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I am from Indian. I come in Germany sep 2018.I do asylm. But I get negative decesion from BAMF Unfonded. After that I get Duldung. I complete my A2 and my wife do B1. Till my wife do kinderpflegerin ausbildung. I have life time work permit. Now I get in oct 2021 Ausbildung vetrag as a social assistance. But Ausländerbehörde want to deport me and my 9 year old son without my wife. And also my passport submit in Ausländerbehörde. One time they come to my house at night to deport me. Plz give me solution what can I do
asked Dec 13, 2021 in Legal advice by Harish | 548 views

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2 Answers

0 votes

Dear @Harish,

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

First of all, congratulations for starting your "Ausbildung" - that is an important step. Did you think about applying for an "Ausbildungsduldung"? Please follow the link for more information on this. Is your wife holding a residence permit and if yes, which type? In any case, I would highly recommend you to get support at a migration counselling office. Please let me know if you don't know how to find one close-by. I will also link by dear colleague @alla_fka here. Maybe she can share some thoughts on your case.

All the best,

Meike

answered Dec 19, 2021 by Meike
Thanku Mam,
My wife get ausbildung visa for 2 years. (Ausbildung Duldung). But Ausländerbehörde dont give me permission to do Ausbildung. My Ausbildung start on 01/08/8022 as a social assistance.
0 votes
Hello,

first of all, it is difficult to give advice without knowing why your Ausländerbehörde wants to deport you and especially your son, separating you from your wife and, more important, the child from the mother.

Generally, your wife's Ausbildungsduldung doesn't give you and your son absolute right to stay, according to German law. But it is not very usual to separate a family which lives together, especially children from mother. It would be against the principle of child's wellfare which stands very high. Perhaps you got decisions from Ausländerbehörde with explanation (Begründung) why they consider it possible to deport you.

It is possible to make an urgent application against deportation in the court if you think that you are really in danger. But you normally need support from a good lawyer who specialises in Aliens law or at least from a good refugee councelling center in your place.

If you made an application for permission to make Ausbildung in a written form (officially), you have right for a written answer from Ausländerbehörde with the reasons for rejection. I can imagine that they reject because you only have A2 (normally you need at least B1 or even B2 to start a qualified Ausbildung which can bring you Ausbildungsduldung). Another reason can be that you ask for permission too early. The application for Ausbildungsduldung can be made earliest 7 months before your Ausbildung starts. I don't know if there is such a rule for giving a permission for Ausbildung. But perhaps they think it is too early. Unfortunately some Ausländerbehörden use the principle that deportation has priority if people don't have an absolute reason to stay.

Anyway, online councelling can't be enough if you need quick measures to prevent deportation. I hope, you can find personal support.
answered Dec 21, 2021 by Alla_fka
Thanku Mam for ur answer. I apply my Ausbildung above 9 month. So they rejeacted my vetrag for Ausbildung. But now my Ausbildung start on 10.08.2022 and in January now 7month left for my Ausbildung. Can now this is possible to get Ausbildung in january.
As I told before, it is very important to know on what reason they rejected first time. Without knowing this it not possible even to make assumptions how they will decide next time .
I would anyway make at least B1 level in your place, as soon as possible.
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