Imagine this: You have been recognized as a refugee in Germany - i.e. officially protected. And now your family has finally joined you as part of family reunification. Then there is a way for them to get the same protection status as you: the so-called Family asylum.
In practical terms, this means that your wife, your husband, your children - they could all receive the same rights as you. They would then also be officially recognized as refugees.
What are the arguments in favor of family asylum?
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Equal protection for all:
If your family is granted family asylum, they have the same residence status as you - with all rights.
Example: You fled to Germany as an unaccompanied teenager. Your parents were later allowed to join you, but your younger siblings had to stay behind. If your parents are now granted family asylum, they can also bring your unmarried siblings who are minors. -
Right of residence:
Your family is no longer dependent on your status.
Example: If you separate from your partner, he or she does not automatically have to leave the country - with family asylum, he or she can still stay.
What should you consider?
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No trips to the country of origin:
As soon as your family is also recognized, they are no longer allowed to simply travel to their country of origin - just like you.
Example: If your parents would like to travel back for the funeral of a relative, this would not be permitted. -
Your status can be checked:
If your family applies for family asylum, the BAMF can also check your own protection status again - and if something has changed in your country of origin, it may be revoked.
Who is allowed to apply for family asylum?
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Spouses or registered partners
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Minors, unmarried children
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Parents of an unaccompanied refugee minor
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Minors, unmarried siblings of an unaccompanied minor refugee
Important: The family relationship must have already existed in the country of origin. And: You must be a recognized refugee or a person entitled to subsidiary protection (a residence permit due to a ban on deportation is unfortunately not sufficient).
When and where do you apply for family asylum?
The application must within three months after your family has entered the country. And this is how it works:
In writing to the BAMF
If your family already has a residence permit for longer than 6 months (e.g. due to family reunification), the application can be sent in writing to the BAMF in Nuremberg.
Important: Fax application and send by registered mail. Keep both!
Advantage: They don't have to go to an initial reception center - they can live directly with you.
In person at the BAMF
If the residence permit is valid for less than 6 months or does not yet exist, the application must be personally at the responsible BAMF branch office. Then it often means: off to an initial reception center.
Tip: If you want to avoid this, apply in advance for a fictitious certificate or residence permit from the foreigners authority.
And what happens while the application is being reviewed?
If your family already has a residence permit: Great! It will remain valid during the asylum procedure - and you will retain all your rights.
If they No valid permit have: Then they get a Residence permit - with all the rights and obligations of asylum seekers.
Family asylum not possible - what then?
For example, if you only have a residence permit because of a ban on deportation, your family cannot apply for family asylum.
If your child comes anyway, an asylum procedure will automatically be started for the child - you will be informed of this in writing.
But beware:
If your application for asylum has been rejected, the chances for your child are also poor - unless it has its own reasons for fleeing.
If not, the application will be marked as "obviously unfounded" - and this makes subsequent re-entries or extensions more difficult.
