Have two German child and still I'm ask to go home and come with visa how can i ovoid this

Question

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

Answer 1

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

Comments

@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

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@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 ...

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@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

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@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

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@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