Hello wefugee team,
I am the main applicant of my case and if my family reunite with me here will their case be connected to mine? They will get the residence permit same status as me? And if I cancel my asylum will their resident permit be invalid?
asked Jun 2 in Legal advice by Jeddy
Dear Jeddy, Thank you for contacting us. Could you give us some more information? When you say family, I think it's important what your relationship is to that family. Are they uncles, aunts, nephews or maybe even children? I will link our expert @Mbeon-Gabriele here, she can certainly help you with your question. With best regards Saskia
By family I meant my wife and my kids, will their application be dependent on my case?

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2 Answers

0 votes

Hello @Jeddy,
welcome back to WeFugees. 
Your question can only be answered in general terms without more detailed information. If you have been recognised as a refugee, you can bring your wife and children to you via privileged family reunion (see also my answer on privileged family reunion "Parents and siblings in Canada want to sponsor me" - Wefugees). It is important that the application is made within 3 months of your recognition. When your family arrives in Germany, your family members can get a residence title according to § 30 AufenthG (spouse) or § 32 AufenthG (children). These residence titles are earmarked, i.e. for the spouse and children it exists for the duration of the marriage or the duration of your residence title. 
However, it is also possible to apply for family refugee status according to § 26 Asylum Act. This must also be done within 3 months of entry. The persons joining the family receive a status independent of the main applicant. 
Many persons joining their family first apply for a residence permit according to §§ 30 and 32 AufenthG, so that the persons can then already apply for benefits according to SGB II. Since this residence title does not expire when family asylum is applied for, it remains valid for the duration of the family asylum procedure. Unlike in the regular asylum procedure, the persons joining the family are not redistributed. The remaining procedures, however, correspond to the regular procedure. An identification procedure and a hearing at the BAMF are required.
I hope my answer was able to help you. If you have further, more specific questions, please feel free to contact me via the online consultancy for migrants (free App MBEON) and there you will get confidential one-to-one advice in a safe virtual room where nobody can wiretap massages. Search for "Coesfeld, Fr. Groß". 
Best regards
Gabriele

answered Jun 8 by mbeon-Gabriele
0 votes
Hi,

I see here two different situations which I will try to answer:

1. Your family comes to Germany while you are still in the asylum process

Your cases will all be examined together as a family. If one of the following types of residency status is then given, all members of the family will receive that status:

Refugee status

Subsidiary protection

If, however, a status of deportation ban (Abschiebungsverbot) is given, it is not necessarily given to all members of the family. This means one member of the family could receive a deportation ban while another is obliged to leave the country.

Here is more about this from BAMF:

https://www.bamf.de/EN/Themen/AsylFluechtlingsschutz/FamilienasylFamiliennachzug/familienasylfamiliennachzug-node.html;jsessionid=8D2A1079F4A636AC84F60BC68194571C.intranet241

2. Your family comes to Germany after your case has been decided upon

If you receive a protection status (refugee/subsidiary protection/deportation ban) then if certain requirements are fulfilled, your family can receive a visa to come to Germany. When they get here, they will receive a residence permit as your family members (this is a different kind of status to yours).

They have the option when in Germany to make their own applications for asylum. You would need to discuss the advantages and disadvantages of doing this beforehand.

If your case for protection is turned down and you receive a Duldung or deportation order, then you do not have the right to bring your family to Germany.

Here is more information:

https://handbookgermany.de/en/rights-laws/asylum/family_asylum.html

Let us know if you have further questions about this.
answered Jun 8 by mbeon-Éanna
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