Stand: July 2017
FAMI LIEN ASYLUM IN THE KONTEXT BY FAMI MERGE LIEN TO RECOGNISED FLUECHTLINGEN
In the context of family reunification is the family asylum according to § 26 AsylG a legal possibility for the black(n) Person(en), the same status (Asylum permission or. Refugee recognition under Geneva Convention *.) to gain, the person living in Germany has the.
Compared to a right of residence pursuant to § 30 Niederlassungs (Spouse) or § 32 Niederlassungs (Children) or - at the reunion for unaccompanied minor refugees - according to § 36 ABS. 1 Niederlassungs has clear advantages the family asylum for the attractive to. For a residence permit within the framework of the General family reunification is earmarked, d.h. for the wife / husband is the right of residence for the duration of the marriage and children until the end of the minority. The family asylum, however, offers all members, in the context of family reunification (or also on other way) recognised refugees or refugees with so-called. subsidären protection travel, one of these independent status. Grant of family asylum black get family members the same status as the reference person (This is the person, the reunion takes place to the), so currently a residence permit according to § 25 ABS. 1 or 2 Niederlassungs. Even more important is, They also get a refugee Passport.
* Because the family reunion to the subsidiary protected by March 2018 is exposed to, this constellation of case in this data sheet is excluded.
REUNION OF EHEPARTNER_INNEN AND CHILDREN
On the basis of § 26 ABS. 3 Nr. 1-5 in conjunction with § 26 ABS. 5 AsylG have the spouse /
Spouse and the minor children entitled to grant the family refugee status within the framework of family asylum, If the reference person has this status.
One of the most important conditions for this is, that the application immediately - within 2
Weeks - after the entry into Germany at the competent Office of the Federal Office for
Migration and refugees (BAMF) is made (§ 26 ABS. 1 Nr. 3 AsylG). A further condition for the application of the family refugee status is, that of the residence permits of the reference person persists.
First of all however is recommended, that / the black wife/husband as well as the children attractive to after entering the country as members of the nuclear family is a residence permit according to § § 30, 32 Residency at the Immigration Office (ABH) apply for. The application is certified then similarly on the part of the ABH and so that they can request according to SGB II services. As a residence permit according to the § § 30, 32 Niederlassungs in asylum application does not expire (s. § 51 ABS. 1 Niederlassungs), stock of the previous residence permits after residency for the duration of the family asylum procedure. Continue corresponding book are thus during the procedure II services drawn people.
When the family asylum pursuant to § 26 AsylG are the Antragsteller_ inside other than at regular
Not distributed to asylum procedures. Also staying in initial reception centres will save them. The remaining processes comply with the regular procedure: It is necessary a criminal booking and a hearing at the BAMF.
FAMILY REUNIFICATION FOR RECOGNISED UNACCOMPANIED MINOR REFUGEES (UMF)
For the parents of unaccompanied minor refugees recognized in Germany is entitled to family reunification, but not for the minor siblings of environm. Currently, the rejection of visa applications for minors brothers and sisters in Germany recognized UMFen becomes more and more the rule of all German diplomatic representations. Visaerteilungen, however, are the exception. Of course a Remonstrationsrecht at foreign representations and complaints with the Administrative Court of Berlin is open to interested parties, however. The prospects for this are however small, as long as the legal interpretation of the concept of extraordinary hardness for this group of people does not change.
The Foreign Office has in April 2017 one Adoption published, with the reunification of
Brothers and sisters of the recognised UMF is more difficult. This results in practice, that parents must make the decision, to disconnect temporarily: one parent travels to Germany, the other parent remains with the other children at the previous place of residence.
Against this background, the family asylum is one of the few ways, to the underage siblings, where the exhibition have been denied visas, a secured entry way to gain. The reunion claims of the children be created in this case about parents. Because they have (Asylum permission or. Refugee recognition under the Geneva Refugee Convention) the right to the reunification of minor children.
For this, the following procedure is possible:
- First of all it is recommended, that the black parent after entering a residence permit according to § 36 ABS. 1 Residency at the Immigration Office (ABH) applied for. The application is certified then similarly on the part of the ABH and so that services can be requested II according to SGB.
- One of the most important requirements is then, that an application for family asylum immediately (within 2 Wochen) After entry to Germany is provided to the competent body of the Federal Office for migration and refugees (§ 26 ABS. 1 Nr. 3 AsylG) .
- Since the residence permit according to § 36 ABS. 1 Niederlassungs in asylum application does not expire (s. § 51 ABS. 1 Niederlassungs) has the residence permit according to § 36 ABS. 1 Residency for the duration of the family asylum procedure inventory, with the continued appropriate SGB IILeistungen during the procedure
When the family asylum, a stay in the country first recording facilities and a redistribution will save. The parent is then loaded for the purpose of erkennungsdienstlicher treatment to the BAMF and will then receive an appointment for the purpose of hearing. So the drawn people basically are entitled to grant the family refugee status. • Is crucial for the reunion to a UMF - in addition to the two-week period pursuant to § 26 ABS. 1 Nr. 3 AsylG-, that the family asylum application must be submitted, as long as the reference person is a minor. Then, it does not matter when the decision on the application, whether he/she has in the meantime become age after submission of the.