Wefugees - Recent questions and answers in Asylum proceedings

Answered: What happens if l register another address without approval from BAMF

Fri, 09 Jan 2026 16:09:34 +0000

Your situation may have been resolved by now but I still want to provide an answer.

You cannot register in Jade if you do not have permission from the Ausländerbehörde in Celle to do so. I do not understand why you could receive a potential penalty of 1000€ if a registration is not possible for you. You write that the Landkreis in Jade sent you a letter but that could mean the office in charge of registering people living there (Meldeamt). As I understand it Jade is not a Landkreis but a smaller area called a Gemeinde in the Landkreis of Wesermarsch.

The Meldeamt can issues fines of up to 1000 euro if a person does not register the address they are living at within two weeks of moving in. Before issuing a fine they must give you the opportunity to explain yourself in writing and even if a fine is issued, it is generally a smaller amount (i.e. less than 100 euros).

I don’t know why you were turned down to move previously. But you now have a daughter living in Jade. I therefore recommend you apply for a move on family reasons by sending proof of the family relationship along with your application. In the meantime, you inform the Landkreis that you are not permitted to register and you must wait for permission.

Best,

Éanna

Widerrufs- / Rücknahmeverfahren ( Revocation or Withdrawal Procedure)

Sat, 06 Dec 2025 03:42:40 +0000

Dear Team,
I’m writing on behalf of a friend who has been living in Germany for six years under subsidiary protection. Today, she received a letter from BAMF informing her that her case is under review as part of the Widerrufs- / Rücknahmeverfahren (Revocation or Withdrawal Procedure).
However, the letter does not include a date or time for an interview, which has left her confused and concerned.
We would appreciate clarification on the following points:

1. Why would BAMF initiate a review after 6 years?
She has not committed any crimes.
She has never returned to her home country.
She has passed her B1 language exam and has started her own business in Germany.
She has a family, including two children—one of whom was born in Germany last year.
2. What could trigger this kind of review, and what should she expect during the process?
3. What are the chances of her protection status being revoked or maintained under such circumstances?
4. Is it necessary or recommended for her to consult with a lawyer immediately?
Any guidance you can provide would be greatly appreciated, as this situation is causing a great deal of stress and uncertainty.
Thank you in advance for your support.
Kind regards,

Answered: Pending Decision around 31 Months

Sat, 08 Nov 2025 14:52:25 +0000

was it your first or second interview? if its your second interview its normal because court in freiburg is very busy and shortstaffed

Answered: Dublin to France

Tue, 04 Nov 2025 09:09:21 +0000

Hi @MIKE 130

As your partner has subisdiary protection in France, she cannot have a new asylum application processed in another EU country. The Dublin rules can allow for family reunification while an asylum case is ongoing but not once the person has been through the asylum process.

You mention her having moved to Germany with her kids. If you are the parent of these children, then they can be issued with residence permits as your children. You will have to show you have sufficient income and living space for them and the mother will have to give her consent to them being issued with residence permits. This is according to paragraph 32, sections 1 and 3 of the Aufenthaltsgesetz:

https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0881

A child born to a parent with a residence permit in Germany can receive a residence permit according to paragraph 33 of the Aufenthaltsgesetz:

https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0896

I see no clear immediate route for your partner to receive a residence permit. The only option I can see is that the children are issued with residence permits and your partner receives a Duldung for family reasons. This would be a different type of Duldung than a ‘Dublin’ Duldung and after some time with this she could receive the permit 25,5.

If you make an application on behalf of your children, it is important to point out that as they have valid residence permits from another Schengen country, this allows them to apply and be issued with permits in Germany. If you do not point this out, it is likely they would first be told to return to France and apply for a visa for family reunification there. The rule which enables a person with a permit from another Schengen country to travel to Germany and apply directly here is based on paragraph 39, section 6 of a separate law called Aufenthaltsverordnung:

https://***.gesetze-im-internet.de/englisch_aufenthv/englisch_aufenthv.html#p0373

A pregnant woman can be deported. The key question when it comes to deportation is whether a person can travel (in German ‘reisefähig’). There is a period of time before and after birth when a woman is generally considered too vulnerable to be deported. This period is called ‘Mutterschutz’ and is 6 weeks before and 8 weeks after giving birth. Nevertheless, a medical examination may still declare a person fit to travel and in such a case a legal injunction in court would be necessary to stop the deportation.

I cannot give any assessment on the chances of a person being deported or not. It is good to seek out information here and from other reliable sources. But we cannot offer legal advice here. You mention that your partner has a lawyer and he has submitted documents to the authorities. It is her lawyer who should be advising her on the possible options for her and/or her children to stay in Germany.

Best,

Éanna

Answered: After changing my address (and not informing the BAMF) I received my asylum decision (too) late - What can I do?

Fri, 26 Sep 2025 14:34:01 +0000

Hi @twilight_

If the letter was a rejection of your asylum case, then in general a person has 7 days to appeal this decision. The seven day period starts from when the letter was delivered to your place of residence. If you only received the letter in person later, the deadline stays the same.

There is an administrative procedure a person can do to have such a deadline changed if they missed the deadline through no fault of their own. This is called ‚Wiedereinsetzung‘ and you can read the legal basis for this in German here:

https://***.gesetze-im-internet.de/vwvfg/__32.html

If you did not inform BAMF about your new address, I do not see such an application have a chance of success.

I do not fully understand what BAMF has now said they are sending you. As I understand it, the decision has been issued and sent to you and BAMF has confirmation that it was delivered to your known place of residence. While they can send you another copy of the decision, this does not change the date it was delivered to you. If possible, you should get the original letter from the Asylheim. You should also check the second letter they are sending to see whether it is a copy of the initial one (in German ‚Zweitschrift‘).

In the case of a standard asylum rejection, a person is given a deadline of 30 days to leave the country. After this point, the Ausländerbehörde can arrange for a deportation. Here is official information from BAMF:

https://***.bamf.de/EN/Themen/AsylFluechtlingsschutz/AblaufAsylverfahrens/Ausgang/Aufenthaltsbeendigung/aufenthaltsbeendigung-node.html

It’s good you have informed them of your Ausbildung. In addition to the Ausbildungsduldung, a person doing an Ausbildung whose asylum case is rejected can get the regular residence permit 16g. You must still make a written application for either an Ausbildungsduldung and/or the residence permit 16g with the Ausländerbehörde. You mention phoning authorities and writing emails. While this is good to keep them updated, it is essential that you submit a written application. A phone call with an authority where a person told you ‘not to worry’ is no replacement for an application in writing, signed by you and sent with the necessary additional documents. In the worst case scenario, the authorities can say you never applied for anything after having your asylum case rejected and threaten you with deportation. Emails and phone calls you had in the past will not change this. If you need help writing an application, a migration advisory service in your area can assist you free of charge. Here you can **** for one in your area:

https://bamf-navi.bamf.de/en/Themen/Beratungsstellen/

Whether you can get an Ausbildungsduldung or the residence permit 16g depends on whether your identity has been clarified and if you are financially secure. If so, then you can get the permit 16g. To be considered financially secure, you have to have 666 euros per month. With the permit 16g you are allowed to work 20 hours a week in addition to your Ausbildung. Otherwise you can get an Ausbildungsduldung and get financial support from the Sozialamt.

Best,

Éanna

Answered: Legally trap in an ausbildung that doesn't match my physical ability.

Tue, 16 Sep 2025 10:32:09 +0000

Dear @Ajawo96,

Welcome back to Wefugees and thank you for reaching out to us again.

I am not a lawyer and we can not provide individual legal advice at this platform. Every case is different and many different aspects need to be taken into account.

