Family reunionfication

Question

My wife and my 2 year son granted asylum in Germany but my asylum is rejected. But Germany didn't ban me to come Germany because my family is in Germany.

Is Germany separate me from my wife and my son ?
Is there any another option to stay with my family ?

Answer 1

Hi @Akthakur

Did you apply together as a family for asylum? Generally, if one member of a family is granted asylum, then the other core members of their family (spouse and minor children) are also granted it. I therefore do not understand why you were not also granted asylum.

You should apply for a residence permit for family reunification with your wife. It is important you do what is called a ‘timely notification’ of your wish for family reunification within three months of your wife being granted asylum. Otherwise the requirements are much stricter. You can do this here:

https://fap.diplo.de/webportal/desktop/index.html#start

The authorities may request you to first leave Germany and apply for a visa for family reunification at the German embassy of your home country. You should then point out that it is unreasonable for you to have to do so as you have a small child in Germany. They should then process your application in Germany but it is not clearly set out in the law when it is reasonable or unreasonable to expect someone to go through the visa process. This article (in English via online translation) provides more detail on this question:

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

Best,

Éanna

Comments

Hello again, last year I tell about my situation in Germany and after that I still in Germany and my second son born in December. My lawyer is appeal for article 25 5 in immigration and immigration reply to lawyer that he will come first in immigration and take his duldung id after that they see what to do next. Now last week I went to immigration and then they give me duldung id. I want to know what is the chance for granted article 25 5 and Is it  possible they change the article also like article 28 ? My passport and my temporary resident permit for Portugal I already give to immigration.

Answer 2

Hi @Akthakur

25,5 is issued to persons who have a Duldung but cannot leave the country for certain reasons. One of these reason is due to family. As you have family members with a residence permit, then you fulfil this requirement. The law states that if the person has had the Duldung for 18 months, then they should be given this permit. This means the authorities have less discretion about whether to issue it or not. For a time period less than 18 months, then the authorities have more discretion whether to issue it.

Article 28 is only for family members of German citizens. For you article 29 (family members of non-Germans) may be possible but only based on certain requirements. If you applied for this within three months of your wife receiving asylum, then it is possible regardless of your income situation as a family. Otherwise you will have to show that as a family you have enough money to support yourself without requiring benefits from the Jobcenter (getting the benefits Kindergeld, Kinderzuschlag and/or Wohngeld is not a problem).

We cannot provide legal advice on this site. We can provide information about the legal situation but as you mention having a lawyer, they will be much better qualified to advise you on your options.

Best,

Éanna

Comments

Thank you so much for your information.

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You're welcome!

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Hello mam, i receive resident permit 25 (5) for 1 year  after 2 months of duldung.

Thank you