Do I still stance a chance despite having two German kids and then ask go to my country and back Family Reunion visa?

Question

Greetings to everyone on this platform,my name is Olamilekan,am a Nigerian.I came into this country with a valid shengai from South Africa,Belgium and then Germany.i came into Germany I liked the country and the people and I decided to stay but I was adviced wrongly to take Asyl inorder not to be illegal and which I did ....the result of my asyl was negative and in that process,I met my Fiance and we had two kids together in which we both share the custody but despite this am still compelled to go Nigeria and come back with family reunion and every effort from me and my fiance to proof to Government that we just simple family,and all we want is peace of mind....and it's now that my first impression about this country is a mirage...every effort from my lawyer was abortive and resulted to accumulated debt which we struggled to pay...we went further to complain at Hamburger Schaft because I was seriously threatened with deportation and was subjected to signing a particular form that I will be given 700euros to leave my family and go back to Nigeria..i didn't want to sign it but the man was so furious with and anger and was about to make some calls maybe to security,then I had to sign it....But the outcome decision of the HamburgerSchaft was that I have to go to my country and come back with family reunion...I couldn't convince them because alot of law terms and quotation was used again me....despite the fact that I have been law abiding in this country and never with any criminal records....I feel this judgement is harsh on me and will for sure disorganize my simple and amiable family..how can I leave my fiance alone to take care of three kids,she struggle with one,talkless of 3kids....I decided to comply,cus they said my going to Nigeria is going to be for a short period,I took appointment,since August 21st,last year till now I didn't get no response of the appointment date....and I needed medical help here also...cus I am having breathing problem at night....pls need  help on what next to do,cus I don't to leave my family not even for a seconds....it seems the person in charge of my case is so powerful that everyone bow to him or her ....pls I don't mind coming over to any organisation with my family to explain my problem in physical....at the Moment,I have A1 and preparing for A2 exam in next month and am also working 20hrs due to decision from  my chef to reduce the hours from full-time due to low business...Thank you for your time and for this wonderful platform.

Comments

Dear @Mbeon-ruth do you have any Advice in this case? Thank you

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Dear Olamilekan, thank you for your question and for sharing your experience so honestly with us, we are very sorry to hear about it. Of course we hope you will get an answer here.

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@Olamilekan26, sorry bro for what u are going through. Thou, its kind of law for now.. But, you can make it easy and fast for urself... since u have book an appointment in Nigeria embassy in August 2021(Mind u this appointment takes 1year so, August this year 2022 u will be giving the actual date of appointment.) So, bro, try and do ur document verification from germany b4 going to Nigeria bcos this take much time and once its done then, believe me u wont stay long in Nigeria for ur visa. But, make sure u take pre-approval letter from ur Auslanderbeholden b4 travelling home....

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@kesskester28 if someone want to do his document verification before going back to Nigeria and come back with family visa , where can i do it in Germany? I mean the document verification and which document should i do ? Only the passport ?

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Someone with this Problem , what document should we verify and where ? Since we are in Germany already?

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@Olamilekan26 Don't worry bro, no matter what, they will let us stay , even if we have to go back since we have german kids already, so don't worry yourself.. my advice , just try to save your money since u are working so that u can take care of yourself while in Africa waiting for ur visa .. for me, I have same problem like u, am not worried much because i have save a bit ... though its rubbish to waste money on verification of documents, ticket to go and come back , feeding while in Africa, renting there in Africa till ur visa come out or if u have place to stay already , no need to rent house there ... so many things to use money on..try to save money before u go back... for me, my lawyer just appeal my case to court , i pray ausländerbehörde don't take away my working permit..

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Thank  you bro...

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@Olamilekan26 Bro , how is your case going ?are you in your homeland now or they have given you document already without you going back? I am still in germany , my case is still in court and i still have my working permit , still working ......

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Hello
   My case is far from been settled,the Submission committee at Bürgerschaft stepped in to stop the deportation process and adviced them on continual renewal of the Duldung until I decide at my own will to do the needful ie the family reunion process....but due to my health issues,I have decided to cancel the appointment in Africa.....bro,the decision to undergoing reunion family process can only be changed only if God intervene....Pls,think about it and don't be relaxed about waiting for court hearing,the court system in Germany is so biased that they always take side of various insensitive decisions from the various offices....anyway,Gudluck.

