EXTENSION OF RESIDENCE FOR GERMANY.
Views: 1080 | Created: 08/21/2014 2:28 pm | Personal categories: Immigration law.
In one of our articles we already explained to our readers that it is very easy to lose a residence permit in Germany (lose it). In addition to such reasons as the discovery of counterfeit or dubious documents for officials, the commission of a serious crime, the most frequent reason that may lead to the deprivation of a residence permit is a prolonged absence on the territory of Germany. In accordance with � 51 cl. 6 and 7 Aufenthaltsgesetz -the German “On Stay, Work and Integration of Foreign Citizens in the FRG” – a foreigner may lose his residence permit at the time of leaving Germany for permanent residence abroad, or if he has been for six months or another , inconsistent with the foreign affairs department, did not return to Germany. What can indicate that a foreigner who has a residence permit in Germany left for the purpose of permanent residence abroad? This is dismissal from work, termination of the contract of hiring an apartment, selling furniture and household items. And, of course, the absence of a foreigner in Germany for more than 6 months, which can be ascertained from the marks in the passport when crossing the German border. Let us note that the information of some authors on the Internet about the fact that a foreigner who has a limited residence permit in Germany can live peacefully outside it for an unlimited period of time, to put it mildly, is not true.
Anna – so we will call our client – a native of Kazakhstan, the daughter of quite wealthy parents, married a German citizen. The marriage was registered in Russia, the year they lived in Dubai, then they came to Germany. Anna received a residence permit for a period of one year. Then they had a child, who by birth received German citizenship.
With German, Anna had problems, more precisely, she did not have the desire to teach him. She was ordered to attend an integration course in German, but Anna did not attend. Then she quarreled with her husband, took the child and went to Russia. After living in Russia for some time, she decided to return and extend her residence permit in Germany. But there it was – the official demanded from her to provide the actual confirmation of registration at the place of residence, but Anna could not do this – she and her child did not have a registration in Germany. As it turned out, the character was shown not only by her husband – he responded with a protest to protest: after quarrel she left with the child for Russia, and he took both of them off the registration record in his apartment. But Anna did not want to put up with this state of affairs – her child has German citizenship, and she wants to live with him legally in Germany.
For help, Anna asked our attorney’s office. How can you help a client in this situation? In the course of the consultation, the lawyer explained to Anna what preconditions she must fulfill for the extension of the residence permit. First of all, it must have a registration at the place of residence, i.e. rent an apartment and register with the child. Secondly, it must provide the official with confirmation that he is taking measures for integration in German society. To this end, it is necessary, at least, to enroll in the German language courses. But here there were problems – Anna ended the validity of the residence permit, and without this it is simply impossible to rent an apartment. As for the courses, this is also a problem, because the state already provided free courses, but she did not attend them.
Then we actively joined the case – helped Anna to register in Berlin, to find courses for studying the German language and to enroll them, appointed a day of meeting with an official in the department for foreigners. Then the lawyer prepared on behalf of the client an application for the extension of her residence permit in Germany. In his justification, the lawyer indicated that our client does not live with her husband due to the fact that cohabitation became impossible. However, their marriage is not terminated, but she alone brings up a young child. The lawyer pointed out that his client had no opportunity to attend the integration course, since she had no one to leave the child with, but she attended a private school – only so she could set a flexible schedule for attending her classes. At present, she enrolled in German language courses.
In the day appointed by the foreigner officer, the attorney accompanied the client. During the conversation, he supported her statement and gave additional explanations. The residence permit for Anna was extended for 3 years.
It would seem that everything is clear and simple – advised, written, accompanied. But behind each such case stands the painstaking work of lawyers and lawyers, which, at first glance, seems not to be visible, but which requires special knowledge, the ability to negotiate, to find an individual approach to each client and … a lot of time.
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EXTENSION OF RESIDENCE FOR GERMANY.