Wefugees - Recent questions and answers in Legal Information

Answered: No response from Ausländerbehörde on §28 application father of a German citizen

Fri, 22 May 2026 15:08:37 +0000

I’m not sure if your situation has been resolved by now but I wish to provide an answer in any case. Yes, after three months without any response or action on the part of the immigration office, you can file a lawsuit of inactivity (Untätigkeitsklage) with the local administrative court (Verwaltungsgericht).

As we are not lawyers on this platform we cannot advise as to whether this is the best course of action. If you wish to file a lawsuit, then you should get legal advice beforehand. A lawsuit, however, will also take time and cost money. Have you tried contacting an organisation that provide free assitance to migrants such as a refugee social worker that provides support in your asylum housing or a migrant advisory service (Migrationsberatung - MBE)?

The only possible issue I can see at present in your case is that you are still living in asylum accommodation. This cannot be held against you, however, as you have requested to move and your partner has confirmed you are caring for your child. Strictly sparking, the permit § 28 is for parents who have shared custody (gemeinsames Sorgerecht) but can also be issued to parents who do not have this.

Best,

Éanna

Answered: Very urgent , letter from BAMF,

Fri, 09 Jan 2026 12:58:50 +0000

Dear @Malcolm

Based on your account of your friend’s situation, I can only think of the following possible grounds for the review of her subsidiary protection:

If she applied for or renewed her passport from her home country.
She was a minor under 18 years of age when she received the protection.
She received the protection status by making false claims or using falsified documents.
The conditions in her home country that led her to receiving subsidiary protection have changed. The change must be significant and not just of a temporary nature. It is BAMF’s obligation, rather than your friend’s, to prove that such a substantial and lasting change has taken place.

As part of the procedure, she must be informed both that a review of her protection is underway and also the reasons for this. This is in accordance with an EU directive on granting and withdrawing international protection. It is in article 45, section 1, part (a) of this directive:

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013L0032

During the process she may be required to provide a statement in writing or at an interview in person. She must be informed in writing about any obligations on her part to do so. Her cooperation in this procedure is only required if the cooperation is both necessary for the review and reasonable for her to do so.

An interview is generally required if she received her status as part of a written asylum procedure which was used in particular for asylum seekers from Syria and Iraq in the years 2015 and 2016. If she had an in-person interview ‘Anhörung’ as part of her asylum application, then if she is requested to go to a review interview, she can request BAMF in writing as to whether this is necessary.

I cannot assess the chances of her status being revoked or maintained as I do not know enough about her situation.

She can apply for permanent residency now. Generally a person needs to have been working for 5 years to be entitled to this. If she was not working for some of the last 5 years because she was looking after her children, then this is taken into account.

She cannot apply for 25b as it only applies for people with the document ‘Duldung’.

I recommend she applies for permanent residency and checks the letter from BAMF again to make sure that a specific reason for the review was not mentioned. It is open to her to seek legal advice or support from a migrant advice service to establish the grounds for the review. But based on your description of the situation, she has as of yet only been informed of the review process and isn’t under any obligation do to anything.

Best,

Éanna

Relocated after applying for Naturalization

Fri, 26 Dec 2025 17:17:07 +0000

Hello Wefugees,
I wish you all happy merry Christmas and new year.

I would like to ask this pressing question on my mind.
What happens if I have already applied for Einbürgerung in one Bundesland or city and then I moved to another city or Bundesland in between?
will I have to restart the whole process all over again or my file will be transferred to the authority of my new place of residence?

Thank you

Answered: Cis it possible for my kid to have dual citizenship without affecting my residency as parent of German ?

Tue, 02 Dec 2025 05:11:26 +0000

Dear @Li,

Thank you for your question. Holding a residence permit according to section 28 of the German Residence Act (as a parent of a German child), the double citizenship shouldn’t have any effect on your status in Germany. The important aspect is here the German citizenship of your minor/underaged child.

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

All the best,

Meike

Answered: Request for Advice regarding My Child’s Contact with His Biological Father

Sat, 01 Nov 2025 09:24:46 +0000

Dear @Simi,

Welcome back at Wefugees and thanks for reaching out to us again.

I'm sorry to hear that the father of your child doesn't want to be involved or have any contact at the moment. Unfortunately, you can't force him to have contact (the situation is different when it comes to child support obligations, of course, but I assume that has been clarified?). However, this may be for the best, as forced contact is usually not good for the child—you want to protect them from possible rejection.

However, he can also not simply show up and disappear again if this is harmful to the child. In this case, the youth welfare office ("Jugendamt") can provide advice or a court can make arrangements. Even if the father does not want any contact, the youth welfare office can advise you on how best to protect and support your child. For example, how you can talk to your child about their absent father, how you can cope with emotional stress, or what support services (counseling centers for single parents, etc.) are available.

Are you already in contact with the Jugendamt?

I wish you all the best in finding a good and stable path and please don't hesitate to get back to us with any further questions or with updates.

Regards,

Meike

Answered: Addition to my previous post

Thu, 23 Oct 2025 08:48:24 +0000

Hi @Jessica27

You addressed your question and comments to previous answers to my colleague Meike. We work here as a team, however, and so generally questions are open to be answered by any of us. I wanted to give you some feedback on your question.

I do not understand what the person spoke with means by you ‚not having a right‘ to the residence permit 16g and that the immigration office has a ‚choice‘ to give it to you or not. It is important to know that 16g is a type of permit that must be issued if a person fulfils the requirements. You’ll see this if you **** at the German legal text of this paragraph in the immigration law (Aufenthaltsgesetz):

https://***.gesetze-im-internet.de/aufenthg_2004/__16g.html

It states that the permit ‚ist…zu erteilen‘. This means it must be given. There are other types of permits, where the law states they should (soll) be issued or can (kann) be issued.

You either fulfil the requirements for 16g and must be given it or you do not fulfil the requirements and your application must be rejected. Unlike other types of permit, the immigration office does not have discretion (Ermessen) in such cases.

Your identity was clarified (Identitätsklärung) after 6 months had already passed since making your asylum application. If it important to know that the six-month deadline does not necessarily require your identity to have been clarified in that time. It states that you must take all required and reasonable steps that are possible for you to do in that time. You cannot, for example, make contact with the authorities of your home country during the asylum process. It is not clear at what point in the timeline you first tried to obtain your birth certificate through your parents. If it was within 6 months of making your asylum application, the immigration office has to assess whether this was the only option available to you in this time to clarify your identity.

I do not understand the suggestion of applying for 16a. Firstly, 16a is such a permit that ‚should‘ be given. Unlike 16g, it must not be given and the immigration office have more discretion to approve or not. You would also first have to leave the country and apply for a visa with the German embassy in your home country. As you mention the Ausbildungsduldung not being an option, if the application for 16g is rejected, then 16a is the only option left available. There is a special fast-track procedure for such applications at the German embassy called ‘beschleunigtes Fachkräfteverfahren’ but it will still take at least a couple of months.

You can file a lawsuit of inactivity if an authority has not acted on your application after three months. It does not mean your case must be decided within three months. It means that there must be some kind of action on a case on their part within three months. If you wish to file such a lawsuit, you should speak with a lawyer. We can only provide a general assessment of your situation here and only a lawyer would be able to assess the likelihood of a potential lawsuit being successful or not.

Is the organisation you spoke with willing to enquire with the immigration office on your behalf? If not, you yourself can write a letter to the immigration office which clearly states the timeline of events, and importantly detailing exactly what happened when with regard to identity clarification. If you have been doing well at your Ausbildung and have grades to prove this, you can send this also. Give them a deadline of two weeks to provide a response. You can mention that you have the option to file a lawsuit of inactivity if it has been more than three months without any action in your case.

