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Hello greetings to everyone. Please I'm in a very difficult situation and I would need your advice. I'm an asylum seeker, my asylum has been rejected and decided by the court. Which means I don't have asylum anymore and I'm ask to leave. But at this moment I have two German kids and now that I'm hoping get my stay and work after 7 years in the country. The Ausläbderbohörde want me to go back to my country Nigeria and come with a visa. Which I don't want to go. At the moment the Ausläbderbohörde said they are not going to give me stay either a job permit. So I don't know what to do, I wanted to take the case to court I don't know how to do that either. Also my lawyer is not actually helping either, he is after his own easy way. So I'm glad to as much advice I can get her Thank You
asked Sep 12 in Legal advice by amas | 1 view

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Hi @amas

Generally in such situations, it is required to leave the country and return with the correct visa.

An exception can be made for parents of young children. As young children are unable to understand a long absence from a parent, in such cases it can be seen as unreasonable to require the parent to go through the visa procedure.

There is no clear definition of how long an absence is acceptable and until what age a separation is considered unreasonable. If the Ausländerbehörde persist in requiring you to leave the country, you can take the case to the administrative court (Verwaltungsgericht). However, be aware that there have been different court decisions on this matter. You need to discuss in detail your options with your lawyer.

Has your lawyer made this point to the authorities? The rule is in paragraph 5, section 2, number 2, part 2 of the Aufenthaltsgesetz.

This article (in English via an online translation) gives a good overview on this issue:


I also previously answered a similar question here:




answered Sep 13 by mbeon-Éanna
Felise…Exactly my brother you really said it all. I don’t really see any difference. You could also have some problem when traveling to Nigeria and also spending money. They we travel to your village to verify all the documents you gave them . I don’t see any guarantee to do family reunion visa when you are already living here in Germany with your kids… I think that is not necessarily, its total wast of time money and energy!
@Felix15 yeah bro, if you have the opportunity to get 25B , take it.. 28 or 25B both lead to German pass , with 25B you are free from German woman problem if you guys are no longer together . Secondly u won't waste money for tickets to and fro... just imagine how much you will spend in tickets for you and your kids , and u will feed them also in Nigeria, if u don't have house there , so u want to take them to your family house? Bro , if you have opportunity to have 25B , take it sharply , don't let anyone to deceive u, 25B is cool...
@Felix15 I have collected the paper that show that I am expecting my aufenhalt card 2 to 3 weeks from now.. so I no longer use duldung anymore . They gave me 2 years permit .. I ask the man for ausländerbehörde, he said after this 2 years, I will get 3 years then I can decide to apply for deutsch pass if they have approve the 5 years to get German pass with B1 certificate ...
@felise that is wonderful to hear brother…congratulations !!! yes i think so too and the new law we be in effect in 2024.
@felise How many weeks or months since you fillout the application??
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