I have a German child and the immigration office is asking me to apply for a visa at the embassy - What can I do?

Question

I was just going through some readings here about family reunion visa rejections.my question is,I have a german child new born now and I came to germany illegally. And now I'm a mum to a german child,I live with my boyfriend, the father toy child.the ausländerbehörde told me to go back home to my home country to apply for family reunion visa.but now I'm waiting for a duldung before I go while I have no health insurance.my auslander lawyer adviced me that I should indeed go back home for a family reunion visa and that everything will be prepared before my departure for the visa application in my home country.my partner and I have done already the vatherschaft,my baby has a german birth certificate. The lawyer told me that ausländerbehörde want me to book an appointment at german embassy in my home country and then I still write to the german embassy and tell them that I came here illegally as a proof . Also during my pregnancy, the ausländerbehörde  wanted to deport me at 8 months pregnant  but i had some complicated and I got a letter from a gynecology  that's why I wasn't deported.my lawyer said she will request for a vorabstummung before I leave so it can guarantee for my come back visa.but I'm scared it can be a trap and then the ausländerbehörde use that in court against me that I have been in Germany illegally and I came illegally and I had also applied a visa before at a german embassy at my home country for fsj but it got rejected. I came to germany through Austria and that's how I got illegal. Can the ausländerbehörde claim that I have been illegal and came illegally in Germany through Austria and deny me a visa?

Comments

@Salome Mkota, what country are you from? Bcos, it also depends on ur country of origin. But, make sure u do ur document verification from here b4 flying back. And what city are you here in Germany? I mean d region!

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From kenya originally and in bayern  the region  In Germany.what do you mean by it depends  with the country  of origin?

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Dear Salome Mkota,

I saw that you opened another thread on the same topic. In order to keep a better overview and information in one place, I will close that one. I suggest that we discuss your situation further here - I hope this is okay for you!

All the best,

Meike

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I would advice you don't go, get a good lawyer to fight it if your child is having a resident permit already. 2 people I know who went to Nigeria to get visa, ended up spending 2 to 3 years. You might be asked to go learn German language before they can get you the visa like my friends and then that would depend on how long you would take to speak at least A2. ( My friends case).... Please be in the **** out . Good luck

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Hi. I have similar problem. I get married in Italy and I was ask to go back and get family Réunion visa. Can we exchange contact for more information.

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You keep asking the same questions over and over...
It will be better you go to a lawyer or refugee counseling ctt

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Hallo my name is asim ali I have italian residence card and i have 5 years visa i married to german girl and now i have 6 months daughter which is also detuch i came here in italy when my wife was pregnant i gave Vaterschaft to auslanderbehorde then i gave my baby birth certificate but auslanderbehorde after 10 months they said to me you have to go german embassy in rome and get the 3 months visa and then come back and they give me some paper and they wrote give three months visa when i went there german embassy in rome they said to me we dont accept this letter u have to work 6 months in italy then u can apply for visa and i think they will take too much time there and the problem is my child is 6 months my wife cant handel her alone all time i have tooo much stress my wife told me come to germany back so i came yesterday but i dont know what to do ? Any one have the same problem which i have i need your help please

Answer 1

Dear Salome Mkota,

Thank you for reaching out to the Wefugees Community again!

Unfortunately, I am not much experienced with similar cases and it is also a bit difficult to give an individual advice here without being totally familiar with your situation and conditions. Do I understand correctly that the immigration office requests from you to apply for a visa at the German embassy in your country of origin in spite of you having a German child you have to take care of? This sounds rather unusual to me. But I will link our dear expert @alla_fka here, maybe she can add more information.

Please be aware that the immigration office (Ausländerbehörde) is not issuing the visa or deciding on it. Instead, the responsible embassy will ask "only" for the approval of the Ausländerbehörde. The "Vorabzustimmung" according to section 31 Aufenthaltsverordnung displays this kind of approval even before the visa application and is supposed to ensure a faster visa procedure. I assume that once you have the "Vorabzustimmung" by the Ausländerbehörde, there are no issues to expect from their side at least.  Am I right on my explanations @alla_fka?

All the best,

Meike

Comments

Thank you so much for your information and linking me with @alla_fka .Im kindly waiting for her response.

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Also regarding  the visa issue from my country..can they reject my visa application  while I'm in my country with my 100% German baby  and having also given them the vorabstummung?I'm just paranoid  I guess since the immigration  told me that I should book an appointment  for the visa at my home country  german embassy  and declare that "I have been illegal " in Germany  and Austria  as a"proof" .the question  is..what does  that mean?

