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Ausländerrecht >> Ehe und Familie >> Family reunion
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Beitrag begonnen von Maabenaa am 08.03.2021 um 21:08:28

Titel: Family reunion
Beitrag von Maabenaa am 08.03.2021 um 21:08:28
Please l'm a single mother of 2 1/2 years baby abroad and l have one girl (9years) now in my country whom l want her to join me. Currently am unemployed nor able to start my Deutsche language course due to the covid19. Please is there no other way to let my kid join me? I am very devastated since l can't find someone to look after my child and things are stuck here for me too. Any advice is HIGHLY WELCOME.

Titel: Re: Family reunion
Beitrag von T.P.2013 am 09.03.2021 um 03:05:52
Hallo,

what kind of residence permit do you hold?
Which §§ are written on the card?

Generally she (your daughter) needs a regular visa for family reunion.

Best regards

Titel: Re: Family reunion
Beitrag von deerhunter am 09.03.2021 um 09:12:08
If you have no income it will be hard to bring your daughter tp Germany

Titel: Re: Family reunion
Beitrag von T.P.2013 am 09.03.2021 um 23:45:06

deerhunter schrieb am 09.03.2021 um 09:12:08:
If you have no income it will be hard to bring your daughter tp Germany


Jaja, life is hard...

If it will be hard or not that hard, generally depends first of all on the purpose of the residence permit.

Titel: Re: Family reunion
Beitrag von Maabenaa am 10.03.2021 um 09:20:14
Thank you so much for writting back. I hold
28 ABS. 1 S.1 NR.3
Aufenthaltserlaubnis

Titel: Re: Family reunion
Beitrag von erne am 10.03.2021 um 09:45:34

Maabenaa schrieb am 10.03.2021 um 09:20:14:
28 ABS. 1 S.1 NR.3


so you have a child who is German citizen?

Please eplain:


Maabenaa schrieb am 08.03.2021 um 21:08:28:
2 1/2 years baby abroad


what is the nationality of this child and where does it live?


Titel: Re: Family reunion
Beitrag von deerhunter am 10.03.2021 um 10:56:45

erne schrieb am 10.03.2021 um 09:45:34:
what is the nationality of this child and where does it live?


Mein Verstehen ist...sie hat ein 2,5 Jahre altes "deutsches" Kind mit dem sie hier lebt (ohne Verheiratet zu sein), sie hat kein Einkommen.

Sie hat ein weiteres 9 Jahre altes Kind in Ghana, das will sie jetzt nach Deutschland holen

Titel: Re: Family reunion
Beitrag von Maabenaa am 11.03.2021 um 22:19:03
Yes please. The one here is German citizen.

I am here with him in Köln but not married to his father. I can't find a job because l don't speak Deutsche and the Deutsche language school l am suppose to attend keeps postponing because of the covid19. I feel so depressed now.

Titel: Re: Family reunion
Beitrag von engelchen+ am 12.03.2021 um 07:45:20
Who is taking care of your daughter now? Does she have any contact with her father?

Titel: Re: Family reunion
Beitrag von Maabenaa am 13.03.2021 um 09:35:30
She was with my Father when l was traveling but he has passed away too. Now she doesn't have a specific or permenent place to stay which is my other problem.

Her father travelled too when l was pregnant and we haven't been in contact since.

Titel: Re: Family reunion
Beitrag von engelchen+ am 14.03.2021 um 19:25:15
Do you have sole legal custody of your daughter? You need either sole custody of your daughter or permission from her father. The German Embassy is not allowed to issue your daughter an entry permit unless you can demonstrate that you are legally entitled to take her away from your home country.

Titel: Re: Family reunion
Beitrag von Maabenaa am 15.03.2021 um 09:57:59
Thanks for that information. So please after securing the sole custody,  can l apply directly since l am not working?, or should have to wait for work before l can apply? And what will be my chances? Or do l need a lawyer to help me?

Titel: Re: Family reunion
Beitrag von deerhunter am 15.03.2021 um 11:22:47

Maabenaa schrieb am 15.03.2021 um 09:57:59:
So please after securing the sole custody,can l apply directly since l am not working?, or should have to wait for work before l can apply?


Normally you need a stable income to bring your kid here, but maybe you found a way together with the ABH to make it possible

Titel: Re: Family reunion
Beitrag von erne am 15.03.2021 um 15:35:38

Maabenaa schrieb am 15.03.2021 um 09:57:59:
can l apply directly since l am not working


I would try this, because your case is an "atypical" case. You have a German kid which of course can live in Germany together with its mother. No mother can be asked to decide between two kids, one in Germany, one abroad --> kid from abroad can join its mother if mother is taking care for a German kid.

