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If I may ask to go back to my home country and come back with family reunion visa because I have a German child in Germany  and I decide to go back , my question , if I go back  and if my German girlfriend is not working,  that is depending on job centre , will that prevent them for issuing me the visa?

How long will it take for the family reunion visa to be granted if I decided to go?  

Last question .

Will my illegally staying before getting duldung because of my German child prevent me from getting a resident permit if they don't ask me to go and come back with family reunion visa?  Or will it prevent them for issuing me the visa if I am in my country because I have lived illegal in Germany before ?
asked Feb 25, 2020 in Legal advice by felise

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Dear David123,

thank you for sharing this interesting question with the wefugees community.

let me try to answer your questions. It would be nice if someone could add:

1. You would then apply for a visa to reunite with your (German) child, therefore it is not necessary for your girlfriend to have any income.

2. You are Nigerian? The process is described by the German embassy in Lagos further:https://nigeria.diplo.de/blob/1426558/cd64eaa2de9468d5af2704d82d901d32/nachzug-zum-d-kind-data.pdf

The embassy states that the verification process of Nigerian Documents takes a t least 5 month... 

3. The normal process is to go back and apply for family reunion from your country of origin. However, the Ausländerbehörde has the discretion (Ermessensspielraum) to decide to grant you the residence permit if you fulfill all the requirements and there are valid reasons for it (e.g. pregnant girlfriend, childcare...). The fact that you stayed illegal in Germany or that you entered Germany illegally might influence their discression. If Ausländerbehörde ties to sent you back to apply for a visa in your home country, the involvement of a lawyer for migration law might influence the discretion in your favor. 

4. I don't think that the illegal stay will prevent the embassy from issuing the visa (if that is the only offense), maybe somebody else can answer this question more professional?

greetings,

mbeon-bernd

I hope my answers were helpful and I would be very happy if you would contact me again with further questions. I'm a consultant with mbeon and I‘ll be glad to help you over a longer period of time. Mbeon is an online advice for migrants via the mbeon app, which you can install on your smartphone for free. Download it from App Store or Google Play Store. You can find me in the mbeon app and get confidential individual advice in a secure virtual space without other people reading our conversation. Further information: www.mbeon.de.

answered Feb 26, 2020 by mbeon-Bernd
@mbeon-Bernd God bless you . You always answer my question, Thanks . Whatever will be their decision let God take control. Though I have termin on Monday with Jugendamt for the vaterschaft and soregerect, she accepted my Nigeria passport, though I have only my my old expired duldung ausweis .
Becareful they might use your passport to deport you! Ask your lawyer to contact them and ask if the meeting is safe for you to attend.. going back to Nigeria is not an option it's alwys hard to come back! As you gave your passport to jungesamt please note that Auslanderbehörde they have it and they work together.. i
@Isa2020 really? You mean they might deport me with the passport?
@Isa2020 , if you said they don't let people come back easily then what is the essence of this document they normally give when you decide to go back and come back as family reunion to a German child (Vorabzustimmung) I heard, it makes you to come quickly to German when you apply for family reunion visa in your homeland .

@David123 officially, Jugendamt is not allowed to take your passport, there is also no need for them to do so. They have to verify your identity and therefore there is no need to keep it. In the process of verifying according to BGB §1597a they might let Ausländeramt know that you possess a Passport. At least that's what I was told by an employee of Jugendamt. 

A "Vorabzustimmung" by Ausländeramt might indeed speed up the process. 

As @Isa2020 already mentioned: If might be a good idea to contact your lawyer or a local Beratungsstelle who already has experience with the respective Jugendamt and Ausländerbehörde. 

Greetings, mbeon-bernd 

I hope my answers were helpful and I would be very happy if you would contact me again with further questions. I'm a consultant with mbeon and I‘ll be glad to help you over a longer period of time. Mbeon is an online advice for migrants via the mbeon app, which you can install on your smartphone for free. Download it from App Store or Google Play Store. You can find me in the mbeon app and get confidential individual advice in a secure virtual space without other people reading our conversation. Further information: www.mbeon.de.

@David, I know someone who went back to Nigeria last year December and he has a German child until to date he is in Nigeria and no response from the German embassy in Abuja, I know of an incident were someone gave StandesAmt their passport for the baby's birth certificate as soon as he gave it, they called Auslanderbehörde to collect it and 3 days later he was taken to a deportation camp and was deported back to Nigeria in 2 weeks time..
@mbeon-Bernd the lady at the Jugendamt didn't take my passport . She only take a copy from it . I have my passport with me . I only make a photo copy and send it to her and I have termin with her March 3rd . Giving her a photo copy does that mean she will give the photo copy to ausländerbehorde? Will they deport me ? Because she said if I am coming on 3rd March , I should come with a translator .
@Isa2020 but I didn't give the lady at jugendamt my passport, I only make a photo copy of it and send it to her. But Jugendamt is not standesamt.
@Isa2020 , I have my original passport with me. The lady in Jugendamt have only a photo copy . It's because I don't have asylum ausweis. My duldung has expired for a long time and I am illegal . She also take my old duldung ausweis and a photocopy of the passport.
@David I was just giving you an example.. go and talk to your lawyer because it's alwys better to be on the safe side.. a copy of your passport it's a prove of your identity and its sufficient if they want to deport you.. I dnt intend to scare you but I just want you to be extra careful..
@Isa2020 ok thanks
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