Some thoughts on your case from my perspective: I agree that you should try to change your “Ausbildung” if you know already that you will suffer a lot and you are actually not able to do the job in the future. However, I can’t confirm that changing comes without any risk. As you mentioned already, you need to apply for the respective permission from the Ausländerbehörde again and present the confirmation that you actually have a new offer for an Ausbildung already. In the meantime, your asylum appeal might get rejected which would complicate the situation (you might not be issued a Duldung etc.).

I will link my colleague @mbeon-Éanna here - maybe he can add some advice and information. In any case, I highly recommend to get support in a refugee counseling office (or a counseling service like JMD) as well. I assume you have a lawyer for your asylum case already? Please discuss your issue with him/her, too.

All the best,

Meike

Answered: Section 24 AufenthG with an existing Polish temporary residence permit and medical vulnerability

Thu, 04 Sep 2025 13:08:15 +0000

Dear @Murchik

Based on what you have written, you will be entitled to temporary protection under section 24 of the German Residence Act if you come to Germany.

It is important to be aware of a recent change that was made to the regulations on temporary protection at EU level. The decision entered into force on August 13th of this year. Before that, it was possible to receive temporary protection in an EU country even if the person already had received temporary protection in another EU country. The new decision makes clear that this is no longer possible. You can read the text here; the relevant section for such cases is under number 4:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202501460

The German government has adapted its guidelines on how to apply the regulation on section 24 accordingly.

You write that you received a temporary residence permit in Poland for work purposes. The new decision does not affect you if you do not hold a residence permit under temporary protection in Poland or another EU country.

Another important piece of information is regarding planned changes to the social welfare benefits in Germany for people with temporary protection. Until now, such people have had access to the standard German healthcare system, paid for by the Jobcenter if they are not working.

The current government has drafted a law proposing to change this. If the law is passed, people who then apply for temporary protection will receive benefits under a different system. The level of benefits will be less and accessing healthcare will function differently. In short, there will still be the right to treatment for acute illness, but other treatment will be at the discretion of the responsible authority, which is the Sozialamt. You may find a request for a specialised longer-term treatment denied.

The proposed law is being discussed and has not yet entered into force but it is important for you to be aware of the possible new regulations around accessing healthcare treatment if this is one of your reasons for wishing to come to Germany.

As regards the most appropriate federal state, I cannot provide a clear answer. The situation in each state varies across the country depending on how many people are applying for temporary protection there. Each state has a quota of individuals they are obliged to take in and if this quota is reached, then any new applicants will be transferred to a different state where there are less applicants.

I could not find any official overview of the present situation in the individual states. This site lists the federal states and their current capacity but I cannot vouch for the reliability of it as a source. The information is also in Ukrainian and Russian:

https://visitukraine.today/blog/4455/which-german-states-are-accepting-ukrainians-in-august-2024-up-to-date-information-on-the-camps

Aside from the relative capacity of each federal state to take people in, the rules on temporary protection do not vary throughout the country. If a person is entitled to it in the state of Hessen, for example, then they are also entitled to it in Hamburg and elsewhere.

I wish you the best in managing your health. Feel free to write again here with further questions.

Best,

Éanna

Answered: What is my fate with Court (rejected asylum) and Ausländeramt if I will be the father of a German child?

Sun, 27 Jul 2025 10:00:27 +0000

Dear @Chubby,

Welcome back to the Wefugees community and thank you for reaching out to us again.

The fact that you will be the father of a German child will not affect your chances in the asylum procedure and your appeal. However, you might be entitled to receive a residence permit according to section 28 of the German Residence Act. You did good already taking care of the paternity acknowledgment and the shared custody. This is important as it will be the actual support and care for your child. It’s possible that the immigration office will ask you to do the respective visa process as well though. We discussed this topic i.e. here before.

I hope this helps and please don’t hesitate to get back to us with any further questions.

All the best,

Meike

Answered: Einbürgerung mit §25b Aufenthaltsgewährung bei nachhaltiger Integration

Wed, 16 Jul 2025 10:29:53 +0000

Ich habe auch die gleiche Frage. Meine Situation ist wie folgt:

Ich habe die Aufenthaltserlaubnis nach § 25b Abs. 1 Satz 1 erhalten, nachdem ich 6 Jahre in Deutschland war. Aber meine Ausländerbehörde hat mir die Aufenthaltserlaubniskarte nur für ein Jahr ausgestellt.
Ich habe einen unbefristeten Arbeitsvertrag in der IT-Branche, mein Nettogehalt liegt über 3000 €, und ich bezahle alle meine Ausgaben selbst.

Können Sie mir bitte sagen, wann ich die deutsche Staatsangehörigkeit oder eine unbefristete Niederlassungserlaubnis beantragen kann?
Werden meine früheren Jahre mit Duldung dabei mitgezählt?

Answered: Asylum case rejected after a completed Ausbildung - what are the options?

Fri, 04 Jul 2025 06:37:38 +0000

Hello @Jeff and welcome back to Wefugees!

Firstly, it really is a great achievement to successfully complete an apprenticeship (Ausbildung)!
I'm sorry to hear that your friend's asylum application was rejected again. But it sounds like there are some opportunities in the future. Either way, it will be important to get a passport. Why is it that he can't submit a passport? Has he really tried everything? In any case, it is important that he documents his efforts well and presents them to the relevant immigration authority (Ausländerbehörde).
It is difficult to judge from a distance (without knowing too many details about the case). But here are a few thoughts on possible options:

If your friend came to Germany before 31 October 2017, he may still be able to apply for the so-called "Chancen-Aufenthaltsrecht" by the end of 2025 (according to §104c AufenthG). However, one prerequisite would be that he also has a "Duldung" when he applies (has he already received this?). This residence permit according to §104c would also give him another 18 months to get a passport and then change to a residence permit according to §25a or §25b (you can also read the detailed requirements at Handbook Germany).
Theoretically, he could probably already get one of the two residence permits now. After all, he is working and earning a living. However, he would have to present a passport or prove so well that he has really done everything reasonable, at least prove his identity with further documents and convince the immigration authorities that he is a kind of hardship case so that they make an exception (this is really very difficult).
There will be similar problems if he wants to apply for a residence permit according to §18a for skilled workers (after all, he is a skilled worker/"Fachkraft" with his completed training). The immigration office will certainly ask for his passport.
As you can see, his options depend on many factors. Every case is different and I would always recommend that your friend seeks support from a counselling centre.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

Answered: Umverteilungsantrag due to training - authority plans rejection, what else can I do or apply for?

Sun, 01 Jun 2025 07:11:52 +0000

Hi Friend, that’s a tough situation to be in. Trust me I was in the same situation last year but the other way round. The ausbildung authorities in my city was refusing to approve my ausbildung stating it was too far etc. I fought them for 2 months alongside my advisor. They told me to apply for Umverteilung and if the ausländerbehörde in the new city approves, then they will approve my Ausbildung. The receiving authorities said I should provide them with a rental agreement and 3 months salary for my Ausbildung salary. And then they will consider my application again, they didn’t reject it, they just said it was incomplete. I had to go to my Ausländerbehörder every week to fight this because I told them how am I suppose to give them 3 months statement if I’m unable to move etc, it was just a constant back and forth. But my company ended up calling the receiving ausländerbehörde and they actually approved my move the same day.

So maybe ask your company to do the same thing, tell them to reach out to the recieving authorities and explain to them that they need you etc and if your uncle can write a letter that you will be staying in his place for free, I think it will also help. But if you have to contact them yourself. Just tell them that you have applied everywhere in your surrounding area and have gotten only rejections and even cities around your city. All you keep getting is rejections. And that this is the only company that accepted you.

