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Dear Sir/ Madam

I came to Germany December 2013 and I have 2 kids and a fiance who are a resident permit holder of 3 years Aufenthalt with a Blue passport. I have all the necessary documents of my both kids the Fatterschaft and soggereicht for both kids been done between 2015 and 2016. My Asylum is completely finished with negative from the court which the Auslanderbehorde is aware,  but the Auslanderbehorde told me that there are still waiting for the last confirmations letter from Bundesamt before they can give me a resident permit or Duldung.  

The Auslanderbehorde also inform me with 100% guarantee that if they should issue me a Duldung it will be a special Duldung and after my Duldung for period of 12 to 15 months they will give me Aufenthalt because I have submitted my passports 2 years ago and I'm working and living together with my family. Why is it special Duldung?? How long does it takes for this letter from Bundesamt to arrive?? Why can't they give me direct Aufenthalt?? ... I await your prompt feedback
asked Oct 30 in Asylum proceedings by Gago

Dear @Gago

Thank you for sharing your question with the Wefugees Community! 

I just closed the other thread you opened today with the same content. I hope this is okay for you. We try to keep information in one place and as transparent as possible. I’m sure one of our experts or other members of the community who want to share their experiences will get back to you soon. 

Thank you for your understanding. 

All the best, 

Meike

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1 Answer

0 votes

Dear @Gago

you've already asked this question some days ago and I tried to give you a detailed answer. The German law doesn't give a possibility to give a person a residence permit for family reunion to children after the asylum case had beed lost. The Ausländerbehörde can use another legal instrument - the humanitarian rule in §25.5 Aufenthaltsgesetz (I explained it in my ealier answer to you). This residence permit can be issued without waiting (it is on discretion of the Ausländerbehörde) and it ought to be issued after 18 months with Duldung, in this case the Ausländerbehörde must have special reasons to reject it. In most cases the Ausländerbehörden decide to give this residence permit to people only after 18 months, as they can't reject it without reasons anymore. It is difficult to claim for this residence permit earlier as the decision is in their discretionary power.

So you can take Duldung and wait or you can try to get a residence permit because of good integration (§25b) which I discussed with you previously.

answered Oct 31 by Alla_fka
Alla_fka what if my unborn child is from German woman and I am illegal,  can I get stay through my unborn german child ?  Because my asylum has finished and I am hiding from authority from deportation. I stay with my German woman,  she is 6  months plus pregnant now .
Alla_fka  yes you have giving me a respons before about this similar case, just that I don't know how long the Buhdesmat will take to send this letter to Auslandamt because this is the only letter that is delaying my resident permit. I wouldn't have a problem holding the Duldung for 13 to 18 months  or rather with the application of Integration.

Just that the Auslanderbehorde have made it  clear to me that I will be issue a resident permit or Duldung if the letter from Bundesamt arrives.  I hope to check again by next week if the letter has arrived or not. Thanks for your concerned
You can write a mail or a letter to BAMF and ask them to send the letter quicker. In worst case they don't react, in best case they remind of your case and do it quicker.
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