You say you are working for a large company. This company should have a HR department (in German ‚Personalabteilung‘) which is dedicated to handling employees’ needs. Another suggestion would be to ask this department to make a representation to the immigration office on your behalf. They can explain that you having a Duldung leaves both you and the company in a situation where every six months it is unclear whether you can continue the Ausbildung or not.

Best,

Éanna

Answered: Does the time spent under Duldung and § 104c count towards permanent residency?

Sun, 19 Oct 2025 14:35:33 +0000

Dear @Nemo,

I agree with Mashkoko, the time you are holding the residence permit according to section §104c ("Chancen-Aufenthaltsrecht") should count as well regarding the minimum amount of years of residence required when you apply for the permanent settlement ("Niederlassungserlaubnis").

All the best, Meike

Answered: I have until end of October to submit A2 language certificate

Sun, 19 Oct 2025 14:31:30 +0000

Dear @Mashoko,

Welcome back at Wefugees. As my colleague Éanna was mentioning in his answer on your last question, only the spoken A2 is required for the residence permit according to §25b. Did you you check the results of your last exam properly? Did you fail in "mündlich" (oral) as well? In case, you might want to focus on your speaking skills for the time being and check institutions which offer also A2 oral exams. Maybe a counselling office in your area can help you with this. If the exam date is later than end of October, they might also be able to help you to convince the "Ausländerbehörde" to wait until the appointment.

Please let us know if you need support with finding a counselling service close-by and don't hesitate to get back to us with any further questions.

All the best,

Meike

Answered: What are my options after graduating from a German university?

Fri, 10 Oct 2025 07:36:00 +0000

Hello and thank you for reaching out to us again.

I saw that my colleague Éanna provided already some information on your wife's options in one of your ealier opened threads here.

Regarding your perspecitves: After successfully completing a degree at a German university, you have the option of obtaining a residence permit for 18 months to search for a job. You can find more information on this here at “Make it in Germany.” If you found a job, you may apply for a residence permit according to section §18b of the German Residence Act. One of the requirements is that you have a concrete job offer from an employer in Germany. It is important that this is a qualified position. This means that a university degree or qualified vocational training is usually required to perform this job. Unskilled work is therefore not sufficient.
The job does not have to be related to your qualifications. However, you will need a license to practice your profession if you want to work in a regulated profession.

Here some information on the "Fiktionsbescheinigung" since there seem to be some confusion (source):

In certain circumstances, a person who has applied for a residence permit is considered to be legally resident until a decision has been made on their application. This is the case, for example, if a person does not have a residence permit but is nevertheless legally resident in Germany – such as persons who enter without a visa and are allowed to stay in Germany for a certain period of time (e.g., US, Canadian, Israeli, and Japanese nationals).

This so-called “fictitious permission/Fiktionsbescheinigung” is certified with a fictitious certificate in accordance with Section 81 (3) of the Residence Act

The fiction of continued validity pursuant to Section 81 (4) of the Residence Act must be distinguished from the fiction of permission. This applies in cases where a person already has a residence permit and applies for its extension or for the issuance of another residence permit before it expires. In this case, the old residence permit continues to exist with all legal consequences (e.g., access to the labor market, entitlement to social benefits) until a decision is made on the new application. In this case, too, there is an entitlement to a certificate of fiction.

Anyone who has a provisional residence permit in accordance with Section 81 (4) of the Residence Act can travel abroad and return to Germany legally. This is not possible with a provisional residence permit in accordance with Section 81 (3) of the Residence Act. The difference is that in the case of Section 81 (4) of the Residence Act, an existing residence permit is considered to be valid, which means that the entry requirement of possessing a valid residence permit is fulfilled. In the case of Section 81 (3) of the Residence Act, this is different because only the stay is considered to be permitted without a residence permit.

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

All the best,

Meike

Answered: Decision from court

Mon, 06 Oct 2025 23:57:06 +0000

Hi Albertz,

Thank you for sharing your situation, it sounds like it has been quite stressful.

From what you describe, the judge already gave a clear recommendation to the Ausländerbehörde (immigration office): to give you a residence permit under §25 AufenthG (most likely §25 Abs. 5), since you are caring for your child while your wife is working, until your wife’s citizenship renunciation process is finished.

However, the Ausländerbehörde (immigration office) sometimes does not immediately follow the court’s proposal. The judge can give a strong recommendation or even a temporary ruling, but the final administrative decision is made by the Ausländerbehörde. That’s why the judge gave them time (until April 7) to agree or disagree with the compromise.

To your question:
Yes, the Ausländerbehörde can still decide to give you the residence permit under §25, if they agree with the court’s proposal.
But they could also decide to give you a Duldung (temporary suspension of deportation) until your wife’s renunciation is completed, if they prefer that option.

The best thing you can do right now is to:

Stay in touch with your lawyer and make sure they follow up before the April 7 deadline.
Keep proof that you live with your family and take care of your child (e.g. letters from employer, daycare, etc.).
Be patient — if your wife’s renunciation is already in process, the chances are good that you will later receive the §28 residence permit for family reasons.

So yes, there is still hope that the Ausländerbehörde gives you the §25 permit. It depends on how they respond to the court’s recommendation.

Warm regards
Conny

Answered: 25b Absatz 1 S1 to Niederlassungserlaubnis 18c

Thu, 02 Oct 2025 13:06:02 +0000

Hallo @Coop

eine Niederlassungserlaubnis nach § 18c ist für Sie aktuell nicht möglich. Eine Voraussetzung dafür ist ein Aufenthaltstitel nach §18a, §18b, § 18d oder § 18g. Das steht im Paragraf 18c, Absatz 1 Aufenthaltsgesetz:

https://***.gesetze-im-internet.de/aufenthg_2004/__18c.html

Wenn Sie Ihren aktuellen Aufenthaltstitel jetzt zum § 18a wechseln würden (weil Sie eine Ausbildung gemacht haben), müssten Sie noch 2 Jahre mit dem § 18a bleiben, vor Sie eine Niederlassungserlaubnis bekommen könnten. Daher macht es für Sie mehr Sinn, beim § 25b zu bleiben, bis Sie die 60 Monate in die Rentenversicherung eingezahlt haben. Dann können Sie eine Niederlassungserlaubnis nach § 9 Aufenthaltsgesetz bekommen.

Beste Grüße

Éanna

Answered: I have a German child and the immigration office is asking me to apply for a visa at the embassy - What can I do?

Tue, 30 Sep 2025 18:53:24 +0000

Hallo alla_fke I have a question I am married to germany citizen and i am working but the ausländerbehörde is asking me to go back to my home country and apply for family reunion visa I am so confused coz no one have tell me that be I get married to my germahy wife any advice

Answered: Leben in Deutschland Test result

Wed, 17 Sep 2025 08:08:32 +0000

Hello and welcome back at Wefugees!

Yes, you almost achieved full marks (32 out of 33) - good job!

17 points is the minimum result required for the naturalization.

All the best,

Meike

Answered: Scheidung und Einbürgerung

Thu, 04 Sep 2025 13:12:22 +0000

Hallo @Pk14

nein, es besteht kein Risiko. Sie haben die deutsche Staatsangehörigkeit erhalten und eine Scheidung ändert nichts daran.

Beste Grüße

Éanna

Answered: What can I do if I don't receive an answer to my application for a residence permit from the "Ausländerbehörde"?

Wed, 27 Aug 2025 08:44:33 +0000

Hi, thank you for the message.

