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Hello, please the court grant me a deportation ban and a resident permit, the court also send me letter to wait for bamf if the bamf will appeal against the decision,  my question now, how long will I wait and how long will it take for the immigration to issue the me the resident permit.
asked May 30, 2021 in Asylum proceedings by Honest | 602 views

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Dear @Honest,

Thank you for reaching out to the Wefugees Community.

First of all, I am glad to hear that the court was ruling in your favour and everything went well.

A deportation ban implies a residence permit according to section 25 (3) of the German Residence Act:

(3) As a general rule, a foreigner is to be granted a temporary residence permit if a deportation ban applies pursuant to section 60 (5) or (7). The temporary residence permit is not granted if departure for subsequent admission to another state is possible and reasonable or the foreigner has repeatedly or grossly breached the obligation to cooperate. Further, it is not granted where there is serious reason to believe that the foreigner

1.  has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international instruments which have been drawn up for the purpose of establishing provisions regarding such crimes,

2.  has committed a serious criminal offence,

3.  is guilty of acts contrary to the objectives and principles of the United Nations, as enshrined in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or

4.  represents a threat to the general public or a threat to the security of the Federal Republic of Germany.

You will find some more information on this kind of title here, for instance.

Unfortunately, I am not sure how much time is usually granted to the BAMF to appeal against this decision. Maybe you can find more information on this in their letter. I will link two of our experts here as well. Dear @mbeon-Rukundo or @mbeon-Ruth, can you give more details on the deadline?

I think it is quite difficult to predict the amount of time the immigration office will need subsequently to issue the residence permit. This really varies from office to office and from case to case.

However, please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered May 31, 2021 by Meike
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