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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, 2023 in Legal advice by amas | 818 views

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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:

https://***-advogarant-de.translate.goog/rechtsanwalt/gebiete/rechtsanwalt-fuer-internationales-recht/nachholung-visumsverfahren?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

I also previously answered a similar question here:

https://***.wefugees.de/813037/stance-chance-despite-having-german-country-family-reunion?show=813054#a813054

Best,

Éanna

answered Sep 13, 2023 by mbeon-Éanna
Thank you very much for the reply.
   I'll really like to take this case to court. Because leaving children behind at this point were they still a baby the youngest is just few weeks old. My question again is. How do i take this matter to the court, do I also need the help of a lawyer to do that. Because my lawyer isn't really showing action against the case. He told me is either i live with continue renewing of  Duldung or or he can help me secure a paper of like an agreement that'll fasting the visa process, but he said is still risk because that not a guarantee that I'll get the visa he cannot actually say. So how can I take this case to court myself and what you think is best of options. Because I'm a Nigerian nd things don't happen easily in that country no matter what
@amas if u have no criminal case, u are still working, u have A2 certificate, u have leben in Deutschland certificate or Einbürgerung certificate, just apply for Paragraph 25B.. its also a good document.. I was in this similar situation like u but I will receive my document on Wednesday next week, Paragraph 25B ...
@amas going to court don't help, u have a good lawyer, he told u the truth... that is same thing the lady from ausländerbehörde told my german gf.. she said court can't do anything and we are wasting our time because the state have the interest that I must go back to my homeland and come back with family reunion visa... she said also that my lawyer is not telling me the truth that I can win it in court , she said the lawyer is only after my money.. though my lawyer is a good person.. u can still try court ..just hope and pray , all will be well... but try to apply for Paragraph 25B if you have those documents I just mention to u..
I actually don't have any of those. I have been stop from working and yes I also have a criminal case which will be closed in two years from now according to my lawyer. Because of that I'm not even allowed to go to school. They said they'll allowed me work only if I sign a paper that if start working I'll save money to go to Africa and come with a visa. But I'm actually thinking of going to school and pay for myself
You’re welcome.

The process is generally as follows:

I take it your lawyer has made an application for a residence permit according to paragraph 28, section 1, number 3 (parent of a German child) of the Aufenthaltsgesetz for you. The authorities are now saying you can get this permit if you go back and complete the visa process.

Your lawyer is correct in referring to the possibility to get a type of advance confirmation for the visa process. That means the Ausländerbehörde gives already its approval for your visa application which would speed the process in Nigeria up.

If you still do not wish to leave the country: At this stage the lawyer can point out that as you have a baby, it is not reasonable (the important term in German is ‘zumutbar’) to require you to leave Germany. He should provide legal arguments for this. Has this been done?

If the Ausländerbehörde do not accept this argument, ultimately they will reject your application (Ablehnung).

Your lawyer can then appeal this decision with the Ausländerbehörde (Widerspruch). If the appeal is also rejected, you can then submit a lawsuit (Klage) at the local administrative court (Verwaltungsgericht).

You do not need a lawyer to submit a Klage to the court. You do, however, need to follow the correct procedure and provide good grounds for your lawsuit (such as are referred to in my original answer).

I am not a lawyer and cannot provide legal advice. The above is a general overview of the procedure to take a case to court. I recommend you either discuss this option with your current lawyer in detail or seek out alternative legal advice. There are potential costs in taking a case to court.

In many parts of Germany there is regular free legal advice which can give you some general advice (they are not specialised for immigration law).