Let me just break down my situation.

I was an asylum seeker in south africa.

moved to germany with only my asylum seeker documents i received in south africa as those were my identification documents. Almost like an aufenthaltsgestattung but it has a scannable barcode.

when i had my interview i provided the asylum documents because thats the only documents i had. i left my home country as an infant and as you know as an asylum seeker you can not seek documents like an ID or anything from your home country unless you are directed to do so by the immigration office. In south africa just like here, you can use the asylum seeker document to do anything and everything except for traveling outside the country.

At the interview i was asked about if i have identification from my home country which i said no, ive never had which is true. ive only ever used the asylum documents considering ive never left the country. The interview happened, i was told that after the interview if ever i have any extra doocuments, i should bring it in.

After a few months of leaving the Reception Center. I went to the Immigtation Office and ask them to explain my residence permit, what i can do and what i cant. thats when they told me my identity has not been cleared, even though when i **** on the screen i could see the asylum seeker document i have them. And they told me that its not a proof of identity. I was never told at my interview or anytime between that that my identiry has not been cleared.

So i informed my parents about it and told them i need to clear my identity, i never had a id from my country because only i can do that. but my parents did their best and was able to get my birth certificate. which a month or 2 after the time i went to the immigration office i sent it to BAMF on the address i received after my interview when i was told "if i have any documents i should send to them".. I was never given a response if it was received or not. Like nothing at all. I received a negative on my asylum application beginning of last year and when i went through the documents, i saw the birthcertificate copy inside with a stamp of when i sent it and everything. so it was only when i received the negative letter did i know that they received my birth certificate.

obviously i did an appeal which was approve and i waited for a court date which never came. After speaking to a couple of Asylum Advisors. they told me about 16g which is when i thought of getting it.

End of February i applied for 16g and since then ive been waiting for a response. im always reaching out to check how far it is and the response is always i should be patient till today.

Just to be clear i was not hiding my identity, i thought it was cleared, soon as i found out it wasnt, i cleared it.

And yes, the immigration office emailed me after i applied for 16g about this and i explained the exact same thing which they responded with okay.

but till today im still waiting for an outcome to my application

the reason i do not want to get an Ausbildungduldung: I am in tech, we have a lot of activities happening at school and at work. for example this year alone my school had 2 Auslands Programs which are fully funded for and i couldnt participate because i cant travel. My work has a workshop for all my colleagues in Austria and everyone went except me because i cant travel. both my sisters got married which i couldnt attend. there are a lot of women in tech events all over europe that i would like to attend but i cant with an ausbildungsduldung i will be restricted. so i dont want it. for each travel i kept in touch with the immigration office and they told me to be patient. They also advised me if i urgently need the residence permit i should leave the country voluntarily and apply for a visa and come back and thats the fastest way otherwise i have to wait cause everything takes long and they are very understaffed but thats a very uncertain situation and dont want to get stuck outside. so i decided against it.

Quick Timeline:

Moved to Germany October 2022

first interview where they register you was November 2022

Main interview January 2023

Went to Immigration Office May/June 2023

Gave birth certificate August 2023

asylum case was closed December 2024 which i reached out to my country embassy and got an ID

Provided the ID the embassy gave me to the immigration office January 2025

Applied for Passport after getting duldung 60a and gave it to the immigration office February 2025.

Answered: Einbürgerungsantrag

Sat, 26 Jul 2025 09:38:34 +0000

Hello Great Man and thanks for your question.

As you can also read at this government website, you may have to pay up to the full amount in case they reject your application. It varies from case to case. I am afraid that there will be no legal ground for a full refund. I experienced it before though that the authorities may ask you to pull the application back (if requirements are obviously not met) in order to avoid costs. But this is probably at the discretion of the immigration office. Maybe other community members can share their experiences as well.

All the best,

Meike

passport of dual citizenship

Wed, 23 Jul 2025 00:54:05 +0000

hello liebes Wefugee Team,
i just wanted to know. My daughter has Philippine passport but also have german residency card through me. Recently she acquired the citizenship of her Father (Bosnia). She entered Bosnia with Phil. pass and will exit Bosnia with Bosnian passport. Im kinda worrying bcoz she have different passport when entering and exiting Bosnia. I know that Bosnia is non EU and for residence of EU countries can visit there for 90 days.. My daughter will stays for 5months with her Father in Bosnia and will get back in Germany before 6 months so she would not loose her residency. Will there be a problem at Immigration of Bosnia when i show her Bosnian Passport when exiting? because of Entering Stamp from passport since its in different passport?

Answered: Is the period in which I held a residence acc. to §25 (5) counting for the naturalisation?

Wed, 02 Jul 2025 06:00:00 +0000

Hello and thank you for your question!

It is true that you cannot be naturalised directly with a residence permit according to §25 (5). As far as I know, however, the years in which you have had a residence permit in accordance with § 25 (5) count towards the corresponding previous residence period (Voraufenthaltszeit) for the German citizenship.

Would you agree with me, dear @mbeon-Éanna?

All the best,

Meike

Answered: Urgent help with Sorgerecht issues

Thu, 19 Jun 2025 04:42:37 +0000

@Lydia, hmmmm. Why on Earth would you want to take away a fathers right from his kids? If a lady do this to ur blood brother how will u feel? I understand sometimes some guys nor dey try at all.. But, nevertheless just ignore him because of the kids. U can let him go so u can focus on ur life but, making him feel useless by taking away what he achieved here. That's bad.. Have a good day Sist..

Answered: Urgent case seeking advice.

Tue, 03 Jun 2025 10:24:28 +0000

Hi @Malcolm

Based on the information you provide on your sister's situation, in my view the reisdence permit 25b would be the best option for her. I am assuming the child does not have German or EU nationality.

She must first apply for a Duldung for herself and child, now that her case has fully ended. Once she has a Duldung, she mostly fulfils the requirements for 25b, as long as she has or does the 'Leben in Deutschland' test also. The requirement of financial security is not necessary if she is a single parent with a child under 3. If she is not a single parent, then it depends on the broader family financial situation. Here is a good overview on the requirements for permit 25b:

https://fluechtlingsrat-bw.de/wp-content/uploads/2020/12/2020-10-29_Zielgruppenflyer_25b_3.0.pdf

As she has a degree and very good German, she could also apply for a qualified job and get the permit 18b. The advantage of this permit is that she could get permanent residency after 2 years. However, for 18b she would first have to leave the country and go through a visa process.

Best,

Éanna

Answered: Anfrage zur Niederlassungserlaubnis und weiteren Perspektiven mit Aufenthalt nach § 25b Abs. 1 Satz 1 AufenthG

Sat, 31 May 2025 07:47:38 +0000

Hallo Coop,

willkommen zurück bei Wefugees und danke für deine Fragen.

Zunächst einmal herzlichen Glückwunsch zu den guten Leistungen in der Ausbildung - da könnt ihr wirklich stolz drauf sein! :-)

Die Niederlassungserlaubnis für Fachkräfte, wenn ihr beispielweise eine Aufenthaltserlaubnis nach §18a AufenthG habt, könnt ihr grundätzlich nach drei Jahren beantragen. Dafür müsstet ihr allerdings die Aufenthaltserlaubnis nach §18a für drei Jahre besessen haben. Daher wird es vermutlich bezüglich der Geschwindigkeit keinen großen Unterschied machen, ob ihr nun nach fünf Jahren mit dem §25b eine Niederlassungserlaubnis beantragt oder erst noch wechselt und dann nach drei Jahren mit dem §18a. Die genauen Voraussetzungen für die Niederlassungserlaubnis als Fachkraft könnt ihr auch bei "Make it in Germany" nachlesen. Mit einer Aufenthaltserlaubnis nach §25b könnt ihr euch ebenfalls nach fünf Jahren einbürgern lassen. Lest die Voraussetzungen doch, zum Beispiel, hier nach.

