Apply for family reunion visa when there is corona virus

Question

I want to know if its possible for ausländerbehörde to tell someone that have a German child to go back to his home country like Nigeria  and apply for family reunion visa when there is corona epidemic?

I newly apply for resident permit because I have a German child and I am waiting for their answer in regard to my stay.  They never tell me to go back to Nigeria and come back with a family visa, I just want to know if its possible they can tell someone that have a German child to go back and come back with a visa despite corona epidemic and I heard that nigerians, USA and some countries with worst case of corona can't enter EU for now?

Comments

Make usre you have Sorgerecht and taking care of the child, they will never or can't even deport you.

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@Pan 123 I have all, I have DNA test also

Answer 1

David123,

you must understand that in some cases the Ausländerbehörde is obliged to decide only in one way (for example they must give a residence permit or they have no right to give it even if they want). Other decisions are discretionary, so that they can decide in this or that way depending on the circumstances and on their opinion. The scope (or the margin) of discretion is not the same in all cases. In your case (German child) the scope of discretion is not so large, the interest of a German child to be with the father is counted very high. But anyway there are the Ausländerbehörden which stubbornly insist on their claims. I hope that yours is not of this kind. Perhaps your lawyer knows how they are. Many lawyers who had to do with a special Ausländerbehörde in the past, know how they treat this or that question. Naturally there are many employees in the Ausländerbehörde, they are not alike in their work.

Ask your lawyer if he / she sees any problems or advices you to wait calmly. Many Ausländerbehörden are well known to be very slow - and now they have a reason for that (Corona). So keep calm and enjoy playing with your child in a good mood :)

Answer 2

@David123, my broda, Germany matter different oooo... they can ask anyone to do anything despite the covid19 period.. even right now they are putting most people in their deportation camp.. but, ur case is different because u hv a kid with a german. They will surely answer you but, sometyms they like to stress you for long but, at last comes victory... so, how many weeks or months is it now since u apply for ur residence permit??

Comments

@Obumkelly79 just a month ago.. I just don't want to get a decision that I should go back to my home land and come back with a visa that is my only fear bro..

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@David123, i understand. Try to check d date that ur lawyer applied for and count the actual time it is by now.. because normally when antrag is being placed most tyms its just 4weeks for them to reply to it and if it exceed 4weeks and it takes longer most tyms it comes out as a positive Answer! Like 70% of such cases.. so, nor fear... if lawyer wait abit they didnt answer he can write to remind them again and if they ask u to go back to africa u can go against it in the court...

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@Obumkelly79, my lawyer contacted them again. They sent him a letter that I should wait for a month for the decisio.. My lawyer apply 27th June, 6 days ago my lawyer got a letter from them that I should wait for a month for the decision and my 3 months Duldung will expire September 7

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@Obumkelly79, my lawyer applied 1 month and 3 days ago, but before one Month reach when my lawyer apply for it, ausländerbehörde write to him that I should wait for another one month and my duldung will expire soon by September 7..hope you understand me

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@Obumkelly79 total days my lawyer apply for it is 1 month and 3 days now but they have not giving me answer, the only thing they send to my lawyer is that I should wait again for another one month, before they write to my lawyer, my lawyer inform them again about it

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@David123, okay. Hope social is paying you.

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@Obumkelly79 yeah, I live together with my woman

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@Obumkelly79 so how many cases have you seen that they grant their stay that way? If it pass one month of apply of resident permit... ? My only fear is that I was illegal before I have the baby and I am now legal though Grenze polizei has cancelled my illegality when I answered all their questions wells and my lawyer sent them a letter together to my answers to their questions.... But I don't have any criminal cases before...

Answer 3

Dear @David123,

Welcome back to the Wefugees Community and thank you for reaching out to us.

From my experience, the authorities do ask people who married a German citizen in Germany, but originally came on another type of Visa (Schengen visa for instance) to travel back and apply for the spouse visa at the respective German embassy. I haven't heard of a case in which applicants for a residence permit according to §28 of the German residence law (as parent of an underaged German child) were asked to do the same.

However, I will also link two of our experts here. Dear @mbeon-Christine or @alla_fka, am I right on this or is there anything you may want to add?

I also checked the website of the German embassy in Nigeria. Apparently, due to the Corona situation they don't accept any visa applications at the moment.

Please don't hesitate to get back to us with any further questions.

All the best,

Meike

Comments

@Meike thanks so much, nice to hear that the German embassy in Nigeria don't accept visa application now.. That will make them to give me a positive answer

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You (or your lawyer) can argue with §39.5 Aufenthaltsverordnung, the lawyer must know this document, if he/she specialises in migration law. It refers to the right of people with Duldung to obtain a residence permit because of a family situation (a marriage or a birth of a child in Germany). If you have a passpost and don't have a criminal story, the Ausländerbehörde can let you have a residence permit in spite of coming to Germany illegally, without claiming for making a visum procedure. But they can also insist of you going to your country and making a visum. In case you had a rejection of your asylum as "offensichtlich unbegründet" (evidently unreasoned), it can be more difficult.
Some Ausländerbehörden are just not cooperative. In such a case you must decide together with your lawyer if you go to the court or you try to get a so called "Vorabzustimmung" (a written confirmation that the Ausländerbehörde agrees to giving you a visum for family reunion), with which you can have a visum from the embassy much quicker.
But don't worry too early. It seems to me from what I heard about such cases that with a German child people have a really good chance. The evidence that you have a very deep relation to a child, not only live together, can be naturally helpful, if there is some problem.

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Dear @Alla_fka, thank you very much for your quick reply and your super detailed advice! So helpful! And please don’t hesitate to post such informative texts as answer, not only as comment! It would be even more visible :-) Many thanks again and we are looking forward to your next posts! Best wishes, Meike

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@Alla_fka like I said before, my only criminal story is staying in Germany for a year illegal when they refuse to renew my old duldung Ausweis though Grenze polizei has cancelled my illegality because they sent me post and ask me some questions which I have to reply and send them back, though I answer all and my lawyer did all.. But am cleared from the illegal stay by the police.. In case for any other crime, i have not committed no crime since I come to europe. Hope the staying illegal won't affect me by the decision of my permit?