Auslanderbehorde and tell them i want 25 on August?
If by August no GOOD Answer from the court etc.. then, go straight to ur lawyer first and tell him you need d 25para before going direct to Ausländerbehörde. But, see ur lawyer first.. u can inbox me ur number to call you in my email address..
Okay my question is in August when i goes to my lawyer and still he says No way .. What will be the steps and can i go to ABH alone or with my child mother.?

Secondly when my lawyer refuse to withdraw the lawsuit on August what should i do to get my Para 25, and the last is i dont understand my lawyer, atleast he must listen to me becox 4years is long till now no residence.
    Now how to go to the ABH is my problem when my lawyer dont agree on August.
you can give me ur gmail to inbox  u my number..
hope u answer me this few questions..
Thanks allot
0 votes
Hi Kelly try and call me back when u are less busy

worry i was with the family when u called.
answered Jun 30 by christianowusu
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