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?

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