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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 ?
asked Apr 24 in Legal advice by Akthakur | 227 views

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1 Answer

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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

answered 1 day ago by mbeon-Éanna
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