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Appealing in Immigration Cases |
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What can I do if the Ausländeramt denies me a permit?
You have the right to appeal. It must be done within one month after having received the denial, in writing, and the appeal must be in German. You ought to name the reasons why you think the administrative decision is wrong. Otherwise, quickly consult an attorney. If you want to take the first step yourself, write a sentence like: “Hiermit lege ich Widerspruch ein gegen den Bescheid vom [date]. Die Begründung des Widerspruchs bleibt einem gesonderten Schreiben vorbehalten, das ein von mir beauftragter Rechtsanwalt einreichen wird. (I hereby object the brief of [date]. The reasons for this objectino will be put forward by an attorney I will hire.)”. It is usually wise to hire an attorney to fight for your rights and interests against an office. §§§§
Even after testing my case again, the office remained stubborn. They still refused me a permit! What are my rights? Can I seek legal recourse?
You have the right to complain in court within one month after receiving the "Widerspruchsbescheid", ruling on an objection, from the office. The law does not require you to have a lawyer but it would be wise! N.B. Do not dream that you will get a quick solution because the administrative courts are not known for speediness due to a high workload and understaffing of judges. It can honestly take up to years.
Goodie. I had to to go to court. What is my status in the mean time while the court is taking its time to decide?
Your status remains as is – not better and not worse! So, when you are allowed to work, you may do so. If you do not have the permission to work, then resist from working.
Can I try to find a job or become self-employed while waiting? What happens when I do find a new job? May I apply for it?
Sure! You always have the right to apply for something. When you meet the requirements of employment or self-employment (freelancing), then you should be granted the permission to pursue that new job. Nevertheless, make sure you that your case in court is correctly finished.
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