If you wish to consult a different lawyer and depending on your income, you also have the possibility to apply for free legal advice (Beratungshilfe) or free legal proceedings (Prozesskostenhilfe). You can apply for this with your local Amtsgericht. Here is some information about this via online translation:

https://***-bmj-de.translate.goog/DE/themen/wege_zum_recht/gerichtsverfahren/prozesskostenhilfe/prozesskostenhilfe_node.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Best,

Éanna
Good news that you having your residence permit next week! How long the process takes until now ?? I'm also waiting for the Auslanderbehörde but until now no reply..
@felis Good news that you having your residence permit next week! How long the process takes until now ?? I'm also waiting for the Auslanderbehörde but until now no reply
@felise Good news that you having your residence permit next week! How long the process takes until now ?? I'm also waiting for the Auslanderbehörde but until now no reply
@Hakeem thanks , though my process is fast because I am qualified and i have submitted all documents to them, it didn't take long . What makes it to take a bit long is because I had to do Einbürgerung test... after getting it last week, I submitted it to the man in charge of my case through email, then he forward it to his boss... so I get appointment on Wednesday next week for finger print and take back my country passport and a letter to show that I am granted resident permit and I will wait for the card ....though my woman helped me alot with calls...
But I think you where never having all this issues about going home and come with a visa right. And what region are you. Is it NRW or Baryern
@amas I have it.. I have two german kids... I am already 7 years in deutschland, I don't have no criminal record .. for paragraph 28, they refuse it because I came to Germany illegally without a visa .. so i have to go back to Nigeria and come back with family reunion visa... they rejected it twice , my lawyer appeal it in court , since last year till now no reply from court , going 10months now but I work on myself by writing A2 deutsch exam and also Einbürgerung test.. I made them, so I apply for another paragraph which is also good.. paragraph 25B abs 1.. I will get back my Nigerian passport on Wednesday and I will thumb print too on Wednesday.. after Wednesday, I will wait for the card ... that is all.. for Germany, try to stay away from crime...
@amas, please forget what people says here because firstly city matters... I was in ur situation and I am also married to a German with 2 lovely kids but, still I was asked to go home after fighting them for 5 years plus. Blood I finally went home and it was very fast in less than 4weeks in Nigeria I was granted and am back since.. And I have my 28paragraph 1. (mind u, make sure u go home with ur kids)
ObumKelly …**** everyone situation is different , especially if you are from Nigeria. Regarding the document verification, if they find any mistake with your age or name in your primary school or secondary school certificate. You will never get a resident permit in Germany, because they will say you lie with you real name and age , they believe more in primary and secondary schools name and age than the one in your Nigeria passport . Everyone situation is different, getting a family reunion visa if you from Nigeria is not that easy it’s complicated . Make sure that before you start doing document verification every of your information back home in Nigeria is the same with your Nigeria passport.
Oga, forget all stories!! Normally, before anyone goes home for a family reunion visa, firstly make sure u do ur verification from here in Germany and make an appointment for the visa from here too and once ur verification is done and good then, wait for ur appointment date then, go home few days before ur appointment time. Mind u I went through the process and am talking from experience!  (u can never compare paragraph 25b with 28.....) how u have a German kids and u accepted 25b. Hmmmmm nor be juju be that?? It's like a wasted years with ur life with ur German partner oooo..
@amas, write me on my email Obumkelly79@gmail.*** I will put u through. Mine was very fast.
@Obumkelly79 what makes paragraph 28 better than 25B? At the end shey both will still get german pass with B1 certificate? If yes then I see no difference.. the only difference is that with paragraph 28, u will get permanent stay after 3 years of using it, while with 25B , u will get permanent after 5yrs... That is the only difference, both lead to permanent and German pass . And with both u must have Einbürgerung certificate and B1....to apply for german pass... no better difference....