If you will be able to take care of yourself, like secure your livelihood, reach out to them and tell them that aswell but they need proof. Probably **** for a minijob in the other city to increase your monthly income. So then you will have higher chances which is either Umverteilungsantrag Oder Antrag aufhebung der Wohnsitzauflage which means you are applying for the authorities to Remove the residence restrictions since you are Securing your own livelyhood and it will allow you to live in any City within your State.

For Exemple my sister applied for Umverteilung and was Denied, but when she applied for the second one she got approved. Because she was in her own place, securing her own bills and literally not having any help from the government. But it’s different for her because she is doing ausbildumg in nursing and they receive a very high allowance. I don’t know how yours work but reach out to an advisor, they will tell you what to do. Everything I told you I did or the steps I told you to take were all the steps I was told to take by my advisor.

Goodluck

Answered: Why is the BAMF inviting me for a third interview?

Tue, 13 May 2025 07:44:11 +0000

A third interview might be necessary before issuing a final decision whether positive or negative. It might even suggest they’re seriously considering protection but need last clarifications.

Stickman Hook

Answered: I applied for asylum in France, I had gave our passports to Asylum Dept. If I am granted U.S visa how can I travel there

Sat, 19 Apr 2025 17:40:54 +0000

Hello Najib,

if you have applied for asylum in France and submitted your passports to the French asylum authorities, you cannot legally travel to the U.S. (or any other country) without a valid travel document. Even if you are granted a U.S. visa, you will need a passport or an equivalent travel document to leave France and enter the United States.

What You Need to Travel

Passport or Travel Document: Airlines and border authorities require a valid passport or official travel document for international travel. Your asylum file and receipt from the French authorities are not sufficient for travel.
U.S. Visa: The visa must be stamped in a valid travel document.

What Are Your Options?

Request the Return of Your Passport: If your asylum procedure is still ongoing, the French authorities typically keep your passport to prevent you from traveling back to your country of origin or elsewhere, which could affect your asylum claim. You can request the return of your passport, but this is rarely granted before the asylum process is completed, and doing so may be interpreted as a sign you no longer fear persecution in your home country, potentially jeopardizing your asylum application.
Apply for a Refugee Travel Document: If you are granted refugee status or subsidiary protection in France, you can apply for a "titre de voyage" (refugee travel document) from the French authorities. This document, issued under the 1951 Geneva Convention, allows you to travel internationally (except to your country of origin) and can be used to obtain a U.S. visa and board a flight.
If Still in the Asylum Process: While your asylum case is pending, you generally cannot get a travel document from France. If you urgently need to travel, you must make a special request to the French asylum office (OFPRA or the prefecture), but such requests are rarely approved unless there are exceptional humanitarian reasons.

Important Considerations

Do Not Contact Your Embassy: If you apply for a new passport from your home country’s embassy while your asylum claim is pending, French authorities may consider this as evidence that you no longer fear persecution, which could undermine your asylum claim.
Travel Without Passport Is Not Possible: Airlines and immigration authorities will not allow you to travel internationally without a valid passport or travel document, regardless of visa status.

Next Steps

If you are granted asylum or subsidiary protection, I would apply for a refugee travel document from the French authorities.
If your asylum case is still pending, I would consult with a legal advisor or your local prefecture for guidance on exceptional travel needs.
Do not attempt to travel without a valid passport or travel document, as you will not be allowed to board a flight or enter the U.S.

If you need legal assistance, consider reaching out to a refugee support organization or a lawyer specializing in asylum law in France in your case.

All the best,
Vladimir

PS: I'm not a Lawyer, I just happen to have read to much about Asylum Procedures.

Answered: After my transfer I need a new accommodation- who can help me?

Fri, 28 Mar 2025 12:19:47 +0000

Hi @Islito

Here is the office responsible for providing accommodation to people with a Duldung in Hagen:

https://***-hagen-de.translate.goog/web/de/fachbereiche/fb_56/migration_und_zuwanderung/unterbringung/1_7_unterbringung.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

You must first make an appointment with them. You can contact them by the phone numbers they have listed or this online contact form:

https://***.hagen.de/irj/portal/ODKontakt?rid=DKA-56

Best,

Éanna

Answered: From newly rejected asylum to a resident permit for skilled worker

Mon, 24 Mar 2025 07:19:04 +0000

Dear @Elwand,

Welcome back at Wefugees and thank you for reaching out to us.

Please note that I am not a lawyer and that we cannot offer individual legal advice here. Nevertheless, I will try to share some information here according to my level of knowledge.
First of all, you seem to have a lawyer (you mention that ‘you’ have appealed the court's decision again). I would definitely recommend that you discuss all your questions with your lawyer. He or she knows your situation best.
As you rightly said, asylum seekers who came to Germany before 29 March 2023 (which seems to apply to you) can receive a residence permit for skilled workers (according to §18a, §18b or §19c (2)) if they withdraw their asylum application as long as it has not yet been incontestably rejected.
This means, for example

- It is still possible to withdraw an asylum application even if the BAMF has already rejected the asylum application and legal proceedings are pending.

- The asylum application can still be withdrawn even if the administrative court has already issued a judgement but the appeal period has not yet expired (for the application for permission to appeal).

- The asylum application can still be withdrawn even if an application for leave to appeal has been made but a decision has not yet been made.

But you are right, for a residence permit according to (in your case probably) §18a you would also have to present a current job offer.
If your asylum application is then legally rejected and you receive a tolerated stay, new prospects may open up. However, the immigration authorities also have different approaches to issuing tolerated stay permits.
If you would then like to do another apprenticeship ("Ausbildung"), you could, for example, apply for a residence permit in accordance with §16g (however, you would have to be tolerated for three months for this). A tolerated stay permit for training is also possible.
If you do not receive a tolerated stay permit ("Duldung"), it would probably be best to leave the country voluntarily and re-enter with an appropriate visa. As long as you are not deported, you will not be banned from re-entering the country. But it is important that you leave the country ‘voluntarily’. I would strongly recommend that you get good, personalised advice so that you are well prepared for all possible options.
I hope this helps you and please feel free to contact us again if you have any questions.

All the best,

Meike

Applied for Aufenthaltstitel with a German child 67€ required with Duldung

Mon, 10 Mar 2025 15:22:29 +0000

Answered: I'm temporary resident in Saudia Arabia so how I can apply for Germany immigration/asylum process?

Sun, 09 Mar 2025 09:27:18 +0000

Dear @kefayatrezwan,

Welcome at Wefugees and thank you for reaching out to us.

First of all, I am sorry to hear about your difficult situation. Unfortunately, I am not aware of any possibility to apply for asylum in Germany without actually being here. With one exception: The German government had initiated a so-called federal admission programme for Afghanistan. However, for various reasons, it was not possible to take in as many people from Afghanistan and neighbouring countries as originally announced. As far as I know, the programme has almost come to a standstill.
The current focus of the Federal Reception Programme for Afghanistan is on the departure of those who have already been accepted. These people are being supported by the federal government in their departure. But I don't think there is a realistic chance for those people who have not yet been accepted.

I am afraid that the only way to come to Germany regularly is through a visa procedure. For example, to take up employment or to study/vocational training. For an initial overview of the options, I can recommend the website "Make it in Germany".

I'm sorry that I can't give you more optimistic information. If you have any further questions, however, please don't hesitate to get back to us.

All the best,

Meike

Answered: what activities can I engage in during this period of wait that can be of help to my asylum file.

Mon, 03 Mar 2025 06:36:32 +0000

Hello Bree Bree and Welcome at Wefugees!

