Authorities ask to go back to home country to apply for family reunification visa - How to avoid it?

Question

Hello i need a help my brother have a Child with a German woman and they live together since the birth of they child till now and his asylum is finished but the ausländer don’t want to send his file to the city where he is living either they ask him to go back home to get visa and come back so he can get his residence permit what can he do to this situation now?

Comments

Does your vrother have Birth certificate or vaterschaft?

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Hello
   I hope you don't mind if I ask. How is the case still going. I'm actually in the same situation and I really don't know what to do at the very moment

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Is not going on normal call or WhatsApp

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Answer 1

Dear @Victor22, 

Thank you for reaching out to the Wefugees Community. 

I agree with Pan 123, declaring the fatherhood ("Vaterschaft") and the shared custody ("geteiltes Sorgerecht") will be an important step for the future residence permit. 

Regarding the family reunification visa application from his country of origin, I am afraid he will need to prove to the immigration office (Ausländerbehörde) that he is not able to travel back for the time being and he exceptionally needs to skip the "normal procedure". Depending on the immigration office, this process can be indeed difficult and hiring a lawyer might be helpful in this case. 

Would you agree @manrhei-mbeon or @mbeon-caritas? 

Please don't hesitate to get back to us if any further clarification is needed or you have another question. 

All the best, 

Meike

Comments

Hello, I agree with both of you.
Acknowledging paternity is an important step.
Paternity can be recognized at the registry office (Standesamt), youth welfare office
(Jugendamt), district court (Amtsgericht) or notary (Notar). It is free of charge at the
Jugendamt and Standesamt. The father needs his birth certificate or a certified copy from the family book.
The support of a lawyer is certainly helpful.
You can take advantage of a mostly free or with a small fee initial consultation with a legal aid committee (Rechtshilfekomitee). You can also get information from a migration advice center near you.
I wish you and your brother all the best.
many greetings
mbeon-caritas

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Dear @mbeon-caritas, Many thanks for your immediate reply and the very helpful information you shared! Best wishes, Meike

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Dear Sir/Madam,

 I am writing to seek information regarding the laws of European Schengen in my case. I currently reside in Switzerland, having passed through Croatia illegally before arriving here in Switzerland. Croatia was the first country where I had my Dublin process initiated. Upon reaching Switzerland, I applied for asylum seeker status, which led to a series of legal challenges and ultimately a refusal from the State Secretariat for Migration (SEM) to grant me asylum.

 Recently, I received a federal decision rejecting my asylum application and instructing me to leave Switzerland. I had planned to marry my fiancée, who is a Romanian citizen working in Germany, and apply for a reunion family visa to join her in Germany. However, the rejection of my asylum application has complicated matters.

 I decided  returning to my home origin  country of Burundi to marry my fiancée and apply for a reunion family visa at the German Embassy. My question is, once we are married in Burundi, will it be possible for me to reapply for a reunion family visa to return to the European Schengen area, specifically Germany, where my fiancée resides and works?

I understand that my situation is complex, with the Dublin process and asylum application complicating matters. However, I am hopeful that there may be a legal pathway for us to be together in Europe. Your guidance and advice on this matter would be greatly appreciated. Thank you for your attention to this matter. Sincerely,