Mit dem §25b dürft ihr auch ins Heimatland reisen, diese Frage haben wir schon ein paar mal hier bei Wefugees besprochen. Schaut euch doch gerne z.B. diesen Beitrag an.

Ich hoffe das hilft euch weiter und kommt doch bei Rückfragen gerne nochmal auf uns zu!

Viele Grüße,

Meike

Answered: 1mal Übertrag Niederlassungserlaubnis/Dauernaufenthaltkarte

Tue, 27 May 2025 05:29:05 +0000

Dear Sidra,

I don't think I have fully understood whether you have already been granted a permanent settlement permit (Niederlassungserlaubnis) or have now applied for it for the first time. I did some research: EUR 67 is the usual amount for transferring a residence permit or permanent settlement permit to a new passport. The actual issuance is usually more expensive, if I understand correctly.
Is your title above ‘1-time transfer of settlement permit/permanent residence card’ the title of the invitation from the immigration office? This would indicate that a permanent settlement permit (Niederlassungserlaubnis) that has already been issued is merely being transferred and that the aim here is not to obtain a new title. Perhaps you would like to come back to us for clarification.

Best regards,
Meike

Answered: Can I be deported by Ausländeramt, if I have Vaterschaft and Sorgerecht for a german child I have not legal status

Sun, 18 May 2025 08:22:21 +0000

Hello @Pargat and welcome back to Wefugees.
I'm sorry to hear that you haven't been able to resolve your complicated situation yet. However, I'm afraid we can't give you any more advice than my colleague Éanna already did in your last open thread where he wrote:

"In general, a person in your situation has to leave the country and go through the visa process. An exception can be made if the person is a parent of a small child but the authorities have discretion based on individual circumstances. If the application and appeals process has now ended, then in my view getting legal advice on how to avoid having to leave the country is the best option. I do not see what benefit applying for asylum would bring unless you have grounds for seeking asylum. As a parent of a German child, it is highly unlikely you would be deported, as long as you have an ongoing relationship with the child. We cannot provde legal advice here."

All the best for you and please don't hesitate to update us on your case.

Regards,

Meike

Answered: Vaterschaft recognition information

Sun, 18 May 2025 06:58:35 +0000

Hello and welcome back to Wefugees,

I agree with Islito. In principle, it is possible to recognise paternity even with a toleration (Duldung). However, authorities vary in their strictness - especially if one parent only has a Duldung/no residence permit. In some cases, the competent authorities (youth welfare office/Jugendeamt or registry office/Standesamt) check whether the paternity acknowledgement is serious and is not a so-called fictitious paternity (e.g. to secure residence). The immigration authorities may also be involved in this process. The new federal government even wants to introduce a new law, which in turn states that the foreigners authority should always be involved if there is a discrepancy between the parents involved with regard to their residence. However, this proposal has not yet been adopted or implemented.
I hope that this information will help you and we are keeping our fingers crossed that the paternity acknowledgement will go smoothly for you.

Best regards,

Meike

Answered: I have a german child and the authorities wants me to go home and apply for a visa what should I do

Fri, 16 May 2025 13:55:13 +0000

Hi @Micky

As you have a lawyer, that is the person best placed to inform you about what your options are. Here we can only provide some additional information that may help you better understand your situation.

In German immigration law, a person wishing to stay longer-term in Germany requires the appropriate visa before coming here, e.g. a study visa to come to study, a family reunification visa to come and live with family members. If a person comes without a visa and tries to stay longer, then they are generally told they have to leave the country and get a visa. The authorities have to disregard this rule, however, if it is unreasonable to require someone to leave. You’ll find the legal basis for this in paragraph 5, section 2 of the immigration law (Aufenthaltsgesetz):

https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0095

It states that the visa requirement must be waived “if special circumstances in the individual case concerned render a subsequent visa application procedure unreasonable”.

The law does not further define what is reasonable and unreasonable when requiring someone to get a visa. Your lawyer has made representations about your partner requiring your assistance after giving birth. It could also be important to point out the welfare of your child and the negative effects on them if you are obliged to be separated from them for a lengthy period at such an important stage of their life. There have been various court decisions on this question of reasonableness when there is a parent/child relationship.

You need to speak to your lawyer about what options are available to you and their potential consequences and costs, for example to write an appeal (Widerspruch) if your application for a residence permit has been turned down, or to file a lawsuit (Klage) with the administrative court if your appeal has already been turned down.

Best,

Éanna

Answered: Can we get a travel document from German authorities if the issuing of our national passport takes time?

Fri, 16 May 2025 10:37:10 +0000

Hi @a_2023

There is a travel document called a ‘Reiseausweis für Ausländer’ which can be issued by the Ausländerbehörde. It is sometimes referred to as a grey passport (grauer Pass).

The Ausländerbehörde only issues this in cases where it is unreasonable or just not possible for a person to obtain a passport, e.g. if their embassy does not currently issue passports and the person has no way of having a passport application in their home country processed. I’m afraid that the fact that your embassy is taking time to process your application is not a sufficient reason to be given this type of document.

Best,

Éanna

Answered: Health insurance issues

Tue, 06 May 2025 10:07:58 +0000

Hi @Lily

I recommend you speak to the organisation ‘Unabhängige Patientenberatung’ (Independent Patients’ Advice). This organisation advises people in Germany on all kind of health-related issues, including health insurance.

As far as I remember, they used to have some information on their website in English and other languages. They also had specific contact numbers for advice in these languages. Now I am only able to find information in German and no reference to other languages. I have used an online translator to put their site in English:

https://patientenberatung-de.translate.goog/beratungsangebot/?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

If you call them, then hopefully they will have someone who will speak English.

Best,

Éanna

Answered: Child's legal stay in Germany

Thu, 24 Apr 2025 15:49:29 +0000

Hi @Freetown

I cannot advise about in which country to deliver a child. I will point out, however, that your wife may have issues with the costs of the delivery if she does so in the Netherlands. If she has German health insurance, then this also includes the European Health Insurance Card (EHIC). This, however, is intended only for emergency medical treatment while travelling in the EU and so she may have issues if she tries to use it to cover the cost of a delivery.

A new-born child of foreign parents is only entitled to German citizenship at birth if a parent has been in Germany for at least five years and has permanent residency (Niederlassungsleraubnis). As your wife has a limited permit for 3 years, the child is entitled to a resident permit according to paragraph 33 of the immigration law here in Germany. If your wife at a later point becomes a German citizen, then the child will also receive German citizenship.

Best,

Éanna

Answered: Divorce German national in less than 3 years

Sun, 20 Apr 2025 13:42:17 +0000

Dear Pan, dear Nicolette,

I'm so sorry you're going through this right now. Separation is hard enough emotionally—and when your right to stay in Germany depends on your marriage, it can feel overwhelming and uncertain. Please know you’re not alone, and there are paths forward.

Here’s what you should know:

If You Separate Before 3 Years of Marriage

Under German law (§ 31 of the Residence Act), your right to stay in Germany based on your marriage normally depends on having been married and living together for at least three years in Germany. If your marriage ends before that, your residence permit can be revoked or not extended, unless an exception applies.

