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Hello, i came to Germany on a family visit visa from morocco to see my 5 month old kid and girlfriend, after seeing them and finding out he is sick and how difficult it is for her to **** after him on her own, we decided that i should stay here permanently.

Is there a way for me to stay in Germany within a legal framework so i can work and live with them?The family reunion visa from my home country takes about a year to issue and that is too long for us considering the condition of our newborn, can someone offer me any advice on how to stay here, my family visit visa expires in a month and i dread going back and leaving the little one behind. Please help..
asked Nov 28 in Legal advice by Mouad1307 | 166 views

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1 Answer

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Hi @Mouad1307

I’m sorry to read that your son is unwell.

Your right to stay depends on the nationality of your son and his residency status if not a German citizen. The rules are different depending on whether he is a citizen of Germany, an EU country, or another country outside the EU. As a result, your right to a residency permit in Germany can vary between a full right to this to only in exceptional cases to prevent an extraordinary hardship.

Separate to the right or otherwise to a residence permit is the question of not having come to Germany with the correct visa for family reunification. In some case, it is possible to have an application processed in Germany even if the person did not come with the correct visa. This is when it would be considered unreasonable (in German this term is ‘unzumutbar’). In cases where it involved the parent of a baby or small child, then it is generally considered unreasonable to require the parent to leave to get a visa. This is because a lengthy visa process would mean a separation from the parent which a young child could not understand.

This rule is in section 5, part 2 of the immigration law (Aufenthaltsgesetz):

These requirements may be waived if the prerequisites qualifying a foreigner for the granting of a residence title are met or if special circumstances in the individual case concerned render a subsequent visa application procedure unreasonable.

 https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0096

Here is an article (in English via online translation) about the reasonableness or not of a visa procedure in such cases:

https://***-rechtsanwaltskanzlei--oeztuerk-de.translate.goog/zumutbarkeit-der-nachholung-des-visumsverfahrens?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Best,

Éanna

answered Nov 29 by mbeon-Éanna
Hello eanna, thank you for answering me and sharing The link, my son is indeed of german nationality.
Where do you advise me to go from here to file an application before my family visit visa expires?
Thank you very much
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