Reject resident permit

Question

Halo good day everyone I feel very sad and dis hearted if anyone will can answer me

I’m married with my eu wife from Poland from 2018 September we are already 4 years and 5 months married and 4 years and 4 months I already have resident permit based on my marriage with my eu wife

From last 4 years and 4 months I’m working full time plus mini job I have 8 months more to complete my 5 years stay in Germany

My wife left Germany and went to Poland with my child and my child holds German passport

Despite all this long 4 years 4 months I’m working and we are married just because of some different reason my wife suppose to leave Germany I make appointment to Auslanderbehorde and told them that my wife left Germany and I’m living here alone they give me appointment and today I was in Auslanderbehorde and I told them all that my wife need go poland and she is abmeld in Germany and my child too but our marriage continues and will continue they said in this case I have no right to live in Germany because my resident permit based on my wife I have told Auslanderbehorde that I’m near 5 years in Germany it’s just some months missing they say we can’t do nothing it’s law and they say go home talk with wife bring her back and she must meld here again and all will be fine

But it’s not possible I would bring my wife here back because we have another problems with Jugendamt and my wife don’t want work with them so she left Germany

Now I really have no idea what to do and how to do 4 years and 5 months I’m married and still continue our marriage and I work and all is fine with life but they refuse to give me another resident permit

They just send me home without any papers any writing or anything I still have my resident permit valid till 2025 they don’t take it from me or give me Nothig in written just send me home and said talk with wife and decide something and you have 4 weeks time  

Now really I messed in my head what am I suppose to do go to a lawyer or what

Or if really they will ask me to leave country or they can force on me deport or anything I’m shocked I have read already that after three years marriage they can’t throw me out side Germany and I’m 4 years 5 months married

And 4 years 4 months I have resident permit

Plus my son will be soon 4 year old and he is deutsch and he lived with me all these times now go with mother to Poland

Please anyone guide me I’m feeling so much disappointed

Best regards

Answer 1

Hi @Musawvir,

I previously answered a question of yours about your situation here.

The information you received at the appointment is incorrect. The law around EU and non-EU partnerships in Germany is complex and so it is important you do not accept information about this as valid without checking it or having someone with experience in this area check it.

In my previous answer I detailed that, based on the information you provided here, you are entitled to a residence permit according to paragraph 3, section 4, part 1 of the law on EU freedom of movement.

I recommend you make a written application on the grounds of that part of the law and point out that you fulfil the following requirements:

• You are working
• You have been married over 3 years
• You lived together married with your wife for a least one year in Germany before she left

I cannot see any grounds on which they could refuse you a residency permit once you fulfil those requirements.

Best,

Éanna

Comments

Thanks a lot for answer yes I have explained all to them like I’m living in Germany 4 year 5 months and I’m married all this time and all this time we lived in Germany they still refused this all informations and asking me if I have Ausbildung or something profession I say no they say we can’t do Nothig and they send me home without any paper or anything they just said go home talk to your wife and think what you can do

I’m very disappointed because they say my relationship is continue and my wife and child don’t live In Germany so I have no rights of resident too

Thanks a lot for your feedback

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Plus I don’t know how to write application to Auslanderbehorde for this particular paragraph 3 section 4 part 1 how I can write that because I have told them that and they won’t agree with me

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Take a lawyer if you don’t no how to defend yourself

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Helo good day yes I try my every best to explain the three years rule and all the officer wasn’t agreeing he says same thing no wife in Germany even 1 day less in 5 years it’s problem it was no point to argue more I have already make termin with lawyer that’s the best option in my condition I’m not able to defend myself alone anyways cheers a lot

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You're welcome. On what grounds did they say that the particular paragraph doesn't apply to you?

You can either get a lawyer or a migrant advisory service to help you with this. The application  in writing should make reference to the particular law and how you fulfil the requirements (see my answer above).

You can **** for a migrant advisory service near you here:

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

Their help is free of charge.