But There Are Important Exceptions – Especially in Cases of Hardship

If you’ve experienced domestic violence or emotional abuse, there is hope. The law allows exceptions to the 3-year rule in hardship cases. This means that even if your marriage lasted less than three years, you may still be able to stay in Germany.

To qualify, you’ll need to show that continuing the marriage was not reasonable or safe for you. This can include:

Police reports
Medical or psychological records
Statements from women’s shelters, counseling centers, or support workers

Each case is looked at individually, and yes, it can feel like a lot—but you don’t have to do it alone. Support is out there

What Happens to Your Residence Permit?

If you don’t apply under the hardship exception (or don’t qualify), your current residence permit may be:

Shortened
Not renewed once it expires
Or possibly revoked

But: If you have another reason to stay (for example, you’re working, studying, or have children here), you might be able to apply for a different type of residence permit.

Also important: If you have children with your German partner and you have custody or regular contact, that can also be a reason for an independent right to stay.

What You Can Do Now

Speak to a lawyer or a migration counseling center as soon as possible.
They can help you figure out which options you have and help you apply correctly.
If you are applying under the hardship rule, try to gather as much documentation as possible and apply before your current permit expires.
If the immigration office decides to shorten or end your permit, you have the right to appeal the decision, especially with legal support.

I can only imagine.. this is a lot. But you're strong for asking these questions and looking ahead.

Sending you warmth and strength
All the best,
Conny

Answered: How serious will the police take this threat?

Sun, 20 Apr 2025 13:35:05 +0000

Dear Lydia,

I'm so sorry this is happening to you.

Yes, the police in Germany do take threats—especially in the context of domestic violence—very seriously. That includes verbal threats, texts, or voice messages. If someone threatens your life or your children’s, it’s a criminal offense, no matter if they mention “black magic” or not. The key is their intent to cause fear or harm.

What you can expect:

Immediate protection: Your and your children’s safety is the top priority. Police can take urgent steps like removing the person from your home or finding safe shelter for you.
Using your evidence: The voice message and text are important proof. Save them and share them with police—they strengthen your case.
Legal steps: You can apply for a protective (restraining) order to stop all contact. If they break it, that’s another criminal offense.

What You Can Do Now:

Report the threat to the police as soon as possible.
Keep all messages and evidence!!!
Reach out to local women’s shelters or support services—they can help you with legal advice and emotional support.
Write down a summary of what happened and when—it helps later in court or when talking to the police.

✨ One last thing:
Even if a threat includes strange or spiritual references (like “black magic”), it still counts. What matters is the fear it causes. You’re not overreacting, and you deserve to feel safe. ❤️

All the best,
Conny

Answered: Änderung des Nachnamens und der Dokumente in Deutschland

Sun, 20 Apr 2025 13:28:43 +0000

Grundsätzliches zur Wiedereinreise

Solange Dein Aufenthaltstitel (z. B. der elektronische Aufenthaltstitel – eAT) noch gültig ist, darfst Du nach Deutschland zurückreisen – auch wenn Dein Pass abgelaufen ist oder Du einen neuen hast. Wichtig ist nur, dass Du alle Unterlagen dabeihast, die Deinen Aufenthaltsstatus erklären.

Diese Dokumente solltest Du unbedingt mitführen:

Deinen neuen Reisepass (mit Ehenamen)
Kopien Deines alten Passes (mit Mädchennamen und allen Stempeln)
Deinen elektronischen Aufenthaltstitel (eAT) oder die alte Aufenthaltserlaubnis
Deine Heiratsurkunde und eine amtliche deutsche Übersetzung, die Deine Namensänderung belegt
Wenn vorhanden: Deinen ukrainischen Personalausweis mit dem neuen Namen
Eine kurze schriftliche Erklärung (auf Deutsch und Englisch), in der Du den Namenswechsel erklärst – das kann sehr helfen!

Wichtig: Da der eAT noch auf den alten Pass ausgestellt ist, musst Du die Verbindung zwischen altem und neuem Namen nachweisen können.

Was tun bei Namensänderung & neuem Pass?

Du bist gesetzlich verpflichtet, Deinen Aufenthaltstitel auf den neuen Pass und Namen übertragen zu lassen. ️
Leider ist es in vielen Städten (z. B. Stuttgart) gerade super schwierig, einen Termin bei der Ausländerbehörde zu bekommen. Du bist also nicht allein damit!
Sobald ein Termin verfügbar ist, kannst Du die Übertragung („Übertrag“) beantragen. Bis dahin bleibt Dein Aufenthaltstitel grundsätzlich gültig – vorausgesetzt, Du hast alle Unterlagen dabei, die Deinen Status belegen.

✈️ Tipps für Deine Reise

Damit alles möglichst reibungslos läuft, nimm bitte Folgendes mit:

✅ Neuen Reisepass mit Ehenamen
✅ Kopien vom alten Reisepass mit Mädchennamen & allen Stempeln
✅ Deinen Aufenthaltstitel (eAT)
✅ Heiratsurkunde + beglaubigte deutsche Übersetzung
✅ Falls vorhanden: ukrainischer Personalausweis mit neuem Namen
✅ Eine kurze schriftliche Erklärung auf Deutsch & Englisch zur Namensänderung

Tipp: Mach am besten auch digitale und gedruckte Kopien von allen wichtigen Dokumenten – sicher ist sicher!

Was tun, wenn Du an der Grenze aufgehalten wirst?

Bleib ruhig und freundlich und leg einfach alle Unterlagen vor.
Erklär Deine Situation – am besten zeigst Du die Heiratsurkunde und die Übersetzung, um den neuen Namen zu belegen.
Solange Dein Aufenthaltstitel gültig ist und Du die Verbindung zwischen altem und neuem Namen nachweisen kannst, darfst Du wieder einreisen.

Termin bei der Ausländerbehörde

Versuch weiterhin, einen Termin für den Übertrag zu bekommen, manchmal hilft es auch einfach hinzugehen und sich einen Termin zu schnappen von jemandem der nicht aufgetaucht ist. Ansonsten gibt es in Stuttgart z. B. ein Online-Verfahren für Notfall-Termine.

Ganz liebe Grüße und viel Erfolg,
Conny

Answered: How do I know which websites are illegal to surf on (or to download from) in Germany?

Sat, 19 Apr 2025 18:53:24 +0000

HI SAFi,

your question is a little older, but it might still be relevant for many here. You're right to be cautious! In Germany, there are strict laws regarding online content, especially around copyrighted material.

Germany does not maintain or publish an official, comprehensive public list of "banned" websites. Most website access restrictions in Germany are the result of court orders or specific legal requirements, such as blocking sites that distribute illegal content (e.g., child pornography, hate speech, or Holocaust denial). There is no central government database or index you can check for a full list of prohibited sitess.

Torrenting and Downloading Content

Torrenting Technology vs. Copyright Infringement

Torrenting itself (the technology) is not illegal in Germany.
Downloading or sharing copyrighted content without permission via torrents is strictly illegal and heavily enforced under German law.
Streaming or downloading from unauthorized sources (such as 123movies, Putlocker, or similar sites) is also illegal if the content is copyrighted and not properly licensed in Germany.

Consequences

If you are caught downloading or sharing copyrighted material, you can receive a legal warning letter (Abmahnung) and face fines typically ranging from €500 to €1,500.
Even streaming from illegal sources can result in fines, not just downloading.

No Public List, But General Guidelines:

There is no official index or list you can check for all illegal or blocked websites in Germany.
If a website offers copyrighted content for free without proper licensing or permission, it is likely illegal to use in Germany.