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@Olamilekan26 thanks bro.. good to hear all is well with u , I am happy for u.. the man in ausländerbehörde that is renewing my Duldung, sent me letter and said in the letter that he didn't take part of my negative decision in regard to my german kids because my woman wrote to them that i do assist and pay rent that is why he sent us that letter ..he said if they approve chancen Aufenthalt, I will benefit from it ....

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@Olamilekan26 though they have never Threaten me with deportation... they continue to renew my Duldung with permit ....

Answer 1

Hi Olamilekan,

Thank you for detailing your situation. In general, Nigerian nationals are obliged to enter Germany with the appropriate visa for their reason to live here. In your case, that would be a visa for family reunification issued by the German Embassy in Abuja. You would then enter Germany and apply for a residence permit as a family member at your local immigration authority (Ausländerbehörde).

However, in certain specific cases it is possible to apply for the residence permit with the Ausländerbehörde even if you did not enter Germany with the correct visa. An example is if the person has young children. There have been court decisions that state it is not reasonable to expect a young child to be seperated from their parent while their parent has to leave the country to apply for a visa. The court does not specify a particular age of such young children (in German it refers to 'Kleinkind').

As I am not a lawyer, I advise you to speak with your lawyer before taking any further steps. One option would be to write an application to be issued with a residence permit by your local Ausländerbehörde. In the application you should provide the reason why it is not appropriate to expect you to leave and go through the visa process (i.e. because you have a young child) and refer to the relevant court decisions. I would point out that you share custody, care for the children and live together (if this is the case).

The Ausländerbehörde are obliged to examine your situation as to whether you can be expected to leave Germany. If they reject your application, you can appeal their decision. You can also lodge an emergency injunction with the administrative court (Verwaltungsgericht) if the authorities are taking a long time.

Here is a good overview of the situation (I used an online translation tool to put it in English so it may not read perfectly):

https://***-advogarant-de.translate.goog/rechtsanwalt/gebiete/rechtsanwalt-fuer-internationales-recht/nachholung-visumsverfahren?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

You also mentioned health issues. If you have difficulty accessing regular medical treatment, in Hamburg there is this organisation which provides treatment to people who are without health insruance:

https://***.praxisohnegrenzen-hh.de/en/

I hope that helps, let me know if you have further questions.

Éanna

Comments

@mbeon-Éanna thanks for your reply, i will ask my lawyer to tell me about the paragraph in regard to the law . I will like to know which age limit is consider as young children because my first child is 2 years and some months , while the other is just 1 month old . Before the court date, my first child should be 3 years and some months since court date normally takes time . Pls will 3 yrs old child consider as young child?

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@mbeon-Éanna Eine paragrah 78 STGB Verwaltungsübertretung ist nicht mehr strafbar, wenn (bei Begehungsdelikten, z.B. Geschwindigkeitsüberschreitung) seit Abschluss der strafbaren Handlung drei Jahre vergangen sind. Daher darf nach Ablauf dieser Frist eine Straferkenntnis nicht mehr gefällt werd... coming to Germany without a visa fall under Begehungsdelikten , I know it doesn't apply to those that seek asylum, I seek asylum then and it has pass 3 years , and they didn't use it against me , so why ausländerbehörde bring it up when i apply for my german child tha i have to go and come back with a visa ... though my lawyer say it will use it in court since i am living in Germany for 6 years now and i wasn't judge for the first 3 years i came to seek asyl in Germany for coming illegal without a visa

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@felise Thank you for providing that information. Even if the way you originally entered Germany is still an issue with the Ausländerbehörde, it can in my opinion not be used to prevent you from receiving a residency permit here. The only is question is: can you be expected to leave Germany to go through a visa process. The answer in my view is no, because you have three young children. The authorities cannot demand you to leave your children for an extended period of time to get a visa so they have to issue you with the permit. Ask your lawyer for their opinion on this.

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@mbeon-Éanna they have already rejected me twice with the reason of coming 2016 in Germany without a visa so my lawyer just appeal it in court .. I have two german kids and i am working .

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@felise If there is an ongoing court case then it is your lawyer who can best advise you. I can only again recommend you speak to your lawyer about the rule about whther it is reasonable or not for a visa applicant being seperated from their child for an extended period of time.

