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im a filipina adopted by a german nationality

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marlonhanna

i was a adopted by my grandmother and she married to a german guy and they adopted me and my brother my brother is already in germany his 29 we dont have a communication i want to go to germany but my adopted father dont want me to go to them coz my adopted mother is already dead and he abondoned me stop supporting me can i go to germany even if he doesnt sponsor me can i still have a visa if my brother will sponsor me even if im over aged and how many processing year that will be processs

marlonhanna

marlonhanna wrote:

i was a adopted by my grandmother and she married to a german guy and they adopted me and my brother my brother is already in germany his 29 we dont have a communication i want to go to germany but my adopted father dont want me to go to them coz my adopted mother is already dead and he abondoned me stop supporting me can i go to germany even if he doesnt sponsor me can i still have a visa if my brother will sponsor me even if im over aged and how many processing year that will be processs


please answer

beppi

Of course you can have a visa to visit Germany. You don't need a sponsor for that.
Just apply for one at the German embassy and you can stay up to 89 days. They might ask you to show a return flight ticket, sufficient financial reserves and a health insurance.

TominStuttgart

If your grandmother adopted you and then married a German then he becomes your stepfather. So the legal question will be if he then actually adopted you as well. If no, then you have no claims but if yes, then you should have a good chance legally claim to German citizenship.

You would have to contact the German consulate in your home country and provide documentation. If some documentation is missing and your adopted father doesn't cooperate then it might get complicated.

Everyone has a right of free movement. Your father can refuse to support your visit or not meet with you but he cannot keep your from going to Germany. If you are still a minor, it can get complicated whether you can travel alone or not but then he would have specific legal obligations to provide you with support. If you are over 18 then he still might have some financial obligations. In Germany, a parent can be required, for example, to help finance one's studies or professional training up to the age of 25.

marlonhanna

yes he adopted me here in the philippines and im using his last name coz thats want indicated on my birthcertificate that his my father in a legal way

marlonhanna

all i want is to have a citizenship there so that i could work there and i want to see all the legal matters and beneficiaries of my dead mother my german father stop supporting me when my mom died when i was 12 years old i want to know my rights

beppi

So you don't just want to visit Germany, but you want citizenship? Why didn't you say so in your first post.
If you are adopted by a German in Germany, you automatically get German citizenship. But if he adopted you abroad, this only applies if that adoption is valid in Germany (the rules and requirements are stricter different here).
So you should contact the German embassy to find out how you can start the checking process (or, better, engage a German lawyer to handle this for you - I don't think it can be done without good German language skills).
And if you want to work in Germany in the future, you better start learning German now, as it is very difficult to find a job here without.

beppi

It is difficult to understand what you really mean, maybe you can be clearer on these:
You said he is mentioned as father in your birth certificate? That can only be if he was already your father at birth???
You also seem to want to claim your mother's inheritance? That would only work within three years after her death. All claims are forfeited after that.

TominStuttgart

beppi wrote:

It is difficult to understand what you really mean, maybe you can be clearer on these:
You said he is mentioned as father in your birth certificate? That can only be if he was already your father at birth???


This also confused me how you can be adopted by someone already listed as the father on your birth certificate!?

I am posting a link to a site in English from a German law firm that deals with such things.

By German law, you would automatically inherit part of your mother’s wealth (if she had any) whether she had a will or not. To quote the site "In the event that a person dies without leaving a will, German intestacy rules govern how the deceased’s estate is to be divided amongst remaining relatives."

The complication as mentioned by Beppi is that one has 3 years to collect it - but to quote from the site "Any compulsory share claims must be brought within three years from the end of the year in which the claimant obtained knowledge of the entitlement to inherit." Thus the 3 years is not from the date of death, but from when you know about an inheritance.

What I don't see in your post if whether your mother died in Germany - or elsewhere. If she was in the Philippines when she died then possibly only local laws would pertain. If she died somewhere other than the Philippines or Germany then I really don't know although maybe German law would still apply if she was physically elsewhere but a legal resident of Germany at the time.

https://www.wbs-law.de/eng/practice-are … tance-law/

maria_130317

I can understand the confusion. I think there's a bit of language barrier here and she couldn't fully express herself articulately. I will try to speak to marlonhanna in private with our (Filipino) language to better understand what she actually needs. Appreciate both your intention to help.

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