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91-year-old Iranian lady is currently in Germany with son on visitor visa.  If she requests asylum,. would she be allowed to stay with her son (who is able to provide financial guarantees) while her application is processed? She would not have to go to a refugee camp?
asked Apr 13 in Legal advice by lillyahoo | 449 views

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Hi @lillyahoo

Asylum seekers are generally first obliged to stay in an initial reception centre (Erstaufnahmeeinrichtung) after they apply for asylum. They are then at a later point transferred to other accommodation.

There are special rules for asylum seekers who are considered to be particularly vulnerable (‘besonders schutzbedurftig’). This group includes elderly people. At the initial assessment of asylum seekers, the authorities have to identify such individuals. They are obliged by EU law to ensure their stay in the initial centre is as short as possible or to directly find more suitable accommodation.

The possibility to stay with her son means ideally the lady would not have to stay in the centre at all. But there is a process involved. If the authorities do not immediately agree to her staying with him, then she should make a written request to remove the obligation to live in the centre. This is called „Antrag auf vorzeitige Aufhebung der Verpflichtung zum Verbleib in der Erstaufnahmeeinrichtung“.

Here you can read more about this:

https://handbookgermany.de/en/particularly-vulnerable-refugees

Best,

Éanna

answered May 16 by mbeon-Éanna
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