@Felix15 , if u have 25B , ur woman can't control u .. I know of one guy in my city with paragraph 28... the lady that born for him, though they are not together anymore , the lady is making life hard for the guy through the child, always threaten him ... with 25B ur mind is free, even if there is F up along the way , u lose ur right to ur child, u still get ur resident.... no woman can control u... u will waste money to get tickets to and fro... so if u have the opportunity to get 25B , take it.. your working won't stop, u will continue to be making money, saving and u won't waste money for tickets for u and your kids to and fro... later on you can still switch from 25B to 28 but I see it as rubbish , I won't switch , I will build my 25B to German pass ... the only certificate I need now is B1.. from next year , u can apply for German passport for just 5years with B1 certificate, that means after using paragraph 25B for 5 years , u can apply straight for German pass.. u and those that have paragraph 28 , will apply for German pass same time... so no difference.. don't let anyone to deceive you, paragraph 25B is good document.. for him to say u wasted your years with your German partner just because u decided to apply for 25B abs1 which is also a good doc, that means this dude called obum is with his German woman because of document and the kids he have , he have them also because of document... he should pray his wife didn't see his message here... I love my kids no matter what document I have , as long as I continue to work, save and not waste money for tickets to and fro like obum
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??
@Hakeem my case didn't take time bro, my woman has made problem with ausländerbehörde before because they refuse to give me paragraph 28 , when I applied for the 25B, it was very easy because the man in charge of my case knows how my woman behave , so he did it quick .. he don't want that smoke from my woman ... all calls to ausländerbehörde was done by woman, the only thing I did is to go to ausländerbehörde office to thumb print and take that paper that I am expecting my card 2 to 3 weeks from now . I submitted all what they want for paragraph 25B... after submission, the rest was fast .
@felise, please try to be truthful sometimes.. Why do you say ur case didn't take time!! Do u remember me and you where in the same issue since years? Just went for a appointment for finger thump print while am already back from Nigeria for the family reunion visa and I was granted 3 years with 28 abs1. I only spent less than 4weeks in Nigeria. Another thing I will clearly make understand right now, don't ever believe is because your woman make problem with Auslanderbeholden that make u have ur document.. (fat lie....) if your document was given to you because of ur woman problem (calls) bro, you would have be granted 28 Abs 1 at least for having German kids with ur woman... Bro, you where only granted 25b because it's ur right by law since u have stayed here for more than 5years! Lastly..... please stop deceiving people here because cities in Germany differs.. In some city when u call them too much it will even make ur file(case) stay longer.. mind u, your woman is not a lawyer but, a house Frau who doesn't even work to add value to the economy so, government won't even listen to her oooo....
@Obumkelly79 one thing I know about Nigerians in europe, they think they are better than others or what they have is more better but no level that is why I don't make friends with my fellow Nigerians in europe .. anyway thank God I didn't waste money like u in going to Nigeria and coming back, all my savings are in tact.. secondly, I didn't stop working like you for less than 4 weeks, I got paid.. thirdly I think I got a better white woman than u that is fighting for me .. lastly , I am not deceiving anyone because when they rejected my case then twice, my woman really make problem with them, unlike your olosho white that didn't do anything. They didn't listen to her not because she is not working but because they are following the law of coming to germany illegally without a visa , this is what is going in germany now and it doesn't matter if your woman is working or not, my Ghanaian friend case was rejected, his woman work and she also make problem with the lady in charge of visum, foe the dude to go back and come back with family reunion visa but her complain didn't work.. let me shock u, the dude didn't spend money to go back and come back the way u did.. he also got 25B by right as u said .. your woman works right, why the government didn't listen to you or her for 5 years of fighting them? It's because your woman don't have level, those fat german wey nr get level . U wey get 28, people wey get 25B, the ones wey respect german law, keep on work and integrate well will still get German pass, so chill no level, don't feel too big , after ur 3 years, u will have permanent, if the approve the citizenship for 5 yrs, after two years of using permanent u can apply for German pass, it will be same time for those that have 25.. so take a chill pill . Just focus on loving ur kids because from your statement we all know why u have them... don't ever think they will give u German pass with 28 without B1 , Einbürgerung certificate and working just like 25B..... same process mate... .. una woman go control una sha with 28