Our platform and our experts are based in Germany. Therefore, we can unfortunately not provide much information about the asylum system and regulations in France. However, I tried to make some research and found a useful brochure (in German though) which provides adresses of supporting NGOs (legal and social counselling) in France. I recommend you to contact a counselling service in your area to get some support and reliable information. Please see this file on page 14 and 15 for the adresses.

The brochure also explains that many aid programmes in France are short-term projects with irregular funding. At the time of the research (October 2018), there were only a few permanent support structures exist. Therefore, they make no claim to completeness. For free legal assistance in France you may check the website here.

I hope this helps and all the best,

Meike

Answered: Asking about dublin case

Wed, 26 Feb 2025 07:02:55 +0000

Dear @Mimiola,

Welcome to the Wefugees Community and thank you for reaching out to us.

I recommend you to get in touch with a refugee counselling office (the most specialised on these kind of questions would be the so-called "Asylverfahrensberatung"/asylum procedure counselling). You may use this search engine to find a counselling service in your area. If you want to share with us your approximate location, we can also help you with the research.

Some general information: After France's approval to take you back, Germany has six months to return you. If you are not deported within six months, Germany will be responsible for your asylum procedure. Please note: If you are detained in a prison, the deadline is extended to 12 months. And if you prevent deportation to the other country, e.g. by absconding, the deadline is extended to 18 months. You can also be accused of absconding if, for example, you have not been in your accommodation for more than a week and the BAMF becomes aware of this.

I hope this helps and please don't hesitate to get back to us with any further questions or if you need help with finding a counselling office.

All the best,

Meike

Answered: Family reunification for a husband from Gaza of an Ukrainian Woman

Sun, 16 Feb 2025 15:35:13 +0000

Dear @Amer90,

Welcome to the Wefugees Community and sorry for the late reply.

First of all, I am very sorry that you are in such a difficult situation and I hope you can reunite with your family very soon.

To be honest I am at a loss and not sure myself how to understand the regulation in this regard. I think my colleague @mbeon-Éanna has a better knowledge of the section 24 of the German Residence Act - he answered a similar question (also not quite comparable) here. Maybe he can provide some assessment in regard to your situation as well.

In any case, I highly recommend your wife to contact a migration/refugee counselling office in Germany. They can help her to contact the Germany embassy to understand more about the current status and potential challenges. She may use this search engine to find an office in her area.

Please don't hesitate to keep us updated and we cross our fingers!

All the best,

Meike

Answered: Can I be recognised as refugee being homosexual from India?

Sun, 16 Feb 2025 15:01:36 +0000

Dear @Gill123,

Welcome to the platform from my side as well. I only agree with whyorwhy in parts.

For certain countries of origin it is right that Germany recognizes the risk of persecution related to the sexual orientation. I personally am not aware of any comparable cases or relevant case law and tried to make some research. The LSVD (association of queer people in Germany) is collecting jurisdiction on a variety of countries of origin. In regard to India they just provide one sentence from 2014. Here, the court rejected the appeal stating that the recognition as a person persecuted for homosexuality in India is ruled out due to existing domestic flight alternatives.

I have to highlight though that every case is different and that we can not provide individual legal advice here. However, I will also link my colleague @mbeon-fardeen and mbeon@Éanna - maybe they can correct me or add some information.

All the best,

Meike

Answered: انا مثلي سوري متواجد في بغداد كيف يمكنني تقديم طلب حماية ولجوء الى المانيا

Sat, 15 Feb 2025 15:09:17 +0000

عزيزي حبيب
للأسف، لا يمكنك تقديم طلب اللجوء في ألمانيا إلا إذا كنت في ألمانيا. على سبيل المثال، لا يمكنك تقديم طلب اللجوء في السفارة الألمانية في العراق. بخلاف ذلك، لا يمكن للاجئين القدوم إلى ألمانيا وبلدان أخرى إلا من خلال ما يسمى ببرامج إعادة التوطين.
بالإضافة إلى ذلك، تم حالياً تعليق معالجة طلبات اللجوء المقدمة من السوريين في ألمانيا مؤقتاً. تود الحكومة الألمانية مراقبة التطورات الحالية في سوريا.
آسف لأنني لا أستطيع أن أقدم لك إجابة أكثر فائدة في الوقت الحالي.
ومع ذلك، إذا كان لديك أي أسئلة أخرى، يرجى التواصل معي مرة أخرى!
كل التوفيق,

Meike

Answered: How do I leave country after rejection in asylum status?

Wed, 12 Feb 2025 09:21:53 +0000

Contact your embassy to request a temporary travel document or replacement passport for your departure. Seek legal assistance to ensure the authorities return your documents and to comply with the deadline.

build now gg

Answered: Work Permission on Duldung

Sun, 09 Feb 2025 11:41:03 +0000

Dear @Sam.k,

Welcome at Wefugees and thank you for reaching out to us.

First of all, I am glad that you managed to get out of the so-called "Duldung light" (according to section 60b of the German Residence Act) since holding it has indeed disadvantages. Furthermore, it is important that you continue to integrate yourself in Germany if you would like to stay here in the future - working is an important part of it. However, I am afraid that work is not per se protecting you from measures by the immigration office to end your stay in Germany (this depends on many factors). I highly recommend to discuss your individual case at a refugee counselling office as well.

If your Duldung implicates now that you are allowed to work with the permission of the immigration office (Ausländerbehörde), it is a step forward. Please keep in mind that your work permit will be only valid for a specific job. Your future employer will need to fill a form to describe the offered position, and you should apply for a work permit at the immigration office. Handbook Germany states that "Once both forms have been filled and submitted, the immigration office is obliged to react within two weeks" (this information was new to me to be honest).

Can you maybe specify the second part of your question? I am afraid that I did not fully understand it yet.

Many thanks in advance and I hope this information are helpful

All the best,

Meike

Answered: Explanation to this issue

Fri, 31 Jan 2025 16:06:29 +0000

Hi @Olive

I do not know why he was issued with a second Duldung if the first one was still valid. Normally the authorities should have written his new address on the Duldung he already had but the procedure may differ throughout Germany.

As far as I know, it would be quite unusual to receive the residence permit 25,5 after just 7 months in the country. It is generally only given after a person has had a Duldung for 18 months.

I do not understand what you mean by approval from BAMF. Your boyfriend has asked for and received a Duldung for family reasons from the foreigners’ office. I am not aware what role BAMF would play in this procedure.

Best,

Éanna

Answered: Can i apply for residence permit after been deported 8 years ago

Tue, 28 Jan 2025 07:51:18 +0000

Dear Joy Asemota,

Welcome to the Wefugees Community and thank you for your question (a similar one was discussed i.e. here a while ago).

Asyl.net is providing reliable information:

"A person who has been expelled, deported or deported from Germany or against whom a deportation order has been issued in accordance with Section 58a is initially no longer allowed to enter or stay here for a certain period of time. For this purpose, an entry and residence ban is ordered (see Section 11 Residence Act).

The authority responsible for issuing the entry and stay ban determines how long the entry and stay ban should last. As a rule, it may not exceed five years. Personal circumstances, such as age or family situation, can play a role here. However, if a person has been expelled due to a criminal conviction or if they pose a serious threat to public safety and order, the re-entry period can be up to ten years.

If a re-entry ban comes into force due to (compulsory) departure, the person concerned will be entered in the police information system INPOL, in the Central Register of Foreigners and, under certain circumstances, in the Schengen Information System (SIS). If you re-enter despite the ban, entry can be refused at the border. If you stay in Germany illegally, you may face criminal consequences.

However, it is possible to have entry and stay bans lifted or shortened under certain circumstances. The responsibility for issuing, limiting and also lifting an entry and residence ban depends on the context in which the ban is issued. If the ban is issued in a decision on an asylum application, the Federal Office for Migration and Refugees (BAMF) is responsible."