Illegal streaming sites (e.g., Movie4k, Kinox.to, or similar):

In the past, streaming was a legal grey area—but since 2017, even watching pirated streams is illegal in Germany.
That includes streaming copyrighted content from shady websites (not YouTube or Netflix).

How to Stay Legal Online in Germany

Safe and Legal Websites
- Use well-known, licensed streaming services like Netflix, Amazon Prime, Disney+, YouTube, and Spotify.
- Avoid torrenting or streaming copyrighted material from unauthorized or "free" movie/TV show sites.
  
  There’s no public list of "banned" sites in Germany, but you can:
How to Check a Website’s Legality:
- Check site reputation using tools like:
  - Trustpilot
  - Scamadviser
- Google the site name + "legal in Germany"

When in doubt, avoid sites that offer "free" versions of copyrighted movies, games, or software.

Best regards,
V.

Answered: Subject: Inquiry About Starting a Business and Residence Permit Options After Ausbildung

Fri, 28 Mar 2025 13:29:34 +0000

Hi @Presly

Well done on completing the Ausbildung!

While you have an ongoing asylum case, it is not possible to open up your own business. People with the paper ‘Aufenthaltsgestattung’ cannot set up their own businesses or do self-employed work.

There is a special rule about issuing a residence permit to asylum-seekers who came to Germany before 29.03.2023, who have a qualification, and withdraw their asylum application. However, they can only be issued with a work permit, i.e. not for their own business.

You can see this is paragraph 10, section 3 of the immigration law (Aufenthaltsgesetz):

https://***.gesetze-im-internet.de/aufenthg_2004/__10.html

It is quite complicated but states that in such cases, the person can only get the permit 18a, 18b or 19c. The permit 18a is applicable in your case as you have completed an Ausbildung. I cannot say whether it advisable to take this step if you find a job. There are some advantages in having 18a, in that you could get permanent residency after two years with it. But it is also tied to you working and so in that sense more insecure than if you get a positive decision on your asylum application.

It is good that you are registered with the Agentur für Arbeit. While you cannot actually yet set up a business, there is nothing to stop you planning to do so. There are many types of advisory and financial supports available to people who wish to open a business so you should research what’s available and also speak to the Agentur für Arbeit about this. Here is a useful overview of the topic in English:

https://***.existenzgruendungsportal.de/Navigation/EN/Home/home

Best,

Éanna

Answered: Divorce/ Scheidung (Niederlassungserlaubnis)

Fri, 28 Mar 2025 13:10:16 +0000

Hi @Stranger

We cannot provide legal advice here as we are not lawyers. We can only provide information about the laws.

The only effect I can think that a separation or divorce will have is regarding your financial situation. After the application for divorce is made, there is a mandatory separation period of a year called ‘Trennungsjahr’. Both in this time and after the divorce, you or your wife may be obliged to provide financial support called ‘Unterhalt’ to the other. During the separation year this is called ‘Trennungsunterhalt’ and after the divorce ‘nachehelicher Unterhalt’. Whether this has to be paid, how much and for how long depends on your respective incomes and employment history during the marriage. Your divorce lawyer will be able to advise you more clearly on this.

The Einbürgerung authority will therefore **** at what potential ‘Unterhalt’ financial commitments you have when assessing you are financially secure enough to receive German citizenship.

Your status after the separation (it is the separation that matters in immigration law, not specifically the divorce) will continue to be Niederlassungserlaubnis § 28 Abs 2. It does not change. As I understand § 31 Abs. 3, this is a special type of Niederlassungserlaubnis that is issued to a person who is married to a foreigner who themselves have a Niederlassungserlaubnis at the time of separation.

Best,

Éanna

Answered: Relocation from Israel to Germany

Fri, 28 Mar 2025 12:44:10 +0000

Hi @Aanton

As an Israeli citizen, you can travel to Germany without a visa and stay for up to 90 days. If you wish to stay longer, you make an application for a residence permit at the immigration office in Leipzig (Ausländerbehörde Leipzig). Their website has detailed information on different types of permits and what each requires:

https://***.leipzig.de/jugend-familie-und-soziales/auslaender-und-migranten/auslaender-und-staatsangehoerigkeitsrecht-auslaenderbehoerde

These types of permits could most likely come into consideration for you:

16f: language course
16b: studying, and also preparatory courses in order to study (called ‘Studienkolleg’)
17: searching and applying for studies
19c: work permit. This option is not always so well known about as it only applies to nationalities of certain countries, including Israel. It means you can get a permit to work any kind of job, not just for qualified work.

Online consultations are available for free and confidentially via the app MBEON. Here is more about it:

https://***.mbeon.de/en/advice/

Once in Leipzig, the Welcome Centre (Willkommenszentrum) is a good first place to go for some information. You do not need an appointment and they speak English and other languages:

https://***.leipzig.de/jugend-familie-und-soziales/auslaender-und-migranten/migration-und-integration/willkommenszentrum

Best,

Éanna

Answered: Niederlassungserlaubnis

Sat, 22 Mar 2025 19:34:34 +0000

@debbie AFAIK it’s issued based on your passport validity.

Answered: language requirement for Chance residency (104c ABS.1) in order to convert it into permanent leave to remain

Sun, 16 Mar 2025 11:40:30 +0000

Dear @Shareef,

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

We discussed a similar question here before and we emphasized how important it is to apply for the residence permit according to section 25b in good time before your current permit expires. Then, your status automatically continues until the Ausländerbehörde makes a decision on your application and you will have a bit more time to submit the language skills proof. The paper they issue which confirms this continuing status is called a 'Fiktionsbescheinigung'.
The Fiktionsbescheinigung allows you to continue to work. You do not have to apply for an additional work permit or anything else.

With regard to the language test: As far as I have heard so far, the immigration office wants to see an A2 certificate (you must have at least reached level A2 orally). If you don't know where you can take a language course or a language test, it's best to contact a counselling office in your area. I think the tests from Goethe-Institute are quite expensive. Nevertheless, you find a lot of study material online as well (i.e. on YouTube).

I hope this helps and all the best,

Meike

Answered: My visa getting expired. want to apply for my wife's spouse visa, Can i apply for her visa using Fictionbescheinigung?

Fri, 14 Mar 2025 14:59:46 +0000

Hi @akshaypatil9494

Your wife can apply for a visa as your dependant while you have a Fiktionsbescheinigung. She will not, however, be issued with a visa until you have a new residence permit. A requirement for her to come to Germany as your dependant is that you possess a residence permit and a Fiktionsbescheinigung does not fulfil this requirement.

Best,

Éanna

Answered: Can I join my wife to move to different federal state with a Duldung

Wed, 12 Mar 2025 08:55:47 +0000

Your Duldung may be tied to your current location. Moving may violate the terms of your Duldung. Your wife's employment in another state does not automatically entitle you to move. Each state has its own rules regarding the residency of Duldung holders. heardle

Answered: Freiwillige Ausreise nach Duldung und Wiedereinreise

Sun, 09 Mar 2025 08:23:54 +0000

Hallo @Vladyslava0601 und Willkommen bei Wefugees!