Answer 2

@salome Mkota, i mean ur country might be faster. Like in my country Nigeria they are very slow in evertin. Where u told anytin about document verification? Are you under Unterfranken too?

Comments

Yes, they said they would  give Me verification documentation

Answer 3

Hello Salome Mkota,

I don't think you must be afraid of making the visa procedure, if you can get the Vorabzustimmung before. This is the idea of Vorabzustimmung: if a person provides such document to an embassy, the embassy staff doesn't have to ask the Ausländerbehörde anymore, they only check if you have all necessary documents in a proper form for issuing a visa. That means, you can prepare everything from Germany, check the set of documents, get your Vorabzustimmung, make an appointment with the embassy and buy your ticket for a date just before this appointment. You mustn't spend months in your country waiting for the appointment, you wait in Germany.

I've never heard that it doesn't work properly if you have a Vorabzustimmung.

The fact that you came illegally ist just the reason, why the Ausländerbehörde wants you to make this visa procedure now. The basis is §5.5.1 Residence Act (AufenthG): coming with a proper visa is one of the conditions for issuing a residence permit. The Ausländerbehörde can decide not to use this rule and give you your residence permit without leaving Germany, if they beleive in a hardship case. But it is their discretionary power and in your case they obviously don't beleive that it is fully impossible for you to make this visa procecure.

If you have never got an entry ban for Germany of Schengen area, your illegal entry can't be a problem. Ask the Ausländerbehörde if you have one to be absolutely sure.

It is important that you leave Germany legally, officially. Discuss with the Ausländerbehörde, I think they will give you a Grenzübertrittsbescheinigung which you can stamp in the airport or in the embassy in your country. They will explain you.

The alternative to this procedure can be a legal dispute with the Ausländerbehörde in the court and I am not sure that you win. As I told before, you will be in need to give proof that leaving Germany even for a short period of time is impossible for you. This can be difficult if there are flights and the embassy is working. And it will perhaps cost much money.

Naturally it is for you to decide. Speak once more with your lawyer.

Comments

@Alla_fka, please how long do you think it will take to get the visa once someone is with the pre-approval letter?

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No idea, it depends on the embassy. Therefore it is much better to make an appointment from Germany and then to book the flight. You or your lawyer can write a mail to the embassy and ask in advance.

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Thank you so much, dear @alla_fka! Very important information you shared with us here! I am sure they will be helpful for many people! Best wishes, Meike

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Hallo  Obumkelly79,
I've already written 3 days ago and I can't give you any better information on the question "how long".

Answer 4

@alla_fka Thank you for your kind response. I truly appreciate it.My lawyer advised me that if I can afford to fly to kenya and make the visa case it will be the best thing when the baby is young so I can come back and continue with my life but this time with the right documentation not living with duldung. My lawyer also advised me that the ausländerbehörde agreed to give me the vorabstummung that is highly needed for my visa application.

Answer 5

Hi Again @alla_fka The ausländerbehörde also stated to me that I should tell the embassy of Germany in kenya that I have been illegal in Germany ..I don't know what that means because I'm just scared why would the ausländerbehörde tell me to write an email to german embassy in kenya after I book my appointment.

Comments

@Salome Mkota, where you in court with them before? Because, am very sure the court will speak on ur favour if you trying going to court instead of going to africa.. and did you already agreed to Auslanderbrholden that u will be going to africa??

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Hello Salome Mkota,
if you really have Vorabzustimmung, it is not a problem, that you came illegally, because the Ausländerbehörde knows about this fact and nevertheless gave you their consent. If they had something against issuing a visa for you, they wouldn't have given you this document.
I asked one of our councelling lawyers once more, he doesn't see any problems. He told me that one of his clients could get a visa with Vorabzustimmung, although he'd had a criminal case in Germany before.

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This is the same thing I'm currently scared of right now. I have a criminal case. I was convicted for not giving my passport on time. Now the Ausläbderbohörde want me to go home and come with a visa. But I'm scared if will get it due the criminal conviction. Do you or anyone knows someone with same issue and still got a visa

Answer 6

Hi. I have similar problem. I get married in Italy and I was ask to go back and get family Réunion visa. Can we exchange contact for more information.

Comments

@Esudayo, what city or region are you? It seems Auslanderbeholden want to be serious with this issue now i guess!

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@Esudayo ,Email me (digitalmodernbranding@gmail.***) I will give you my number there on the email .

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Bayern. Not far from München

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I wrote you via email already