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I am married to a German woman and we are having a german daughter together. I received a letter from the asylum office, which is saying that they intend to reject my application for a residence permit because I was having two convictions. They give me now the option to wether withdraw my application or if I want to continue with it and wish to have it rejected with costs. What does that mean and how are the chances to fight this decision with a lawyer at court?
asked Jan 28 in Asylum proceedings by Letgoddohisthing | 565 views

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1 Answer

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Hi @Letgoddohisthing

When the authorities assess whether to allow or reject the application of a person who has convictions, they weigh up whether the interest in having a person stay in Germany is greater than having this person leave Germany.

In looking at the reasons to allow a person to stay in Germany, certain factors are given extra weight. One of these is if the person is living together with a German partner and/or they have a German child that they care for. This is mentioned in paragraph 55, section 1, part of the Aufenthaltsgesetz:

 https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__55.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

In paragraph 54 the reasons are listed that would strongly weigh against someone being issued with a permit:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__54.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

You have to **** at the reasons they gave for planning to reject your application and make sure they take into account the fact that you are married to a German and have a German child.

Only a lawyer can assess your chances of being successful in court if they do reject your application. There is the option of free legal advice if you are unable to pay for a lawyer.

Best,

Éanna

answered Feb 27 by mbeon-Éanna
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