What options does my family have?
If you live in Germany as a Person entitled to asylum, recognized refugee or subsidiary protection have been recognized and your family Family reunification has come to you, she can Family asylum request.
Family asylum means that your family members - for example, youre Spousein or your minor children - the same protection status as you do. This has many advantages:
-Your family gets a own residence permitregardless of your residence status.
- Your relatives in Germany may live, work, go to school and to Participate in integration courses.
-Your family is also Legally securedif your personal situation changes - for example, if you separate.
-In addition, under certain conditions, family members can also catch up with other relatives (e.g. underage siblings).
Advantages and disadvantages of family asylum
Advantages:
- Your family gets the same protection status like you (entitlement to asylum, refugee protection or subsidiary protection)
- Equal rights like you: e.g. access to the labor market, integration courses, social benefits
- Privileged family reunification: z.e.g. parents catching up with underage siblings if they have successfully applied for family asylum
- Your relatives are protected regardless of your residence status - e.g. in the event of separation or divorce
Example: A minor refugee initially only brings his parents to Germany. After a successful family asylum application, they are then also allowed to bring their younger siblings.
Disadvantages:
- Your relatives may no longer travel to the country of origin
- The BAMF can recognize your own protection check again and revoke if necessaryif the situation in the home country has changed significantly
Who can apply for family asylum?
- Spouse or life partner
- Minors, unmarried children
- Parents of an unaccompanied refugee minor
- Underage, unmarried siblings of an unaccompanied refugee minor
Prerequisites:
- The family/marriage must already existed in the country of origin have
- The beneficiary of protection must have a residence permit in accordance with Section 25 (1), (2) or (2) sentence 1 AufenthG (asylum, refugee protection or subsidiary protection)
No family asylum possibleif you only have a residence permit because of a national ban on deportation (Section 25 (5)) own.
Application: When and where?
- The application must within three months of entry of the family
- Responsible is the Federal Office for Migration and Refugees (BAMF)
Two ways depending on the residence permit:
1. with a residence permit for more than 6 months (e.g. residence permit or fictitious certificate):
- Request In writing to the BAMF headquarters in Nuremberg
- Form on bamf.de
- Request by fax and registered mail send, keep receipts
- Advantage: Your family can live with you, no obligation for accommodation in initial reception
2. without a residence permit for more than 6 months:
- Request personally at a BAMF branch office
- Your family must usuallyusually first live in a Initial reception facility live
To avoid this, you can submit an application to the Foreigners' Registration Office before submitting it. Fictitious certificate can be applied for. This is valid as a temporary residence permit.
What status does my family have during the test?
- With a residence permit for more than 6 months: The residence permit remains valid. Additional residence permit has no effect on rights.
- Without a residence permit for more than 6 months: The old title expires, your family receives a Residence permit with limited rights (as for asylum seekers)
What to do if family asylum is not possible?
If you:
- are still in the asylum procedure,
- have been rejected or
- only have a residence permit in accordance with Section 25 (5) AufenthG,
family asylum cannot be applied for.
In this case underage, unmarried childrenwho have come to you in Germany:
- It will automatically an asylum procedure initiated for the child
- You will receive a written notification and can decide whether the procedure should be carried out
Important:
- If your own application for asylum has been rejected, your child's application will usually also be rejected - unless the child has its own reasons for fleeing
- Children then often receive a rejection as "obviously unfounded" - with negative consequences for residence and re-entry
