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Hi Wefugees,

I overstayed my visa in the Netherlands and due to stress and other reasons, I got sick for more than a year. I couldn't get medical help in the Netherlands but I was told I could get it in Germany.  

So I managed to travel to Germany with a valid passport but of course with an expired Visa.
So I got medical help and recovered very well.

To cut the story short, I met a German man and currently have a child with him.
I applied for a recidence permit with the help of an immigration adviser.

I recently got a  letter from the Auslanderamt that my permit 28 Abs.1s cannot be granted me now until 2025 because I entered Germany without a Visa and also stayed a while before reporting at the auslanderamt.

However, I will be granted permit 25 Abs .5 until my expulsion interest is expired in 2025, then I can be granted 28 Abs.1 .

I am allowed to appeal but would I be granted permit 28 Abs. 1 if I explain that I came to Germany for medical help?

Or It's better to agree to their procedure and accept permit 25 Abs .5

And can I work and travel with 25 Abs. 5?

Thank you in advance
asked Jan 9, 2023 in Legal advice by Phiona | 865 views

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1 Answer

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Dear @Phiona,

Thank you for reaching out to us.

I think in the meantime we answered a part of your question (esp. about travelling with a residence permit according to section 25 (5)) already this comment section, right? And yes! You are allowed to work!

I am not a lawyer, but the procedure of the immigration office in your case sounds not bad to me. I am not sure whether an appeal based on the argument of coming from the Netherlands to Germany because of medical needs will help here.

Do you agree dear @mbeon-fardeen?

In any case, please also don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Jan 27, 2023 by Meike

@Phiona , what year did you came to Germany? What will expired on 2025? Your illegal crime ? I mean u came to Germany without a visa.. after 3 years then the illegal coming is over maybe that is why they gave you paragraph 25.. that mean i will win against this people in court because I was told to go back and come back with family visa and i have lived in germany for more than 5 years before they use it against me ... I am referring to paragraph 78 STGB, which state that any other crime that is more than 3 years can't be use against someone again.. this illegal coming is part of it maybe that is why they tell u to wait till 2025 .. what year did u came to Germany?

Hello, Yes my question about travelling has been answered. Thank You.
And i am glad that i can work with it, thanks.

My Lawyer said the same thing about the Appeal so i would have to accept their procedure.
I came to Germany year 2020. Interest for deportation will expire in 2025.
@Phiona u didn't notify the ausländerbehörde on time when u came germany that means u are not up to 3 years here .. that is why they judge u for coming illegal without a visa ... though u are lucky that they grant u paragraph 25, in most cases they don't grant , rather u will go back home and come with a visa.. by 2025 , lets say it will be more than 3 years according to 78 STGB... then they can grant u paragraph 28... if its so, i will win against ausländerbehörde in court in regard to going back and coming with a visa because i have lived already 4 to 5 years before they came up with going and coming back with a visa ...
Yes you are right. I wish you all the best in court.
@Phiona thank u
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