I would like to add that it is possible that you will have to pay the costs incurred during your deportation.

I hope this information is helpfull for you and please don't hesitate to get back to us with any further questions.

All the best,

Meike

Hallo zusammen, ich habe eine Frage über 10(3) und 18a des Aufenthaltsgesetzes.

Sun, 26 Jan 2025 19:14:09 +0000

Sehr geehrte Wefugee Tema

Hello ich habe eine Frage im Zusammenhang mit den §§ 10 Abs. 3 und 18a des Aufenthaltsgesetzes

Der Originaltext lautet

3) Einem Ausländer, dessen Asylantrag unanfechtbar abgelehnt worden ist oder der seinen Asylantrag zurückgenommen hat, darf vor der Ausreise ein Aufenthaltstitel nur nach Maßgabe des Abschnitts 5 erteilt werden. Sofern der Asylantrag nach § 30 Absatz 1 Nummer 3 bis 7 des Asylgesetzes abgelehnt wurde, darf vor der Ausreise kein Aufenthaltstitel erteilt werden. Die Sätze 1 und 2 finden im Falle eines Anspruchs auf Erteilung eines Aufenthaltstitels keine Anwendung; Satz 2 ist ferner nicht anzuwenden, wenn der Ausländer die Voraussetzungen für die Erteilung einer Aufenthaltserlaubnis nach § 25 Absatz 3 erfüllt. Ein Aufenthaltstitel nach § 18a, § 18b oder § 19c Absatz 2 darf einem Ausländer, dessen Asylantrag unanfechtbar abgelehnt worden ist, vor der Ausreise nicht erteilt werden. Einem Ausländer, der seinen Asylantrag zurückgenommen hat, darf vor der Ausreise ein Aufenthaltstitel nach § 18a, § 18b oder § 19c Absatz 2 nur erteilt werden, wenn er vor dem 29. März 2023 eingereist ist; Gleiches gilt für die Erteilung einer Aufenthaltserlaubnis nach Maßgabe des Abschnitts 6 an den Ehegatten und das minderjährige ledige Kind des Ausländers.

So habe ich es verstanden, aber ich bin mir nicht sicher, ob ich es richtig verstanden habe.

Wenn Menschen den öffensichtlichen unbegründeten Asylbescheid bekommen.

Und dann ist der gerichtliche Eilantrag erfolgreich, das heißt, der Fall wird vom Gericht übernommen, und im gerichtlichen Asylverfahren, wenn die Person eine mindestens zweijährige Ausbildung absolviert hat und eine IHK-Bescheinigung von erfolgter Abschluss erhalten hat, dann kann der Antrag zurückgenommen und direkt nach 18a Aufenhaltenlaubnis bewilligt werden. Richtig ?

Und wenn man eine mindestens zweijährige Ausbildung absolviert, kann ich das verstehen, solange es sich um eine zwei Jahre Ausbildung handelt, ja? So muss mann nicht 3 Jahre Ausbildung probieren
Ich habe auch festgestellt, dass 18A nicht so viele Zusatzklauseln hat wie 19D.
Duldung ,Unterbringung, deutsche Sprachvoraussetzungen.

Ich wünschte, ich hätte jemanden, der mir bei der Beantwortung dieser Frage hilft, denn bekommen ich eine Ausbildung ,das ist nicht einfach

Das bedeutet, dass es normalerweise bei einer 7-Tage-Entscheidung überhaupt keine Aufenthaltserlaubnis nach 10(3) des Aufenthaltsgesetzes geben kann, weil es jede aufenthaltsgewährende Sperrwirkung blockiert, aber wenn das Gericht den Antrag annimmt, läuft der Asylantrag noch weiter, was bedeutet, dass die endgültige Entscheidung in der Angelegenheit noch nicht feststeht, und wenn ich mein Asyl zurückziehe, das die Ausbildung abgeschlossen hat
Das bedeutet, dass die Sperrwirkung für mich nicht gilt, richtig?

Außerdem sind nicht einmal so viele Anforderungen wie für den 19d erforderlich, es reicht ein IHK-Ausbildungsnachweis aus.
So habe ich das verstanden, denn nur so kann ich mir das vorstellen.

Mit freundlichen Grüßen

Applying for asylum in germany as an Egyptian Atheist out of future fear of persecution

Mon, 20 Jan 2025 22:43:06 +0000

My name is Mohamed , and I am reaching out to seek legal advice regarding my intention to apply for asylum in Germany.

I am an Egyptian citizen who has been an atheist for the past two years. As you might know, atheism in Egypt is highly stigmatized, and individuals who openly express their atheism often face persecution, social exclusion, and, in some cases, legal repercussions. I have not publicly declared my atheism in Egypt for fear of such consequences.

I am planning to travel to Hong Kong with a layover in Frankfurt. My intention is to apply for asylum at the Frankfurt airport. Upon departure from Cairo, I plan to publicly declare my atheism via a social media post to substantiate my case and highlight the risk of persecution I face if I return to Egypt.

I am writing to you to better understand whether my case would qualify under German asylum laws and whether it would meet the criteria for protection, including refugee status or subsidiary protection or a deportation ban. I can provide evidence of my atheism, including documentation of my private beliefs and references to the persecution faced by other atheists in Egypt.

I would appreciate it if you could review my case and provide guidance on the likelihood of a successful application. Additionally, I would like to know how to best prepare for the application process and whether there are any risks I should be aware of.

Atheist from Egypt seeking asylum

Mon, 20 Jan 2025 22:07:09 +0000

I'm a 21 male from Egypt and I'm an atheist who had been living in constant fear of being discovered cause that would put me in jail or even killed by some extremists so I wonder can I apply for asylum in Germany in (Frankfurt am main airport) given that I can prove that returning me to Egypt will 100% jail me .

Answered: Holding an Italian permanent residence permit - (How) Can I stay in Germany?

Sun, 19 Jan 2025 08:43:35 +0000

Dear @Parminder,

Welcome to the Wefugees Community and thank you for reaching out to us.

I am not a lawyer but I am afraid that you might not have taken the "right" path to move to Germany. Having an unlimited residence permit in Italy, you could have applied for the EU Permanent Residence Permit (we discussed this one here a few days ago). Without knowing your case in detail, going through the asylum procedure again does not sound very promising (especially since you hold a permanent residence permit in Italy already). From my perspective, it is important that you don't lose your status in Italy. I am not familiar with the Italian laws/rules but in Germany, for instance, people may lose their permanent residence permit (Niederlassungserlaubnis) if they have been out of Germany for more than 6 months.

Holding a (permanent) residence permit from one of the EU countries, you are allowed to travel within the EU (incl. Germany) for up to 90 days. But you are usually not allowed to work without applying for the respective visa before.

Do you agree with me dear @mbeon-fardeen or @mbeon-Éanna?

I highly recommend you to get individual support - either by a lawyer or at a migration counselling office (the latter offer free of charge and confidential services). You may use this search engine to find a counselling office in your area.

In any case, please also don't hesitate to get back to us with any further questions.

All the best,

Meike

Answered: Passport for marrying in Germany

Sat, 11 Jan 2025 15:22:51 +0000

Dear @Ganesh,

Welcome back at Wefugees and thank you for reaching out to us.

Unfortunately, the matter you describe is not easy to answer or to solve. If you are holding a Duldung you are actually obliged to submit the passport to the immigration office. We discussed here before, that the registry office (Standesamt) will most probably contact the immigration office as well as soon as you start the marriage procedure. It is quite a dilemma for the time being and I highly recommend you to consult a lawyer or at least an experienced counselling office on this. Did you collect all of the requirements documents to marry in Germany (see also our blog on this)? Without knowing your individual situation in detail it is hardly possible to give further advice here.