@felise, I laugh u.. Und because say what you know.. I work in a big company here as LKW driver and I have all the results. I e.g B1 etc.. I am the first African in the life of my wife she never had kids b4, she is a nurse!! Not like ur second hand wife bro.. My kids recently travelled with me to America alone... (so u see our connection) lastly I went to Africa for family reunion visa so that I can use the opportunity to see my family back home and also see my investment so far... I have more than 4 apartment for shortlet in lagos incase u travel home.. So, mind what u say to people u don't know from Adam! And stop advising people on what to do here because everyone have different file and cities differs in Germany. (I know u very well.... Ur baby mama once had kid for African and u are the only one working... U once live in Munich)
@Obumkelly79 ur woman na nurse na dem still suffer u for 5 years and u still go back , u have more than 4 apartments for lagos na u buy cheap things to sell in germany even ask me to buy for u , hahaha , for the travelling to USA aspect I fit believe that one because if person get document and little money e can travel.. if I wan take my kids to that US now I can, the owo dey wella... u nr sabi lie.. U think say na naija u dey wen u dey feel say dem dey see level here ? Hahaha mugu.. naija mentality na u carry cm europe .. guy no level for u or ur woman .. I sure say dat 4 weeks u spent for naija , ur woman blow anoda dude .. dat one sure ... we all know german women... for ur mind u get better woman, if na woman matta for EU, e nr get wetin u wan talk because I nr be baby for d game... Mr know it all.. mugu.. no level.. as naija, una mentality too low, u think say here na continent wen dem dey do big man or who get money pass , hahah small boi.. at d end ur woman go still know say na document mk u get those kids ....
@Obumkelly79 e get one mumu boi for this platform called Victor, e get like ur mentality dat is why I block him on WhatsApp.. he dey reason low like u, he feels naim get Germany but no level, even he woman wey he tk dey brag, the first time he mistakenly post her for he whatsapp status , I laugh tire , she fat like mumu.. hahahaha .. na so u be too, ur woman never born for another dude b4, atleast na from someone dem dey start , as she born for u, na so she go born for another man , na so dem life be , small boi wey nr know watsapp.. hahaha ... no level .. at the end we all get document, we all dey work and we all get kids ... na who cm love his kids genuinely na matta because I know say those ur kids na document mk u get dem
@Obumkelly79, be like u think I be man wey person fit intimidate, guy even for my work place , I nr dey fear chef leiter or Germans talkless of immigrants like u.. mugu
@felise, always say what u know dude.. I know Victor very well and he get reason why he marry who ever! As for me my kids are twins and live with me..... If u need my info I go give u make u for Google about me. U think say me dey die or love Oyibo? I laugh u... Try visit naija that one go confirm say u truly get document.. Someone with document without visiting home, still belike who nor get document oooo.. I so, close ur mouth and learn from US the elders.. U be small boy from Esan land.
@Obumkelly79 na everybody wan visit bongo? U mumu sha .. dey play.. 10 years from now, naija nr dey my mind and dat country no level like u... be like say u be from esan, mumu esan pipu, even if u be benin, mumu benin boi.. naija pipu like una, una too mumu... nor worry, u go pay child support soon because ur woman go soon kick u out ..hahaha she say u nr sabi F
@Obumkelly79 be like today u dey bored , go focus on ur olosho.. I dey business they create my online store website .. mumu naija boi... tell Victor say I say una papa
@felise u be 17.. If I catch person like u for real ground u go hail.. U think say na all women belike ur olosho? If ur olosho clear why dem make u do DNA