Titel: Re: Family reunion
Beitrag von deerhunter am 15.03.2021 um 16:52:58

erne schrieb am 15.03.2021 um 15:35:38:
No mother can be asked to decide between two kids, one in Germany, one abroad --> kid from abroad can join its mother if mother is taking care for a German kid. 


Na ja, sie lebt bereits seit vermutlich 2 - 3 Jahren ohne das andere Kind in Deutschland! Da kann man schlecht drauf pochen, wenn ich es auch als Begründung einer "Bitte" bei der ABH nutzen würde

Titel: Re: Family reunion
Beitrag von T.P.2013 am 15.03.2021 um 20:26:44
Hi,

sorry for my late response.

As it is statet above, your residence permit does not effect a privilege in your case.
You generally need an income to handle life without social welfare.

BUT as it is statet above as well, you and your family are protected by our constitution.
That means in your case, that you should not being forced to make a decision between your german child, who has any right to live here in his country with his family and your ghanaian child.

Because of that, the ABH may decide, that your daughter from Ghana can get a visa / residence permission as well, even if you are not able to live in the moment without social welfare (as erne already stated).

Specially now, because your daughter in now alone in Ghana after the death of your father.

It can be, maybe, tricky in this atypical case to get the approval from the ABH / Embassy. It needs argumentation and some standing, if the ABH will not (maybe, not necessarily) cooperate.
So, it would be a very good idea, to get some assistance from a NGO like "Migrantenhilfe" or similar, when starting the visa application at the embassy.

Regards

Titel: Re: Family reunion
Beitrag von Maabenaa am 16.03.2021 um 00:17:56
Please so what will be your advice with contacting a lawyer?

Titel: Re: Family reunion
Beitrag von deerhunter am 16.03.2021 um 08:47:21

Maabenaa schrieb am 16.03.2021 um 00:17:56:
Please so what will be your advice with contacting a lawyer?


A laywer can´t really help, because the problem ist that you have no income and the law is that you need income! You need to ask help in a NGO like the last post said! Maybe they can help you...you must find a way to work together with the ABH and they help you. Or much better you find a way to work and create enough income to make it easy

Titel: Re: Family reunion
Beitrag von T.P.2013 am 16.03.2021 um 16:54:27

Maabenaa schrieb am 16.03.2021 um 00:17:56:
Please so what will be your advice with contacting a lawyer? 


Hi,

my advice:

first contact a helping organisation for migrants in your city and ask for advice. They are working for free.

They can help with the argumentation, with the phrases and will be able, to explain this special case and all possibilities to you.
They usually know also lawyers, who are specialists for the foreigner law, in case, that the embassy or ABH is uncooperative and they usually know as well, what kind of mindset the ABH in your city has and how to handle it.

If they don't know about this untypical case and aren't able to help, then you should decide, if it will be helpfull, to contact a lawyer.
Generally a lawyer (if he is a specialist, "Fachanwalt", for foreigner law) can always be helpful in complicated cases. But it's money...

At least, your daughter should just apply for a visa at the embassy.
Then, after the result of the application, you know for sure, if a lawyer is actually required.

Regards

Titel: Re: Family reunion
Beitrag von Maabenaa am 18.03.2021 um 08:50:25
Please do l need to contact a lawyer for help? And if yes, can you recommend one for me?

Titel: Re: Family reunion
Beitrag von T.P.2013 am 18.03.2021 um 18:28:22
Hi,

no, I don't think, that you'll need a lawyer now.
First contact a helping organisation for migrants in your city and ask for advice. They are working for free. And they could ask here as well, if somethuig sounds unclear.
They can also help, to understand the requirements and how to show their fulfilling, when your daughter applies for a visa.
The point is: In your atypical, individual case, your daughter generally (should) can get a visa for Germany for family reunion.

After interaction with ABH and / or embassy, you will know, if a lawyer will be necessary or not, in my opinion.

(Actually I don't know a good lawyer for this, but helping organisations for migrants usually do).

Best regards.

Titel: Re: Family reunion
Beitrag von Maabenaa am 21.03.2021 um 23:17:20
Please can l seek your advice about contacting a lawyer? Or any organization that you might think can help me out?

Titel: Re: Family reunion
Beitrag von Maabenaa am 21.03.2021 um 23:27:47
Am soo sorry to be repeating the questions . it seems the system was slow to show me responses earlier. Thank you very much for your advice

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