Would you agree dear @mbeon-fardeen or @mbeon-Éanna?

All the best,

Meike

Answered: I applied for Aufenthalt 19d. My concern, will be out of job in next 3 months.

Fri, 10 Jan 2025 13:47:07 +0000

Hi @Ola_BJ

It is not clear under which category you are applying for 19d. There are three different groups of people with a Duldung who can be eligible for 19d. Based on your description, I presume you have applied for 19d as a person with a foreign university degree that is comparable to a German degree. For this you need only to have been working for two years in a job that requires a qualification. Is there a reason you do not have 19d after having worked well over two years in the job?

In any case, the rules state that a break in employment of up to three months does not affect your entitlement to 19d. The time in the break is not, however, counted towards the two years.

For example, if a person works 20 months in one job, then is not working for two months while they **** for a new job, they will need to work 4 months in the new job to be eligible (for a total of 24 months working). If the person in that example needed over three months to find a new job, then the time they worked in the first job is no longer counted and they will only be eligible after working two years in the second job.

The legal text on 19d in the Aufenthaltsgesetz does not contain this rule but you can find it in the ‘Allgemeine Verwaltungsvorschrift zum Aufenthaltsgesetz’. For many laws in Germany, there are additional guidelines called ‘Verwaltungsvorschriften’, which assist the authorities (for example the Ausländerbehörde) in deciding how to apply the law. The point about a person having a break in employment is in section 18a.1.1.2 of this document and states in German:

Kürzere Unterbrechungen der Beschäftigung, die im Regelfall eine Gesamtdauer von drei Monaten nicht übersteigen sollten, sind unschädlich; sie werden aber nicht auf die erforderliche Beschäftigungsdauer von zwei Jahren angerechnet.

https://***.verwaltungsvorschriften-im-internet.de/pdf/BMI-MI3-20091026-SF-A001.pdf

It is under the section 18a rather than 19d due to changes having taken place in the Aufenthaltsgesetz in the meantime.

Best,

Éanna

Answered: Über heiraten von Asylbewerbern

Fri, 10 Jan 2025 13:18:14 +0000

Hallo @Fx294984590

wir können das aber leider auch nicht wissen, ob das Gericht in Ihrem Fall eine Befreiung zustimmt. Erklären Sie dem Standesamt, dass Sie als Person im Asylverfahren keinen Kontakt mit Ihrer Botschaft haben können. Das Standesamt stellt den Antrag auf Befreiung von der Ledigkeitsbescheinigung beim Oberlandesgericht.

Das Standesamt wird aber wahrscheinlich fragen, wie Sie einen Pass beschaffen haben, ohne Kontakt mit den Behörden Ihrer Heimat gehabt zu haben.

Beste Grüße

Éanna

Answered: Where can he go after asylum in Switzerland was rejected?

Mon, 30 Dec 2024 01:17:27 +0000

His fingerprints will be detected by the European Central Identification System, and eventually, he will be deported back to Switzerland.

Answered: Request for Assistance with Temporary Protection under §24 in Germany

Mon, 23 Dec 2024 10:01:27 +0000

Hi @AntiAnton

As I understand it, you are a Ukrainian citizen who received a second citizenship. As long as you still have Ukrainian citizenship, you are entitled to temporary protection under paragraph 24 in Germany. The main conditions to receive this are that a person is a Ukrainian citizen and that they were living in Ukraine when the war began. It is also possible to have left the Ukraine up to 90 days before the beginning of the war of February 24^th 2022.

As you do not require a visa to come to Germany, you can travel here and apply for a residence permit in Germany. There are two options in this regard.

1: If you have someone you know who can offer you temporary accommodation, you can register at their apartment and apply for your residence permit at their local immigration office (in German ‘Ausländerbehörde’).

2: If not, you have to go to the central reception centre in whatever German state you are in. Germany is a federal country and so each state has its own registration procedure. This central reception centre is called ‘Erstaufnahmeeinrichtung’. You will then be assigned to go and stay in a particular part of that state or possibly another state. This depends on the capacity of that state and how many people from Ukraine they currently have to process.

Here the procedure in Berlin is explained (the page is also available in Ukrainian and Russian):

https://***.berlin.de/ukraine/en/arrive/

This is also a general useful resource in various languages:

https://***.germany4ukraine.de/hilfeportal-en

Best,

Éanna

I got assaulted under Swedish refuge.I want to study in Germany.What path should i follow regarding dublin?

Mon, 16 Dec 2024 18:33:17 +0000

I am from Turkey, after the earthquake and the final election in 2023, seeing how people were violently celebrating, and several attacks I have survived in the final 2 years made it too stressful to handle, there is of course details to my reasonings- so I immigrated to Sweden judging as a humanitarian country but I am deeply disappointed in 2 years I've spent here. I got assaulted twice by 2 different people one of them was a police officer, both of the cases did not get to court under rape crime. Once there was concrete proof. For the police officer the police decided that my claims were innaccurate and the investigation stopped. When my first asylum application was rejected- i appealed by adding new grounds like my sexual identity. It was rejected again, i appealed again with more documents regarding my mental health. I don't feel safe in sweden anymore to begin with, i want to immigrate and study in Germany. The years i've been here took away from my life, i tried everything to work but it's impossible to get a tax number. Studies are too expensive. In germany i am eligible to study on case by case decision. I acknowledge the dublin rules. But I cannot go back to Turkey or Sweden. Help me please.

Answered: Return of child

Fri, 13 Dec 2024 16:25:15 +0000

Hi @Prince baba

I’m not an expert in the area of asylum but I’ll answer based on what I know.

The mother can withdraw the asylum claim on her child’s behalf. The child is then obliged to leave the country within a certain amount of time. To return to their home country, the child will require a passport. If they do not have one, then the mother will have to give someone the power (in German ‘Vollmacht’) to accompany her child to apply for a passport at the embassy of the home country. As the mother is in the asylum process, she cannot have contact with the embassy.

There is the additional question of custody. If the mother has shared custody with the other parent, then the other parent will also have to give their consent at each stage of this process.

Depending on the age of the child, they made need someone to accompany them on the plane journey. This is a service generally offered by airlines. If this is not possible, the mother can contact the IOM (International Organisation for Migration) to discuss having someone accompany the child.

The mother should also be aware that having her child return to her home country may affect her own asylum case. If the grounds of her asylum case are individual persecution, then this is less relevant. But if she is basing her case on the situation more generally in her home country, then having her child return there would be an indicator she considers it to be safe, at least for her child. But as I say, it is not my area of expertise and so the person can seek out a specialised asylum process advice service (Asylverfahrensberatung).

Best,

Éanna

Answered: Kann ich eine Duldung erhalten, wenn mein heimland Reisepass abläuft?

Sat, 07 Dec 2024 15:16:40 +0000

Hallo und Willkommen zurück bei Wefugees!

Ich bin mir noch nicht sicher, ob ich deine Situation und deine Frage wirklich verstanden habe. Deshalb würde ich im Folgenden ein paar grundsätzliche Dinge erwähnen, die dir vielleicht weiterhelfen.