Answer 2

@Felise, tell ur rathaus, or ur lawyer to write to Auslanderbeholden that u will like to do ur identity eklarung in africa. U go pay 665Euro, then, dem will write u d document dey need from u.. thats all try to do it from germany bcos if u go b4 do it then u will stay longer in africa.

Comments

@kesskester , my lawyer just apply for court and court date normally take time, u mean that before the court date , they will remove my work permit? Why ? Since i appeal it to court and they have my Nigerian passport, why will they remove my working permit ?   For the 3 years , they didn't judge  me as coming to Germany without a visa , now am 6 years already in Germany.... the lawyer say he will use it in court ... ..   but why will they remove my working permit when my lawyer have appealed it in court ?

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U mean they will remove my working permit after court hearing?  Or before court hearing,  if court decide that they agree with ausländerbehörde that i should go back, is that when they will take the working permit? Or before the hearing     .. if its before the court hearing,  then its bad from them because the case has not been judge  by court...  why I don't want to go yet , i want to work and save more , life is hard in Nigeria... I need more money to feed , rent, etc

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@felise, it all depends on the city. They can decide to stop ur work if u refuse to comply and they can also decide to gv u 25paragraph instead of 28 if they like.. but, u need to be wise with ur lawyer. and if you agree to go and come wth a visa, u dont need any lawyer again and try to go wth ur kid.. is your girlfrnd working? Have the Government or ur city or Rast ask for ur 3months payslip, house contract and how many people living with u do you hv A1 result? Dont rely on court hearing bcos they all work together.. Lol

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@kesskester28 I live with my girlfriend, my girlfriend will start working part tlme work soon because we just had another child of recent, 6 months from now, she will start working because tagesmutter will help is to **** after the smallest one ... they have not ask for my 3 months pay slip ... the thing is that i apply three times and they reject my application base on I come to Germany 2016 without a visa to Germany, then i seek asylum... my asyl finish and my woman born for me 2 years and some months back, so they rejected my application three times now, my lawyer just appeal to court , though he showed my girlfriend where its written in law that , someone that came illegally into Germany without a visa can only be judge for the first 3 years he came to Germany, if they don't judge him for that 3 years, then ausländerbehörde have no right to use it against him or her now... that is why he said , he will use that law in court against them... why will they give me 25 paragraph when i apply for 28 because of my german kids , its strange... have u seen anyone that they took his working permit while his case is in court ?

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@kesskester28 sure, if i must go back, i will definitely do the verification here , and take my first child with me to Nigeria... but I want to work more to save more money, but if they don't take my permit that means i will work and wait for court hearing... working is the main thing for me and I pray they don't take the working permit

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@kesskester28 , sorry, if i may ask , which document is 25 paragraph.... ??? ... have u seen anyone that they took his or her working permit before court hearing?

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@felise, please go and ask your lawyer since you so much believe in him... lol. Guy try and do ur verification.

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@Kesskester28 bro, i still have my working permit .... though my case is still in court .... the man in charge of renewing my Duldung, sent me a letter and said, he didn't take part in my negative decision in regard to my german kids... he also said when chancen Aufenthalt is approved , i will beneift from it since I have fulfiled everything require to get it.. Though I don't need it , i hope i will win ausländerbehörde in court ...

Answer 3

Yes bro...the chance Visa comes with certain conditions such as straight 5yrs with Duldung and some other conditions too but if you got this information directly from Ausländerbehörde,then you be happy.

Comments

@Olamilekan26 thanks, yea i got it from the man in charge of asyl there , he was even sad that they rejected me in regard to my kids because he is not responsible for that office ... yea i met all requirements for the chancen Aufenthalt..

Answer 4

Hello bro, i feel your pain,I would like to talk to you in private, if you don’t mind, contact me with my email address or send me your WhatsApp number in my email.

Best regards

Doosen.

Comments

Hello Doosen, this is Saskia from Wefugees. Unfortunately, we can not support such kind of communication, because we can not provide security. Since your profile does not show any other activities we have to assume that you might have other intentions than helping. We hope you can understand that. Therefore we will delete your comment. If you have any objections you are welcome to send us a mail to info@wefugees.de.

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bro if u have some good advice for him, i am also in the same situation and i need advice