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My husband came from Italy without any documents and also entered Germany illegally. I have a baby with him through her that he is processing for his resident permit.
Please question is, it is possible that Ausländerbehörde can sent him back home ( Ghana) for him to apply for Visa before coming again? If yes what can we do to stop this from happening? The child has Auf ss 33.
Thank you
asked Mar 4 in Legal advice by Lydia | 1 view

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Dear @Lydia,

Welcome back to the Wefufugees Community and thank you for reaching out to us again.

To get a residence permit will not be easy for your husband and it will be better to get support by a lawyer. The residence permit according to section 33 is issued to children born in Germany with parent(s) holding a valid residence permit. To have a better idea about his chances, it will be important to know which residence permit you are currently holding. Is your marriage officially registered in Germany?

If your partner applies for asylum, it will be rather unlikely to get recognised as refugee - due to various reasons. First of all, Ghana is categorised as "safe country of origin" in Germany, Furthermore, your partner was living in Italy before (and the Dublin regulations may apply).

I remember one of your last posts, however, in which you described your rather problematic relationship which you tried to escape from - therefore I am a bit confused now. Maybe you want to give us some more information on the recent developments.

So please don't hesitate to get back to us if you want to discuss your (family's) situation further and I am looking forward to your reply.

All the best,


answered Mar 8 by Meike
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