So I am a student with a student visa. I am currently learning German at an Institute and I’ve applied for an Anmeldung and Residence permit at the Ausländerbehörde Essen by Email. After waiting 2 months I contacted an immigration lawyer since I wasn’t confident of the information I had. I know that there really isn’t a problem if I have requested an appointment and my visa ends as it is their problem but the lawyer told me to avoid headaches and problems with the police if they requested my ID or visa it is better to request a Fiktionsbescheinigung. So the lawyer told me to give them 2 weeks and send them an Email that I want a resident permit or at least the Fiktion before my visa ends. However they didn’t reply back , despite me sending two emails ,one for the general inquiries email and other specifically for student appointments. Then he told me to threaten them with court and then give them 2 weeks . So should I do that? Or am I taking it too far? Now mind you, a legitimate lawyer told me to do that and a google review also did that as you can see here with 32 helpful votes :”https://www.google.com/maps/reviews/data=!4m8!14m7!1m6!2m5!1sChdDSUhNMG9nS0VJQ0FnSURjelpDLTRBRRAB!2m1!1s0x0:0xc3977935386653b9!3m1!1s2@1:CIHM0ogKEICAgIDczZC-4AE%7CCgwIhvmk9wUQ2P3ElgE%7C?hl=en-US&g_ep=CAISBjYuNTMuMxgAINDkAUICTEI%3D&g_st=ic.&g_st=ic.” The problem is that I don’t know the court procedure and how I should raise it to court. The lawyer also told me don’t be that guy if you send them a Email threatening them and don’t actually raise the issue to court. Now legally speaking I have full rights to raise the issue because a lawyer knows better and the Ausländerbehorde at least should give me a Fiktion. Sorry if I sounded arrogant. I’ve tried my best to explain and I am naive regarding these issues. You can also find info regard the fiction in Essen Ausländerbehorde here:”https://media.essen.de/media/wwwessende/aemter/zentrale_auslaenderbehoerde/auslnderbehrdeeinbrgerungsbehrde/Informationen_zur_Fiktionsbescheinigung.pdf”
1 comment
If a lawyer recommends it, then it is probably the right thing to do.
The Ausländerbehörde is probably completely overwhelmed and has too few employees, so it is very possible that the only way to get things moving is threatening court.
It is very likely thing will get going once you do that, and that you don’t actually have to go to court. But if they don’t, you have to be ready to actually take them to court, and I have no idea about the costs or time for that.
Keep in mind: if they ignore your application, you might get into serious legal trouble if you are in Germany without a visa (and without a Fiktionsbescheinigung, which basically just confirm that you have applied for a Visa and are allowed to stay until it is decided on).