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German Law/Humantarian resident


Hello Moser. Am legal marry to german citizen with two month child. I was in asylum before we get married now i want to change my immigration status from Duldung to family member of eu. The immigration office in virsen. Wrote us a letter to come for resident permit base on humarian right. I dont understand why are they not giving me the right permit to start working. Please help me am from africa ghana.

Hello Kwaku,

if you are married to a German citizen and live in Germany and have a child, you should clearly be able to obtain a residence permit in accordance with 28 I AufenthG.

Please note that this is not the family reunion with an EU family member, as the EU family reunion directive does not apply to a German citizen living in Germany. In this case, German law prevails.

I have no idea why the immigration office is offering you a different residence permit.
If you want me to take a closer look, please feel free to e-mail me their letter to

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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