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A few questions regarding minors submitted by Empyreal in Legal advice

Hello everyone,
I came to germany with my brother who is a minor. I am now his legal guardian (Vormund). I was granted a three years residence permit whereas he was granted subsidiary protection.
1- From what I understood he can not benefit from the right of family reunion until march 2018? The problem is in summer of 2018 he will be 18. how can he preserve the right of family reunion especially that the waiting times for an appointment by the german embassy in Beirut is too long (about 1 year waiting time just to get an appointment). Or is it simply that he has no chance to be reunified with our parents?
2- Will he still get the social help (Sozialeleistungen?) or does he become unemployment help (ALGII) like I do? will this affect his school?
3- I've heard that having a "Haftpflichtversicherung" is really important. However I am not sure if I and my brothered can be insured together as Family (cheaper) or should each one get his own insurance (more expensive)?
Sorry if that was too long. Every answer is much appreciated.

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Hi @Empyreal and welcome in the Wefugees Community. I will try to put you in contact with @Marcel and @Steven . They should have a better insight. It might take a while, but I try and make sure that you get some additional info. In the meanwhile just try to be patient. Please check your email to check for updates in case there is need for clarifications. All the best, Paolo
Paolo (Wefugees)
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by Marcel (Lawyer/Rechtsanwalt)

Question 1:

The restriction you mention only applies if he has been granted subsidiary protection after 17 March 2016. In this case your parents will not be allowed to apply for Family reunion until 16 March 2018.

The rule is: He must be 17 when the German embassy in Beirut and the Ausländerbehörde decide on the application for a visa for your parents. The date of the application is not relevant. There are possibilities to enforce a fast treatment by court applications in case you have the impression that your case is not handled fast on purpose.

But in his case the time frame between 16 March 2018 and his birthday in summer 2018 may be too short. I am not aware of any other ways. (In this context you may hear about the famous "fristwahrende Anzeige" (§ 29 AufenthG); however this does not apply to your case, only to parents (in Germany) who want to bring their children to Germany.)

But you should also keep the following in mind:

- Only your parents are allowed to apply for a visa for family reunion. Other sisters/brothers can only apply once your parents are in Germany with a residence permit.

- The visa/residence permit of your parents expires on the date your brother turns 18; they will have no automatic right to stay on further, they will need a different ground to apply for residence permit. (They may be granted a residence permit due to their status as parents only if they are too old and in need of care by your brother). So it is questionable whether they can stay on.

Question 2:

He will receive ALG II (He is in school? in this case BAföG may apply and what he receives there will be deducted from AGL II)

Question 3:

To my knowledge you can be insured as a family as long as he is under 18 and if you live together.

2 comments
Thank you very much for the thorough answers. Unfortunately things doesn't look promising regarding the family reunification. I am also concerned about my brother's school. It seems that he won't be able to study in a Gymnasium if he were to apply for Bafög. Will the Jobcenter force him to find a job and leave school?
Empyreal
hi Empyreal, normally he should be able to apply for Schüler-Bafög. In case he is not eligible for Schüler Bafög, he should get ALG II. There may be cases where both conflict with each other, of course, but then we would need to know his exact situation and why Bafög was declined. For some general Information see here: studis-online.de/StudInfo/...
Marcel (Lawyer/Rechtsanwalt)
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