I'm a single father of two children, their mother is from czech republic and the children are living with me. I'm still having duldung as a documents... What can I do to get the right documents for me and my children
asked Sep 26 in Asylum proceedings by Bright_love
Hey :)

Thank you for your trust. You all live together in Germany, right?
No she when back to her country
And the two kids are living with
I have all custody for the children from court

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3 Answers

0 votes
Best answer

Dear @Bright_love,

Unless you have other residency opportunities (e.g. being a skilled worker), your residency rights are dependent on the residency situation of your children. If they continue to enjoy EU freedom of movement rights, then you have the right to a residency permit according to this rule of EU law: Article 20 of the Treaty on the Functioning of the European Union. This rule gives non-EU citizen parents the right to reside in Germany based on the fact that they care for the children and/or have legal rights regarding access to and custody of the children. It is not required to be working or have a certain amount of money to have this right.

However, as their mother have moved away, it is unlikely they continue to enjoy freedom of movement rights. For children this is most commonly the case when an EU citizen parent is working and as result the children enjoy the freedom of movement rights as family members of a person who is working.

There is a special rule regarding children who are attending school: If their EU parent at one time worked in Germany, then the children have a special right to stay in Germany until their school education has ended. It does matter for how long the EU citizen parent worked or how the work came to an end. If this is the situation for at least one of your children, then they have this special residency right. It is according to article 10 of the EU regulation No 492/2011. However, I am only certain of this right applying if the EU citizen remains in Germany and I also do not know if this type of EU residency is sufficient for you to receive the Article 20 residency as outlined above.

Based on the information you have provided, in my view the special rule Article 20 is the most likely possibility for you to receive a residence permit.

The relevant German ministry has published information on this special Article 20 rule and it says that for cases where the relationship is only between the non-EU parent and child, then that parent can (not must) be refused a permit in Germany. This can only happen if the non-EU parent has residency rights in the country of which the child is a national. That means that if you are not entitled to residency in the Czech Republic, then Germany will have to provide you with a permit.

In my opinion, the best course of action would be to make a written application for this special type of residency permit with your local immigration office (Ausländerbehörde). You should include documents regarding your custody rights and, if applicable, proof of any child attending school (you can get a paper called a ‘Schulbescheinigung’ from the school). Once you have made an application in writing, the Ausländerbehörde are obliged to examine whether you have the residency rights as outlined above and provide you with a written response.

As my colleague wrote, there are specialised services throughout Germany who can help you with this. It is important that anyone helping you is familiar with immigration law around family members of EU citizens. There may be other people, however, who see your case differently and have other ideas to me.

I hope the above makes sense. Unfortunately, it is a very complicated part of the immigration law. If there’s anything you do not understand, let us know.

Best,

Éanna

answered Sep 29 by mbeon-Éanna
Wow Éanna, thanks for your help and informations.. I really appreciate.. But how can I apply for this Article 20. At the moment my daughter she going to Tagen Mutter (day care). I have a lawyer he is not at any help at all with the matters..
Please how can I make it in writing to Ausländerbehörde
I used to work before(last year) I also stopped working because of the kids. Thank guys for the help
Please help me with what you know that I can do within my power
Thank you Èanna!
amazing

You're very welcome @Bright_love.

I presume you were working with a residence permit as a family member of an EU citizen who has freedom of movement? These residency rights were then lost when the mother of your children left Germany? When you say you have a lawyer, what has he done for you up to now? Has he applied for residency for you and if so, on what basis? Is he aware of the rule around Article 20?

Presuming you do not speak enough German to do so, you need to find someone to assist you with writing an application to the Ausländerbehörde. You can look for a migrant advice centre where you are living and ask there. Here you can search for an advice centre:

https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/

The application itself should not be difficult. It should state clearly on what grounds you are applying for residency and should be sent with supporting documentation. What may be more complex is if the Ausländerbehörde turn down your application. Then you will need a person who knows the law well enough to write an appeal (if there are grounds for appeal).

However, you do have a lawyer and any answer here cannot replace legal advice you can get from him. You should discuss with him before you make any new or additional application. I encourage you to find out what exactly the lawyer has done on your behalf and also to get copies of any communication between him and the Ausländerbehörde to allow you beeter understand what is happening in your case.

Here is detailed information (in German) about the different forms of residency possible for family members of EU citizens. The rule according to Article 20 is covered on page 13:

https://www.der-paritaetische.de/fileadmin/user_upload/Publikationen/doc/broschuere_freizuegigkeit-familienkonstellationen_2021.pdf

Good morning
Please I want to know what to do
Now that my children have czech republic passport
How can we get permit with EU passport
Please hope to hear from you soon
0 votes

Dear @Bright_love,

Welcome back to the Wefugees Community and thank you for your question.

I am sorry to hear that your situation has not improved since you reached out to us (here) last time.

I am afraid, though, that it is a bit difficult to give you a tailored answer without knowing your case and the current conditions in detail (i.e. your income/if you work in Germany, the children's situation etc.). Do the children have the Czech nationality? I would highly recommend you to contact a refugee/migration counselling office for individual advice.

You may use this search engine to find a respective office close-by - let us know if you need help with that. 

In any case, please also don't hesitate to get back to us with any further (maybe even a bit more specific) questions.

All the best,

Meike

answered Sep 27 by Meike
0 votes
I asked my lawyer about the article 20
He said that he never heard of it or neither know it... The link you sent to me.. I wrote they. No respond yet, if there is link where I can download the forms
Please let me know
I have a friend who can help me fill out the forms
Thanks for your help and understanding
answered Oct 17 by Bright_love
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