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Hello Advisers,

   Please last year September my lawyer had file a lawsuit in court against the Auslanderbehorde for delaying my permit for 3years.      But last 3month my lawyer send untätigkeitsklage to speed the case.

  Last 2weeks my lawyer told me that the Auslanderbehorde had made a decission to grant me Residence permit through my child who have a residence permit but not through the German child,i have 2 kids.

    My lawyer is now telling me that i must take the Para 28 from my German child and not the second child who is not a German, the decission was made by the ABH not the court.

   I told my lawyer both are my kids and i dont want to stress on it again and i prefer from any of my kids but his saying that the ABH want me to have it from this my child who have residence permit but i must pay almost 800Euros before i get it from this my child and since am not working i should bring my beschied from Asyl and last 3 months statement to finish the process before i get my stay, i have scanned the docs and given to him so that he seek for legal aid for me.

  Please my question is that since the court had not made a final decision from my first German child and now the ABH is given me a stay through my second child who have residence permit which means i have to pay the cost if i accept the decision from the ABH ?

Second question is that financail aid takes how long or how many weeks to get a reply because my lawyer told me to fill a form since i cant pay the cost.

please i need answers.
asked Nov 11, 2019 in Asylum proceedings by christianowusu

Dear @christianowusu

Thank you for sharing your questions and sorry for the late reply! 

Regarding the reply for the financial aid ("Prozesskostenhilfe"/PKH), it might be possible, that your lawyer already received feedback (without necessarily telling you yet). 

The court will grant the PKH if they think, that your case has good chances to be successful. 

About the potential costs in case you accept the offer of the immigration office (Ausländerbehörde), I can not tell anything, unfortunately. You asked your lawyer about this? 

Maybe one of our experts, as @Infoverbund or @alla_fka can also add some information. 

All the best, 


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1 Answer

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it is not possible to say anything about the kind of residence permit which the Ausländerbehörde wants to give you without knowing their reasons. Normally the residence permit because of German children is better, stronger, more difficult to take back from you. If your child is not German, there is no 100% guarantee that this child will keep the residence permit forever, and you depend on him or her. And you can have more problems with prolonging in some other cases. Perhaps the Ausländerbehörde has some special reasons for their decision which your lawyer can evaluate and give you an advice if it makes sense to accept it.

The decision of the court about the financial help can take much time, all courts have different timeframes. The lawyers who have many processes in the same court can sometimes have an idea but it always can be shorter or longer.

You must know that this money is not a present for you but more like a loan. If you start to earn enough in the next 4 years they can claim that you must pay back. Naturally if you are financially responsible for your children, you must really earn more than the special limit for all persons, only then they can claim for money.
answered Dec 6, 2019 by Alla_fka
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