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Hi admin,

My daughter is having a residence permit paragraph 33, because her father is having unbefristet! I also apply for a residence permit because my daughter is having, but the auslandbehorde reject it because am still under asylum procedure! I was giving negative recently but my lawyer re-appeal.But now I want to tell her to withdraw the appeal so I can re-apply for a residence permit through my daughter residence permit.Now my question is hope the auslander will grant me the residence permit if I withdraw my appeal?

Thanks in anticipation
asked Jun 16, 2020 in Asylum proceedings by Michelle04

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3 Answers

0 votes

Dear @Michelle04,

Welcome to the Wefugees Community and thank you for your question.

Indeed, as long as your asylum case is not closed, you can not apply for another residence permit. But as soon as you are formally able to apply for a residence permit, you don't need to be afraid to get it granted, as far as I know. You might find alla_fka's last comment in this thread also useful.

Without knowing your personal situation, I was just thinking that your lawyer apparently sees a chance for you to win the case in court.

I will link our dear @alla_fka here again. Maybe she can share another thought on this.

However, please feel free to get back to us with any further question.

All the best,


answered Jul 10, 2020 by Meike
0 votes

I agree to Meike's comment: generally you must not have problems to get a residence permit after you've withdrawn your appeal in the administrative court (provided you fulfil personally all the conditions for a residence permit, like having a valid passport, not having a criminal story, not having a ban on a residence permit through your decision in asylum procedure etc.). Your lawyer or a good consultant, who knows the details of your situation, will be able to check it. If the Ausländerbehörde promises to give you a residence permit after withdrawing the appeal, you probably fulfil all the conditions. You (or your lawyer) can ask the Ausländerbehörde to give you a written confirmation, that they really give you a residence permit after withdrawal - to make it safe.

Otherwise, as Meike says, it can be that your lawyer sees a good chance for you to have a positive decision from the court. In this case the residence permit can be stronger and better for you than the permit through the child. It depends on the kind of a residence permit you can have through a child: if it is a permit after §25.5 Alien Law, the permit after a positive court decision will normally be better. That means, you better discuss it with your lawyer and ask, if he or she really sees the chance in the court procedure, and how long it can take until the court decides.
answered Jul 15, 2020 by Alla_fka
0 votes
If you withdraw your case from the court, the ausländerbehörde is likely to give you 18 months duldung after then give you a residence permit Base on paragraph 25.5
answered Jul 22, 2020 by Alliswell
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