@Obumkelly79 if u catch person like me for real ground I go hail hahah u dey mk me laugh ... na rheine I dey stay, if u reach rheine ask anyone of felix from Nigeria dem go show u my house , I dey a bit popular ..I mean ask black person o... if u see me , I want u to beat me .. hahaha small boi
@Obumkelly79 u think say here na naija bah, maybe u belong to one mumu frat, u think say u fit intimidate anyone with that for Germany? Na me go run ur own deportation, believe me... try urself mumu... I dn first deal with 2 cult guys here for my city, no level.. here nr be bongo.. if u belong and u do anyhow I go too beat beat u...mugu.. for the DNA.. atleast i sure say dem be my kids , but u nr sure for ur own, u know if na another black dude get ur kids , all those nurse wey like Fk... hahaha
@Obumkelly79 , I nr dey tire o, as u ready I go dey give u woto woto, so dat u go calm down and be responsible , u think say na naija u dey .. mumu.. I dn first frustrate one German woman for my previous house, neighbour... u wey be stinky immigrants , ur own easy wella
@Obumkelly79, e dey pain u say u waste money to go bongo ... mehn nr be everyone go wan waste money like u.. thank God , God dn do am.. money wey u waste then na I wan invest for my online store ... mumu boi..
@Obumkelly79, anytime u wan meet me one on one , I go cm meet u for rheine bahnhof mk u know say I nr dey fear .. if u cm and u wan do anyhow , I go beat beat u there or act put u in problem mk u lose that document... anytime u ready let me know , u get my email already....pray mk I nr get ur own details, she go chase u
@felise, wise up idiot.. U dey talk about frat? Now I truly confirm say u be idiot and a big fool.... Go Google the force/military wey dey use the word 17.. I sure say na water u take enter Europe. B4 u even dream to get passport for this land hmmmm I Don get am far far.. I dey always dey ur city self bcos I get one gf for there make u know now.. And u too small for me to talk with for Europe because we get our own land. I nor go reply u again bcos u be mumu and u nor get work.. Dirty Esan boy from Uromi
@Obumkelly79 u wan run.. yeah na water na I take enter and now my life dn better , in naira I be millionaire , in euro I have thousand soon God go do am mk my online store blow .. how one cm europe nor matter as long as one get the permit and live here which I dn get get... u wey use visa , dem suffer u to get permit, u even waste money to go back and come back hahaha and u cm with mumu visa .. guy , u nr fit beat me, wetin my eyes dn see , mk me fearless , I nr need to join frat to be strong, I dn see things wey u never see.. na who dash u soldier , mumu.. mk we meet na... if I nr Beat beat u mercilessly without joy.. maybe my training for this long na ur body I go use test am... hahaha mumu boi
@Obumkelly79 , people wey cm tru water and u wey cm tru visa , as u tk better past them? E nr get wetin u go talk wey go pain me , the good thing be say I dey mk owo, I nr dey ask anyone to borrow me, I dey care for my family, I dey save monthly... in naira I be millionaire... if u doubt me , write me idogeifelise@gmail.*** mk i show u owo in euro ... mumu boi.. u think say I get plan to invest in Nigeria, no.. na germany I die ...
@Obumkelly79, u know how many people wey cm here tru land and them dn get German pass , richer than u and ur mumu woman , u never even get money self .. people wey dey do e- commerce , dey pull out 500k euro , 1m euro .. dem tell u say na work dem tk dey rich for anywhere for this world ? Mumu boi .. I just they laugh u.. dey there they **** down on people wey come tru land .. khabh lame , ticktoker wey cm to Italy tru land, u get money reach am? That dude na millionaire in euro and e cm tru water .. Mumu pikin, I pity ur papa and dead mother ... .. dey there dey play, dey depend only on ur mumu work
@Obumkelly79 ,I come tru land, I dey live for 2 family house , working , saving , I nr dey beg anyone for money , I nr dey ask anyone to borrow me , u see say this boy wey cm to Germany tru water dey live well... thank U God.... u nr be God so u nr fit get the code ... Ode... dirty stinky naija boi
@Obumkelly79 u nr type again, I think say u strong emotionally hahaha , come mk I tell u more things , i wan humble u, no level.. u dn jam person wey dey kolo, wey nr dey **** anyone face .. u first me get german pass nor matta, I dey live here legally right ? Abi dem nr dey give those with 24B abs 1 german pass ? Hahaha munu boi.. who first get am nor matta as far as I go get am... mumu.. u fit first me get am but I fit first u get million in euro ... Just watch , I go write u one or 2 years from now, mk I focus on completing my online store .. bye with ur mumu mentality
Hello Felise… can I get your email or something like that because I want discuss something with you?
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