Ich habe gerade einmal nachgeschaut. Der von dir erwähnte Paragraph 19f Absatz 1 Satz 2 im Aufenthaltsgesetz besagt:

"(1) Ein Aufenthaltstitel nach § 16b Absatz 1 und 5, den §§ 16e, 17 Absatz 2, §§ 18d, 18g und 19e wird nicht erteilt an Ausländer, deren Abschiebung in einem Mitgliedstaat der Europäischen Union aus tatsächlichen oder rechtlichen Gründen ausgesetzt wurde"

Mit anderen Worten, man kann keine Aufenthaltserlaubnis nach §16b AufenthG erhalten (für ein Studium), wenn man in einem EU-Land geduldet wird. Ich bin keine Anwältin und kenne mich auch ehrlich gesagt nicht so gut mit den Regelungen für Ukrainer aus. Ich würde dir in jedem Fall empfehlen, dich nochmal gründlich beraten zu lassen, bevor du dich wirklich für eine Ausreise entscheidest. Ich würde auch sicher gehen, dass du tatsächlich alle Voraussetzungen für ein Studentenvisum erfüllst. Für einen ersten Überblick dazu schau dir gerne die entsprechenden Ausführungen von Handbook Germany dazu an. Eine Migrationsberatungsstelle (mit dieser Suchmachine findest du sonst auch noch weitere Beratungsstellen in deiner Nähe) kann da bestimmt weiterhelfen. Ich kann dich allerdings beruhigen, wenn du freiwillig ausreist, bekommst du keine Einreisesperre (wie bei einer Abschiebung).

Ich verlinke hier auch nochmal meine Kollegen @mbeon-fardeen und @mbeon-Éanna - vielleicht können sie dir weitere Tipps und Infos geben.

Ich hoffe, dass dir meine Antwort ein wenig weiterhilft und komme bei Rückfragen doch gerne wieder auf uns zu!

Viele Grüße,

Meike

Answered: Landlord taking extra fees from deposit and accused me of theft

Sat, 08 Mar 2025 17:35:23 +0000

Ich war in einer ähnlichen Situation mit einem Vermieter, der beschloss, mit der Kaution „Geld zu verdienen“. Folgendes kann ich empfehlen:

Überprüfen Sie den Mietvertrag. Wird dort der Reinigungsbetrag angegeben (75 Euro), dann ist die Forderung von 350 Euro bereits rechtswidrig. Wichtig ist, ob Aussagen wie „kann sich je nach Zustand der Wohnung ändern“ vorhanden sind.Fordern Sie detaillierte Ausgaben an. Fordern Sie Rechnungen oder Dokumente an, aus denen hervorgeht, dass er tatsächlich 350 Euro für die Reinigung bezahlt hat. Oftmals handelt es sich dabei nur um einen Bluff, um Geld aus Ihnen herauszuholen.

Mieterverein ist eine tolle Option. Selbst mit minimalen Deutschkenntnissen können sie helfen. Die Mitgliedschaft ist günstig (20-100 Euro pro Jahr), aber Anwälte geben klare Ratschläge, wie man Druck auf den Vermieter ausüben kann.

Der Vorwurf des Diebstahls ist ein klassisches Druckmittel. Wenn er keine Anzeige bei der Polizei erstattet hat, ist das eine leere Drohung. Schreiben Sie ihm, dass Sie bereit sind, offiziell über einen Anwalt zu kommunizieren.

Hält er die Anzahlung weiterhin ohne Angabe von Gründen zurück, weisen Sie ihn auf die Schlichtungsstelle und das gerichtliche Verfahren hin. Manchmal sogar ein einfacher Brief, in dem eine Rückerstattung gefordert und mögliche Rechtsstreitigkeiten erwähnt werden.Wenn Sie Deutschland bald verlassen, besteht die Gefahr, dass er die Angelegenheit einfach hinauszögert. In diesem Fall können Sie Ihre Freunde oder eine Vertrauensperson bitten, sich um die Rückerstattung der Anzahlung zu kümmern.

Ein Anwalt ist nicht die einzige Option, aber wenn die Kaution hoch ist, können Sie sich mindestens eine Stunde lang beraten lassen, um zu klären, ob eine Klage sinnvoll ist. Die Hauptsache ist, es nicht einfach so stehen zu lassen, sonst profitieren solche Vermieter weiterhin von anderen.

Falls Sie Unterstützung in rechtlichen Angelegenheiten benötigen, könnte der Service auf lordfaxpro.de hilfreich sein. Dort können Sie rechtliche Dokumente einreichen und beraten lassen – eine einfache und schnelle Lösung für ähnliche Probleme.

Answered: Niederlassungserlaubnis with ALG1

Fri, 07 Mar 2025 16:18:46 +0000

Hi @anglo23

I’m sorry to read of your job loss. The immigration office (Ausländerbehörde) will give you some time to find a new job. Just because you can financially support yourself for 15 months, however, does not mean you will be given 15 months to stay without work.

Unfortunately, the issue of the Niederlassungserlaubnis in your situation is not so clear. The section of the law that covers Niederlassungserlaubnis for skilled workers is 18c:

https://***.gesetze-im-internet.de/aufenthg_2004/__18c.html

You’ll see in section 1 that five key requirements are listed. Number 2 states that the person must have a job and so you would not fulfil these conditions.

However, in section 2 it details special rules for people with a Blue Card. It differs from the requirements in section 1 by not making an explicit reference to the person having a job. It only states the person must have worked for 27 months, have paid into the pension system for these months and speak A1 level of German. In my view, you fulfil these conditions.

The other general requirement for a Niederlassungserlaubnis is that you are financially secure (Lebensunterhaltsicherung). While you can show you are able to sustain yourself currently and in the near future, the immigration office wants to see that this will remain the case longer-term. They make a decision called a ‘Prognoseentscheidung’ on how likely it is a person will remain financially secure.

Generally, being unemployed rules a person out for a Niederlassungserlaubnis. As a have a Blue Card, you could argue that based on your education, skills, work experience in your home country and Germany, and the job market for people in your profession, that it is highly likely that after this period of unemployment you will continue to be financially secure. You would need to make a very strong argument for this to work and a lawyer may be able to assist in offering a more thorough assessment of your situation and advising you on an application if you make one. We cannot provide legal advice here, just information on the immigration law.

Best,

Éanna

Answered: Utah marriage

Fri, 07 Mar 2025 15:48:44 +0000

Hi @OoElschOo

I hope your surgery went or will go well.

A foreign marriage is legal in Germany if the people getting married fulfilled the legal requirements according to the laws of their home country and the country they were married in. Here you can read the information from the German Foreign Office on this:

https://***.auswaertiges-amt.de/de/service/fragenkatalog-node/04-heirat-ausl-gueltigkeit-in-d-606266?isLocal=false&isPreview=false

You can have a foreign marriage registered but are not obliged to. If you wish to change your name, then contact the Standesamt in your last place of residence in Germany to do so.

Whether the Standesamt will permit this is another question. As far as I know, there is no clear consensus as to whether online marriages in Utah are recognised in Germany or not. There have been court proceedings about such cases but I am not aware of any clear ruling on this matter. Here is a good overview in German from 2022 on the question:

https://***.sangong-recht.de/news/utah-ehe

I wish you all the best with your health.

Best,

Éanna

Answered: Will they accept six month probationary salary?

Fri, 07 Mar 2025 15:05:29 +0000

Hi @paulo1976

Based on your children’s ages, you will need to altogether earn over half of this sum:

2506 euros plus your rent costs (Warmmiete)

per month. This amount is your monthly minimum living costs as a family. If you earn above half of this amount, then you have fulfilled this requirement.

It is true that the Ausländerbehörde don’t just **** at your financial situation now, but also whether they believe you will continue to be in this situation in the future. They therefore often expect people to be at least past the probationary period (Probezeit) in their job before issuing them permits. They have some discretion here. For example, if someone has been continually employed for many years in Germany in one job, then changes company to take up a more qualified position and applies while still in the probationary period of the new job, they could be still issued with a permit. Based on the overall view of the person’s employment history, the Ausländerbehörde could consider that the person is very likely to remain financially secure. However, as you mention already being rejected two years ago for insufficient income, then I think it likely they will want to see you finish out the probationary period. In this case, it’s probable that your application will be put on hold until you finish out the six-month period.

