Hello. Wefugees Team. I applied for Aufhenthaltserlaubnis for me and my family some months ago. We submitted all the required documents and thumbprinted at the Ausländerbehörde.
Recently, I got my Aufhenthaltserlaubnis (paragraph 19D), but didn't get for my wife and two children. I called and asked them the reason and they said they need B1 Sprachkurs from my wife in order to complete her Aufhenthaltserlaubnis application and that of my children.
My question is: This sudden B1 requirement wasn't part of the said requirements when we earlier applied and we all live together in one apartment with our children. Why are the Ausländerbehörde denying my children Aufhenthaltserlaubnis because my wife doesn't have B1, and I want to know if my children doesn't have the right to Aufhenthaltserlaubnis due to the fact that their father has one (paragraph 19D).
Please you guys should help me with a good lawyer that can fight this for my family because i don't know if it's because i did the Aufhenthaltserlaubnis application all by myself, that's why they are making us pass through this stress. I need your urgent help on this issue because my son's chances of going to school hangs on this Aufhenthaltserlaubnis. We live in Baden-Württemberg.
Best Regards
asked Aug 26 in Legal advice by Collin

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1 Answer

+1 vote

Hi @Collin,

A certificate of B1 German is necessary for your wife to receive a residence permit as your spouse. This rule is laid out in paragraph 30 of the Residence Act:

https://www-gesetze--im--internet-de.translate.goog/aufenthg_2004/__30.html?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

The only possible exceptions I am aware of in this situation is if the person has a disability which prevents them from learning German.

The rules for children joining a parent are covered in paragraph 32 of the Residence Act:

https://www-gesetze--im--internet-de.translate.goog/aufenthg_2004/__32.html?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

I assume the applications for your wife and children have been made together and this is why the children’s permits are dependent on your wife receiving a permit. As I understand paragraph 32, you could make an application for the children according to section 3 of it. This would mean your children would apply independently of your wife. Assuming you and your wife both have custody, she would have to give her consent to the children staying with you in Germany. This could mean ultimately that your children would receive permits but your wife would be expected to leave the country. Alternatively, she may receive a Duldung due to the children.

Could you explain the issue around your son's schooling related to this? I assume he has been in Germany for at least six months? If so, he is obliged to attend school and a Duldung is sufficient identification for him.

Let us know if you have any other questions.

Best,

Éanna

answered Aug 29 by mbeon-Éanna
Perfekt!
Thank you Èanna :)))
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