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I am an Eritrean and I have got  a subsidiary protection from Italy. I moved to Germany to find a job and have been given a work and residence permit. My wife has joined me after 2 years of my stay in Germany and we've got a child. To grant my wife and child a residence permit, the Ausländerbehörde required me to earn at least about 2000€  to sustain my family all on my own. However, I could not get a stable job which can offer me the required amount of money. I even have got financial assistance from the Job Center. Now the Ausländerbehörde told me that I have to leave Germany with my family and go back to Italy. They kept all our passports with them and said they will send me a letter ordering to leave the country. On the contrary, they granted all the 3 of us Fiktionsbescheinigung which allows us to work for 6 months. Now my question is, will they really send us the letter to leave the country while we have the Fiktionsbescheinigung? Does getting a job of at least 2000€ at this time make a difference by making them change their mind? What can I do to escape this situation? Please HELP!!!
asked Oct 27 in Work by Lala

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1 Answer

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Dear @Lala,

thank you for sharing your question with the Wefugees Community!


Generally speaking, a "Fiktionsbescheinigung" says that the "Ausländerbehörde" is still in the process of examining your residence permit. The problem with the Fiktionsbescheinigung is that it gives you the right to stay in Germany for now but that it is only temporary and can end any time when the Ausländerbehörde is finished examining your case.


Therefore I would highly recommend that you go to a free counselling centre or a lawyer (maybe you have one already) as soon as possible - to check all the possibilities you and your family have to stay in Germany. Sometimes there are more than just one options and a good counselling centre or a lawyer can help you with it. They can also help you with the question if getting a better paid job NOW will help your family to stay in Germany. Generally speaking I would probably say yes but I don´t know all the details about your case and for example don´t know exactly if you fulfill all the other requirements to receive a residence permit. Via this websites you can find free and trustworthy counselling centres:

https://adressen.asyl.net/language/en/welcome-to-informationnetwork-asylum-and-migration/

http://www.refugeelegalaidinformation.org/germany-pro-bono-directory


I hope this answer was helpful for you. If you have more questions please don´t hesitate asking the Community again!

All the best

Melina

Note: Please keep in mind that we can´t provide qualified legal advice via the internet and that any information given can´t replace such legal advice.

answered Oct 28 by InfoVerbund
edited Oct 28 by InfoVerbund
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