Decision from court

Question

I was in court last two weeks because of resident permit from my child who has German assurance letter. The mother got the assurance letter letter so since she is 1 and half years she automatically has too, I live together with my wife and the child . She is a nurse from occupation. The Judge told the auslanderbehorde to give me aufenthaltlaubnis  25 since i take care of my child while the mother goes to work, until my wifes homeland has sent the renunciation certificate then they change to aufenthallaubnis 28. The immigration lawyer still didnt angry and the judge was indeed angry from her ****. She then gave the immigration lawyer another option to give me Duldung till my wife has renounced her homeland citizenship of which we have sent all the necessary documents to the embassy in charge. Actually the tume frame for my wife to renounce her citizenship is till 2024 . The interest if the immigration was to sent me home for visa since i was illegal. Court ruled out that. The judge gave the immigration lawyer until April 7 to agree or disagree to the compromise.

My question is  can the immigration change the mind amd give me article 25 as the judge proposed earlier instead of the Duldung?

Comments

How long did it take you to get a appointment for the court hearing?

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I'm in the same situation right now

Answer 1

Hi Albertz,

Thank you for sharing your situation, it sounds like it has been quite stressful.

From what you describe, the judge already gave a clear recommendation to the Ausländerbehörde (immigration office): to give you a residence permit under §25 AufenthG (most likely §25 Abs. 5), since you are caring for your child while your wife is working, until your wife’s citizenship renunciation process is finished.

However, the Ausländerbehörde (immigration office) sometimes does not immediately follow the court’s proposal. The judge can give a strong recommendation or even a temporary ruling, but the final administrative decision is made by the Ausländerbehörde. That’s why the judge gave them time (until April 7) to agree or disagree with the compromise.

To your question:
Yes, the Ausländerbehörde can still decide to give you the residence permit under §25, if they agree with the court’s proposal.
But they could also decide to give you a Duldung (temporary suspension of deportation) until your wife’s renunciation is completed, if they prefer that option.

The best thing you can do right now is to:

1. Stay in touch with your lawyer and make sure they follow up before the April 7 deadline.

2. Keep proof that you live with your family and take care of your child (e.g. letters from employer, daycare, etc.).

3. Be patient — if your wife’s renunciation is already in process, the chances are good that you will later receive the §28 residence permit for family reasons.

So yes, there is still hope that the Ausländerbehörde gives you the §25 permit. It depends on how they respond to the court’s recommendation.

Warm regards
Conny