Hallo,

Can a refugee in Germany ask someone to invite her child below 12 years to any EU country eg have the child to live in Poland whilst the parent await for asylum documents in Germany?

The child is living under bad condition and no-one to take care of the child. Thank you and if its possible how do one go about it?
asked Sep 17 in Asylum proceedings by Simi

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1 Answer

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Dear @Simi

Welcome to the Wefugees Community and thank you for reaching out to us. First of all, I am very sorry to hear about the child's bad situation and I can imagine how difficult it must be for the parent here in Germany. 

Unfortunately, I can not think of a possible solution of this problem for the time being. The family reunification (visa) process is not possible as long as the asylum procedure is still ongoing and the decision on the application pending (with the family reunification within the EU in the context of the Dublin regulations as exception). In case the parent will get accepted as refugee (or get the "subsidiary protection") in Germany, the minor may be able to get a visa. Since this process can be quite complicated as well (both parents need to agree or it needs to be proven that the parent in Germany has the sole custody etc.), it is highly recommended to get support in an experienced refugee/migration counselling office. 

As I am based in Germany and I am not familiar with the immigration/residence law in Poland, for instance, I can not exclude that a visa process might be theoretically possible outside of Germany. In any case, I think it will be important for you to get in contact with an already mentioned counselling office in order to assess your individual situation and the options in detail. There are numerous counselling offices all over Germany where you can receive free of charge, professional and confidential counselling. Please let uns know if you need help in finding such an office in your area. 

I will also link my colleages dear @mbeon-fardeen and @mbeon-Éanna here, maybe they have another idea or correct me if needed. However, also don't hesitate to get back to us with any further questions. 

All the best, 

Meike

answered Sep 18 by Meike
thank you for the reply. The child can be accompanied by a relative and they visit Germany with Schengen visa via Poland. It will be a visit maybe a month or so while we wait for my  resident permit to come out.

This isn’t family reunification because the child will not be relocating to Germany but visiting. She will reside with me  when the residence permit is out.

2.Are you saying a refugee holding Aufenthaltsgestattung can’t see relatives if they visit them in Germany?
 
l have Aufenthaltsgestattung and in few months l am submitting my documents for residence permit hence that is why l opt for this the child’s situation now is unbearable. Thank you

Hi @Simi,

Based on your question and comment on Meike’s helpful answer, I want to add the following: If the child is able to get a Schengen visa via Poland then yes, they can visit you in Germany and you can see them while you have Aufenthaltsgestattung. It is not clear under what circumstances you will in a few months be submitting your documents for a residence permit. If it is an asylum case, a permit is issued primarily based on an interview with BAMF (potentially with supporting documentation about your personal circumstances).

The relationship between you and the child is also not clear. Any child travelling without their parent(s) or legal guardian will have to accompanied by someone who has been given the permission to do so by the parents/legal guardians. Authorities in Poland and Germany will check this. If there are any doubts about the situation of the child and as you mention the child being in an unbearable situation, the child could be provisionally be taken into care by the authorities in either countries, until her best welfare can be assured.

You write that the child will not be relocating but visiting, and then go on to say she will reside with you when the residence permit is out. If it is your child and you wish for her to live with you long-term, then you can either make an application for asylum or family reunification on her behalf. You can do this already while she is visiting you in Germany.

Best,

Éanna

Finally you understood my question
1. l was responding to previous message where it states she can’t visit me then l said she will be visiting and later she will live permanently in Germany with proper documents not visit visa. 2. Off course any child under 12 require special arrangements to travel and a consent much be written. At least its clear now l was confused that if you hold Aufenthaltsgestattung you can’t have visitors. Thank you for clarifying this.
Sorry did you say l can also make asylum application on her behalf with my Aufenthaltsgestattung if she arrives in Germany?
A person with an Aufenthaltsgestattung can meet with whoever they like. What they cannot do is invite people as part of a Schengen visa application. There is also the separate question of accommodation. If by ‘visit’ you mean the child will stay in your accommodation, then depending on the type of accommodation you have, that may need to be approved in advance.
 
She can apply for asylum in Germany. As part of the Dublin regulations, Poland would in one regard be responsible for processing the application, as it issued her with a visa to enter the EU. However, if she has a family member in another EU country (i.e. Germany), then the application would be processed there. My assessment is based on the very limited information I have; there may be questions about the other parent, the child’s situation prior to this and custody and welfare arrangements.

Alternatively, if you are issued with a residence permit with refugee status, she can apply directly with the local immigration office for a residence permit as a family member. Normally this would first require her to leave Germany and apply for the relevant visa but as a minor with you in Germany an exception to this rule can be made.
Thank you for responding with detailed information.
Here is additional information regarding the visa question you asked:

A person resident in Germany can invite a child to visit Germany as part of the application process for a Schengen visa. They cannot, however, apply for a visa on the child’s behalf. The child can apply for a visa at the German Embassy in their home country but the application form needs to be signed by both parents. A travel authorisation is also necessary and this has to be signed by both parents and submitted along with copies of the parents’ passports.

Here is an example of the documents required for a person resident in Cameroon:

https://jaunde.diplo.de/blob/2116242/99fbe296ecc073bf07bbd962bafc0231/checkliste-schengen-eng-data.pdf

In addition: if someone other than a parent or legal guardian is accompanying the child to the German embassy, this person will have to have a letter of authorisation (in German ‘Vollmacht’) from the parents.
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