What can I do to receive an answer from court regarding my pending residence permit?

Question

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

Comments

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

Answer 1

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: ****://***.refugeelegalaidinformation.org/germany-pro-bono-directory 

And here are the contact details of the refugee law clinic Cologne: ****://lawcliniccologne.***/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

Comments

okay thanks for the information.

Answer 2

can i seek for legal aid and it takes how many weeks to get legal aid

Comments

@Christian 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.. and kind of legal aid do u need?

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no the court never send any letter, but the court ask the ABH why are they delaying on my residence then later the ABH send a letter to my lawyer that will get residence permit para 25 from my second chil whom have residence permit for 3years, But my lawyer want me to have Para 28 from y German child who is first born from different mother.
  Now the ABH thus not want to respond back and my lawyer said he must do failure to act and i must apply for legal aid from the government becox am not working and i deserv to get residence 28.
 And am asking for how long it takes for me to get legal aid from governement since my lawyer cant tell the actual processing, sometimes he says 4wks or 6wks some am confuse and why cant he court force the ABH to issue Para28 for me.
my question is the legal aid takes how long and also can the court force the Auslanderbehorde to issue para 28.
thanks waiitng for answers

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THE LEGAL AID; ACCORDING TO MY LAWYER HE SAID IS THE COURT CASE FOR THE FAILURE TO ACT BY THE AUSLANDERBEHORDE; Untatigkeitsklage and he must seek for this financial aid so that i wont pay any fees for the process and is the ABH whom must bear the cost.



thanks waiitng for answers

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@Christian, legal aid takes time because they will have to verify the amount of money you get from any source and if you are living together with the mother of ur child they will also have to check the amount of money she receive in other for them to see if you need or deserve the financial support.. did ur lawyer send u form about the financial support for u to fill? Did you still use the Lawyer i gave you his contact in Hamburg?

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I am using the same lawyer and since the case is at court and also he thus not want me to take Para 25 Residence permit am confused because he says i deserv Para 28.
    I dont know why the court also cannot order the ABH to issue Para 28 for me after my lawyer did what is so called Untatigkeitsklage Failure to Act since January this year.
    And also this August/Sep  will be 1year since my lawyer file a lawsuit against the Auslanderbehorde.
    
  I went to his office and fill out the forms and i sign as well.
 I am staying alone and also have already summited the require documents to him already, bank statement and beschied.

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From my lawyer this is what he wrote below
Lieber Herr Owusu,

 

once again: you have applied for the financial support (Prozesskostenhilfe) for your lawsuit (Untätigkeitsklage).

 

You need to wait for an answer to this application, because if you don’t wait and you pull out of the lawsuit, you will have to pay for everything.

 

The ABH will have to pay for everything if you continue to provide evidence and win the lawsuit.

 

If you get a positive answer about the Prozesskostenhilfe (PKH), you won’t have to pay in either case.

 

I hope now everything is clear.

 

Have a lovely time with your son and all the best!

 

Mit freundlichen Grüßen,

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@Christian have the court reply you on your hearing date or the amount you will pay for the court expenses b4 your lawyer apply for the financial aid?

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@Christian and am very Super sure that you will win the financial aid support because you are not working... Good Luck BLOOD..

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Good and thanks allot but I was asking for how long it takes to get the financail aid, weeks or months? I try to find out from my lawyer but it seems he can't be open to me.

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@Christian depends on the work load in their office.  Normally it's within 3 to 4weeks @ most 6weeks...

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Okay thanks very much for your support, in my case which means if I get the financail legal Aid which means the court will decide on my lawsuit against the Auslanderbehorde?
Educate me in this.
Hope u reply back.

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@Christianowusu, the court can decide on ur case even b4 ur financial aid.. the financial aid will pay for the expenses incure in d Court.. So, you can just ask ur lawyer about ur court date... Because sometimes the Court can send for ur lawyer to appear in court or they can also judge the case on his behalf then send him a letter after the judgement. So, ask ur lawyer to explain more to u...

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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.

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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?

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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

Answer 3

Hi Kelly try and call me back when u are less busy

worry i was with the family when u called.