Zunächst einmal ist es von deinem aktuellen Status abhängig, ob du verpflichtet bist, deinen Reisepass verlängern zu lassen oder einen neuen zu beantragen. Wenn du im Asylverfahren bist oder als Flüchtling anerkannt wurdest, dann ist dir das in jedem Fall nicht zuzumuten. Wurde dein Asylantrag allerdings abgelehnt, sodass du offiziell ausreisepflichtig bist, bist du verpflichtet, einen aktuellen Reisepass bei der Ausländerbehörde abzugeben (wie Helios bereits richtig erklärt hat) oder zumindest deine intensiven Bemühungen, einen Pass zu bekommen, nachzuweisen. Wenn du ausreisepflichtig bist, es aber einen Grund gibt, warum du derzeit nicht abgeschoben werden oder ausreisen kannst (beispielsweise, weil du kein gültiges Reisedokument hast), solltest du eine Duldung ausgestellt bekommen (in der Regel nach §60a AufenthG; bei sogenannter "ungeklärter Identität" nach §60b).

Nun nochmal zu dem Paragraphen 25b: Dies ist eine Aufenthaltserlaubnis für "gut integrierte Erwachsene", die zum Beispiel geduldet sind (oder die das sogenannte Chancen-Aufenthaltsrecht nach §104c haben). Hier ist es wichtig, dass man eine "richtige" Duldung hat (also nach §60a). Die weiteren Voraussetzungen kannst du auch gut bei Handbook Germany in verschiedenen Sprachen durchlesen.

Ich hoffe, dies hilft dir weiter und komm' doch bei Rückfragen gerne nochmal auf uns zu.

Viele Grüße,

Meike

Answered: Was mache ich bezüglich der Anforderungen des 25b-Gesetzes?

Fri, 06 Dec 2024 00:01:17 +0000

§ 25b of the German Residence Act typically applies to individuals who have been in Germany as refugees or under humanitarian grounds for a significant period, and it may not automatically apply to someone who entered Germany as a student and then applied for refugee status.

Since your situation involves a change in your legal status—from a student visa to applying for refugee status—this could complicate things. The legal complexities surrounding your case mean that it would be highly advisable to seek professional legal advice from an immigration lawyer. A lawyer can help navigate the intricacies of your status, including whether you are eligible for a Duldung (toleration) or other residence options based on your circumstances.

Answered: Greetings everyone

Thu, 05 Dec 2024 23:51:15 +0000

If you are currently under the Dublin Regulation, your case may require you to be transferred to France, as it is responsible for processing your asylum claim. However, if you have serious health conditions that prevent you from traveling, you may be able to request an exemption or postponement of this transfer.

Since you have been receiving a normal Aufenthaltsgestattung (temporary residence permit) that has been renewed three times, it is unlikely that you would be deported while undergoing medical treatment. You can argue that your health condition, which prevents you from traveling, is a valid reason for staying in Germany.

You are currently receiving medical care for serious health issues, including surgery and ongoing treatment, which can be used to support your case. You should gather medical documentation from your doctors to present to the authorities to demonstrate your need for treatment.

If you think that the deportation is imminent, and you cannot travel due to your health condition, you can make a legal argument based on medical grounds. A lawyer will help you assess your chances and present the best possible case to the authorities.

Answered: Können Asylbewerber eine Ausbildung in anderen Bundesländern beginnen?

Thu, 05 Dec 2024 23:43:56 +0000

Asylbewerber können grundsätzlich eine Ausbildung beginnen, benötigen jedoch die Zustimmung der Ausländerbehörde, insbesondere wenn die Ausbildung in einem anderen Bundesland liegt. Dazu müssen sie einen Ausbildungsplatz nachweisen und möglicherweise einen Antrag auf Umverteilung stellen, um die Residenzpflicht aufzuheben.

Eine Ausbildungsduldung (§ 60c AufenthG) kann ihnen während der Ausbildungszeit ein rechtssicheres Bleiberecht gewähren. Wichtig ist, dass die Ausbildung anerkannt und mindestens zwei Jahre dauert, sowie der Lebensunterhalt geklärt ist.

Answered: Would I will be allowed to complete my German Integration course with Duldung status or they will deport me.

Thu, 05 Dec 2024 23:33:03 +0000

Having Duldung status means your deportation is temporarily suspended, but you are still legally required to leave Germany. You may be allowed to complete an integration course if your deportation is unlikely in the near future and you meet certain conditions.

Participating in the course shows your willingness to integrate, which can positively influence your residence status. However, attending an integration course does not guarantee protection from deportation. If you meet specific requirements, you might qualify for a longer stay through the Chancen-Aufenthaltsrecht. To improve your chances, ensure you follow all local laws and actively participate in your course.

don't want to live with my husband in usa

Thu, 28 Nov 2024 11:08:42 +0000

hello

i applied for asylum a week ago, my husband is a US citizen, i don't want to go to US, I had bad experience there (discrimination and harassment because of my Caucasian ****). i am from Lebanon, i live on the border with Israel, my house had been destroyed.

do i have a chance to get asylum.

thank you for your time.

Answered: My German girlfriend is pregnant and I am having a duldung, after birth of my baby can get residence permit in Germany

Mon, 25 Nov 2024 06:44:00 +0000

Dear @Ganesh,

Welcome to the Wefugees Community and thank you for your question.

We discussed similar ones a few times at this platform already. You may want to check this thread or the information provided here.

In short: As a father of a German child, you are entitled to a residence permit according to paragraph 28 of the Residence Act (Aufenthaltsgesetz). This right is based on you having custody and access rights to the child and is important that you are actually having a relationship with the child (please see this answer for more details on the so-called "Vaterschaftsanerkennung" as well). A requirement for this residence permit is that you possess a passport or you tried everything that was reasonable to obtain one. In case the immigration office is asking you to travel to your country of origin to apply for a family reunification visa, I recommend you to get some legal support.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

Answered: My Dublin precedure is finished - Will it have an influence on my asylum application?

Sun, 17 Nov 2024 09:01:23 +0000

Dear @Chubby,

Welcome to the Wefugees Community and thank you for reaching out to us.

First of all, I am very sorry to hear what you have to go through. Regarding your asylum procedure: As soon as the responsibility has been transferred to the German authoritites, they will examine your asylum application based on your reasons for leaving your country of origin and what would await you (in a worst case scenario) if you would have to return. The former Dublin procedure should not longer play a role. I recommend to get some individual support i.e. for the interview preparation (which is the most important part of the asylum procedure) - for example at a so-called "Asylverfahrensberatung" (asylum procedure counselling) or refugee counselling office (let us know if you need help in finding one).

All the best for your health and the asylum procedure and please don't hesitate to get back to us with any further questions!

Regards,

Meike

Answered: Threat of „Untätigkeitsklage“

Fri, 01 Nov 2024 11:40:13 +0000

Hi @venz03chen

You send it to the BAMF office where you made your asylum application. In German called ‘BAMF Außenstelle’. I recommend you send it by registered post (‘per Einschreiben’) as an email is not sufficient for formal matters like these.

The only other option you have is to actually file an Untätigkeitsklage with the local administrative court (Verwaltungsgericht). I advise you to discuss both the threat to do so and actually filing such a case first with your lawyer. A lawyer should be taking such actions on your behalf.

Best,

Éanna

Answered: Pregnant By German Citizen. No Papers plz Help! am desparate.

Mon, 28 Oct 2024 13:00:26 +0000

Hi @Katetwo2

If you wish to apply for asylum, then you can do so at any time. You can first get advice from an advisory service on the asylum process called ‘Asylverfahrensberatung’. When people apply for asylum they must first stay in a facility called an initial reception centre ‘Erstaufnahmeeinrichtung’. However, as you are pregnant, you are considered a vulnerable person and so the authorities have to find more suitable accommodation for you.

However, from your question it seems you only wish to apply for asylum in order to be able to stay in Germany. It is not necessary to apply for asylum or get married in order to stay. You will have a German child and so after the birth have the right to stay here. You can also be allowed to stay here before the birth. For example, if you were now in Kenya, the German embassy there would have to give you a visa to come to Germany even before the birth of the child. They visa is given between months 4-7 of the pregnancy.