Best,

Éanna

Answered: What happens if I never turned in my Grenzübertrittsbescheinigung?

Fri, 07 Mar 2025 07:19:32 +0000

Dear @maxgracia,

Welcome at Wefugees and thank you for your question.

I recommend you to get in touch with the immigration office (Ausländerbehörde) which issued the "Grenzübertrittsbescheinigung". You can explain the situation and submit any other proof that you left Germany (flight tickets, copy of your passport stamp or something like this). I don`t think it will be a big issue. Do you agree with me dear @mbeon-Éanna or @mbeon-fardeen?

All the best,

Meike

Is it important to give my passport to Ausländerbehörde

Wed, 26 Feb 2025 17:19:54 +0000

Am asylum seeker married and a German women and also I have a German new born baby ... I have already send my original birth certificate to bamf and also give one to Ausländerbehörde. Should I also give passport or not for me I don't really wanna give it coz I know I won't have it back which I don't know why but should I give it or what thank u so much

Do we have to legalise ours birth certificates for the paternity recognition?

Tue, 25 Feb 2025 14:34:00 +0000

Do we have to legalise ours birth certifixate back home in order to do the paternity recognition or we can just use the original ? Thank you

an offence under Section 95 Paragraph 1 No. 1 of the Residence Act

Wed, 19 Feb 2025 19:45:54 +0000

Hi

I lived in Germany about 4 years ago, I applied for asylum but it was rejected first from BAMF then from the Court,so assulander Behorde asked me to leave the country, but I over stayed there with cross on my ausweise(Doldung).

after few months I left from Germany and moved to france and got asylum and got réfugiés status and 10 years Carte Sejour.

Recently I travelled to Germany, and got checked by borders police while travelling to Germany, they asked for my address and let me entered Germany.

Now after a month I got a letter from the German Court I think, they told me that I over stayed in Germany 4 years ago. I have come to Court to face the judgment with my lawyer, if I not come they will issue one sided decision without further appeal.

The act on the letter is written:
Mr.(my name) for an offence under Section 95 Paragraph 1 No. 1 of the Residence Act

Please tell me how to solve this issue, will they arrest me or fine me if I don't appear to court, and I got réfugiés status with réfugiés passport in france.

I want my child to grow up in her country and get her full rights as a german national

Mon, 17 Feb 2025 12:05:27 +0000

Am separated with my Abusive German husband (police cases involved) but I was pregnant ran back to my country but I want my child to her have her full rights as a german national. Because of the abuse she came out early hence having medical issues and medical visits and bills which has overwhelmed me. We are still legally married in my country he didn't register the marriage in german. Is there a possible way for me to return and see how I can be helped to acquire that? Please note he threatened that no one would help because I tried having an abortion when I was in germany but unfortunately or fortunately I was above 12 weeks when I got my appointment and it couldn't be done. I only opted for that option because I was already a single mother and I knew how hard it was to raise a children [I had 2) this is a child he wanted and asked for for years but has never even bought anything or help with any medical bill claiming I left him. I only left because he became abusive after I got pregnant and I left to save myself . We met 2019 I had the baby in 2023. Is there anyway I can return for my child because it's very difficult for me now since she's special needs child. Thank you

How can i apply later Apeal Form

Fri, 14 Feb 2025 10:57:47 +0000

ကျွန်ုပ်သည် လက်အောက်ခံ အကာအကွယ် အဆင့်အတန်းကို ရရှိသော်လည်း ခိုလှုံခွင့် သို့မဟုတ် ဒုက္ခသည်အတွက် အယူခံလွှာကို လိုချင်ပါသည်။ ဒါပေမယ့် နောက်ဆုံးသတ်မှတ်ရက်က နှစ်လမတိုင်ခင် ပျက်သွားတယ်။ ဒါကို ဘယ်လိုလုပ်ရမလဲ။

Wefugees - Recent questions and answers in Legal Information

Answered: No response from Ausländerbehörde on §28 application father of a German citizen

Answered: Very urgent , letter from BAMF,

Relocated after applying for Naturalization

Answered: Cis it possible for my kid to have dual citizenship without affecting my residency as parent of German ?

Answered: Request for Advice regarding My Child’s Contact with His Biological Father

Answered: Addition to my previous post

Answered: Does the time spent under Duldung and § 104c count towards permanent residency?

Answered: I have until end of October to submit A2 language certificate

Answered: What are my options after graduating from a German university?

Answered: Decision from court

Answered: 25b Absatz 1 S1 to Niederlassungserlaubnis 18c

Answered: I have a German child and the immigration office is asking me to apply for a visa at the embassy - What can I do?

Answered: Leben in Deutschland Test result

Answered: Scheidung und Einbürgerung

Answered: What can I do if I don't receive an answer to my application for a residence permit from the "Ausländerbehörde"?

Answered: Einbürgerungsantrag

passport of dual citizenship

Answered: Is the period in which I held a residence acc. to §25 (5) counting for the naturalisation?

Answered: Urgent help with Sorgerecht issues

Answered: Urgent case seeking advice.

Answered: Anfrage zur Niederlassungserlaubnis und weiteren Perspektiven mit Aufenthalt nach § 25b Abs. 1 Satz 1 AufenthG

Answered: 1mal Übertrag Niederlassungserlaubnis/Dauernaufenthaltkarte

Answered: Can I be deported by Ausländeramt, if I have Vaterschaft and Sorgerecht for a german child I have not legal status

Answered: Vaterschaft recognition information

Answered: I have a german child and the authorities wants me to go home and apply for a visa what should I do

Answered: Can we get a travel document from German authorities if the issuing of our national passport takes time?

Answered: Health insurance issues

Answered: Child's legal stay in Germany

Answered: Divorce German national in less than 3 years

If You Separate Before 3 Years of Marriage

But There Are Important Exceptions – Especially in Cases of Hardship

What Happens to Your Residence Permit?

What You Can Do Now

Answered: How serious will the police take this threat?

Answered: Änderung des Nachnamens und der Dokumente in Deutschland

Answered: How do I know which websites are illegal to surf on (or to download from) in Germany?

Answered: Subject: Inquiry About Starting a Business and Residence Permit Options After Ausbildung

Answered: Divorce/ Scheidung (Niederlassungserlaubnis)

Answered: Relocation from Israel to Germany

Answered: Niederlassungserlaubnis

Answered: language requirement for Chance residency (104c ABS.1) in order to convert it into permanent leave to remain

Answered: My visa getting expired. want to apply for my wife's spouse visa, Can i apply for her visa using Fictionbescheinigung?

Answered: Can I join my wife to move to different federal state with a Duldung

Answered: Freiwillige Ausreise nach Duldung und Wiedereinreise

Answered: Landlord taking extra fees from deposit and accused me of theft

Answered: Niederlassungserlaubnis with ALG1

Answered: Utah marriage

Answered: Will they accept six month probationary salary?

Answered: What happens if I never turned in my Grenzübertrittsbescheinigung?

Is it important to give my passport to Ausländerbehörde

Do we have to legalise ours birth certificates for the paternity recognition?

an offence under Section 95 Paragraph 1 No. 1 of the Residence Act

I want my child to grow up in her country and get her full rights as a german national

How can i apply later Apeal Form

Answered: Anfrage zur Niederlassungserlaubnis und weiteren Perspektiven mit Aufenthalt nach § 25b Abs. 1 Satz 1 AufenthG