The Petitions

Officials impose an ultimatum. In these situations, you must first obtain from the Office of Immigration permission to stay in Germany. For this purpose, before the expiry of the visa petition filed appropriate. As a result of the work was obtained Fiktionsbescheinigung – official document, which our heroine felt much calmer. This – not a visa, but not yet permit. After the birth of your child's interests were filed a petition to protect the family community with his father (Schutz der Familieneinheit mit dem Vater), and for his mother – a petition to protect the family community with a child (Schutz der Familieneinheit mit dem Kind).

In addressing the petitions were denied. Officials demanded the immediate departure of mother with a child on a voluntary basis. Otherwise, the threatened forced expulsion and subsequent prohibition of entry into Germany in the long term. Their argument boiled down to that, he says, now fully grown baby, a mother recovering from childbirth, and nothing prevents them to leave Germany. Justice has triumphed.

Decision authority – not the ultimate truth. It can be appealed in court. And to prevent the expulsion of foreigners on the initiative of officials who served the additional petition to the court – Antrag auf Anordnung der aufschiebenden Wirkung ('m just submission of an application to the court – Klage – does not guarantee an alien from refoulement). Speaking of the judicial term, our countrymen often do not know. But almost any administrative act may be appealed in court. Officials – "government people", they rarely explain the best applicants of their status, which can be used. In difficult situations it is the judge who has independent status, taking responsibility and often makes decisions in favor of foreigners. So it was in our case the court agreed with arguments of counsel, granted the applicants protection against expulsion. Subsequently the child was guaranteed the right of residence in the family community with his father ( 33 AufenthG), and his mother was granted a residence permit (Aufenthaltserlaubnis) on humanitarian grounds ( 25 Abs.5 AufenthG). Recall that an alien may be granted a residence permit on humanitarian grounds, if his departure for legal or factual reasons not possible. At that ended our history. All family members, as befits the together! All concerned should bear in mind that this decision court can apply in their case.