In your case, you are already here but do not have any papers. Because of the rule about a visa during pregnancy, you can ask the immigration office (Ausländerbehörde) for a temporary paper that allows you to remain here legally. This paper may have a name like ‘Fiktionsbescheinigung’, ‘Bescheinigung über den vorübergehenden Aufenthalt‘ or ‘Duldung‘. Once the child is born, you can receive a regular residence permit as the parent of a German child. You have to provide the Vaterschaftsanerkennung and your passport. Also, if you have it, the declaration on shared custody ‘Sorgerechtserklärung’.

A common issue that comes up in such cases is not having the correct visa. This means that the immigration office tells someone they fulfil the requirements for a residence permit but as they did not come to Germany with the correct visa, they are told to first leave the country and go through the visa process before they can come back and be issued with a permit. If this happens, then you should point out that you have a young child and as a result cannot leave Germany for an extended period. It is generally seen as unreasonable to require the parent of a young child to leave and do the visa process.

You need to make sure you get the medical attention you need. As you do not have health insurance, you can go to special organisations that provide healthcare to people in your situation. The organisation Malteser provides this service in many parts of Germany:

https://***-malteser-de.translate.goog/menschen-ohne-krankenversicherung.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Depending on the type of temporary paper you get from the immigration office, you can then get healthcare covered by the Sozialamt.

I recommend you also to speak with an organisation that helps pregnant women in your area. This is called ‘Schwangerenberatungstelle’. For example, they can help to apply for money from a special fund for pregnant women in difficulty called ‘Bundesstiftung Mutter und Kind’. Here you can search for one:

https://***.familienplanung.de/en/counselling/find-counselling-centre/

It is important you are aware that both illegally entering Germany (illegal Einreise) and illegally staying here (illegaler Aufenthalt) are crimes and so the authorities may begin criminal proceedings against you. If they do so, this will likely result in a fine to pay unless you have had other legal issues also.

Please note that the advisory services I mentioned are confidential and for free. They will assist you even if you at present do not have the right to be in Germany.

Best,

Éanna

Answered: Asking Asylum As Refugee Student From Somalia

Mon, 28 Oct 2024 05:43:22 +0000

Dear @Yoseph_Mostafa,

Welcome to the Wefugees Community and thank you for reaching out to us.

It was not clear to me from your explanation why your residence permit (I assume you are holding one according to §16b) can not be extended. This would most probably be the best option. Since you are working, you shouldn't have issues to secure your livelihood (which would be one requirement for the extension). In case there is no other option than applying for asylum, you can of course do so. You have a Somali citizenship, right? I am not a lawyer and I can't make an assessment as to how the Ethiopian papers (travel documents) might affect your chances of recognition as a refugee.

Regarding the asylum application as a student, my colleague answered a very similar question here. He stated: "As long as [someone] still has a valid residence permit and applies for asylum before it expires, then they are not obliged to live in a special refugee reception centre. For people who have residence permits and apply for asylum, the rules around accommodation are different to a person who does not have a residence permit. However, if they apply for asylum and are not able to pay for their own housing, then they will be housed by the social office (Sozialamt). This would likely mean the person would be housed in a refugee centre (Gemeinschaftsunterkunft)." However, I am not sure whether this only applies as long as the current residence permit is valid for at least 6 months. I would therefore recommend that you seek advice from a lawyer or an experienced counselling office (i.e. "Asylverfahrensberatung") as soon as possible.

I can't make any statements regarding your scholarship because I don't know the individual conditions.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

Answered: I entered the EU with a visa from Norway - can I apply for asylum in Germany?

Sun, 27 Oct 2024 06:11:52 +0000

Dear @TrueBoY,

Welcome to the Wefugees Community and thank you for reaching out to us.

In the EU (plus countries like Switzerland and also Norway) the so-called Dublin III Regulation determines in which your asylum procedure must be processed. In principle, the state which you have first entered when you arrived in the EU or the one which has issued you an entry visa is responsible for your asylum application. I am not an lawyer or an expert on the Dublin Regulation, but I assume that is possible that in your case another country than Germany is supposed to assess your asylum case. We discussed similar questions here and also here before. For more details on the Dublin procedure, you can also check Handbook Germany. In general, I highly recommend you to get some individual counselling by a lawyer or a refugee counselling office (like the so-called "Asylverfahrensberatung"/asylum procedure counselling). The latter offer free of charge and confidential support.

I hope this helps and don't hesitate to get back to us with any further questions.

All the best,

Meike

Answered: Heirat und Asylverfahren – Informationen und Fragen

Fri, 25 Oct 2024 10:44:44 +0000

Hallo @Fai

hierunter sehen Sie die Antworten zu Ihren Fragen.

1. Wie wird das Asylverfahren im weiteren Verlauf ablaufen, und gibt es bestimmte Schritte, die wir beachten müssen?

Hier sind zwei zuverlässige Links, die das Asylverfahren gut erklären:

https://***.bamf.de/DE/Themen/AsylFluechtlingsschutz/AblaufAsylverfahrens/ablaufasylverfahrens-node.html

https://handbookgermany.de/de/asylum-procedure

Das zweite ist auch auf Arabisch für Ihren Verlobten verfügbar:

https://handbookgermany.de/ar/asylum-procedure

2. Besteht die Möglichkeit, dass der Asylantrag Einfluss auf unsere Heiratspläne oder den Aufenthalt meines Partners hat? Müssen wir mit Schwierigkeiten rechnen?

Die Schwierigkeiten bei solchen Fällen sind meistens mit den erforderlichen Dokumenten verbunden. Um zu heiraten, muss er einen Antrag auf Befreiung von der Beibringung des Ehefähigkeitszeugnisses beim Oberlandesgericht stellen. Er bräuchte neben der Befreiung mindestens auch noch einen gültigen Pass und seine Geburtsurkunde. Je nach Land wird das Standesamt eventuell andere Dokumente anfordern.

Wenn jemand Dokumente beim Standesamt vorliegt, wird ggf. die Ausländerbehörde darüber informiert.

Menschen im Asylverfahren können keinen Kontakt mit den Behörden der Heimat aufnehmen, auch zum Beispiel um einen Reisepass zu beschaffen. Falls es für ihn nicht möglich ist, die nötigen Dokumente dem Standesamt vorzulegen, können sie eine eidesstattliche Versicherung akzeptieren. Das wird aber nur selten in Ausnahmefällen gemacht.

3. Wann ist es ratsam, sich bei dem Standesamt für eine Eheschließung zu melden, insbesondere im Hinblick auf den laufenden Asylprozess?

Ich sehe da keinen Unterschied, ob früher oder später. Die Voraussetzungen bleiben gleich. Bloß falls sein Asylantrag abgelehnt wird, kann er dann Kontakt mit den Behörden seiner Heimat aufnehmen.

4. Welche Unterlagen benötigen wir beide für die Eheschließung, sowohl ich als deutsche Staatsbürgerin als auch mein zukünftiger Ehemann als asylsuchender Staatsangehöriger Algeriens?

Siehe oben. Das Standesamt kann Ihnen genauer erläutern, was Sie als deutsche Staatsbürgerin benötigen.

5. Gibt es besondere Voraussetzungen oder rechtliche Hürden, die wir aufgrund des Asylstatus meines Partners beachten müssen?

Wenn sein Asylantrag abgelehnt wird, muss er nach einer Eheschließung wahrscheinlich erstmals ausreisen und das Visumverfahren durchlaufen, vor er wieder einreisen darf.

Beste Grüße

Éanna