A Kenyan lady was recently in court trying to fight for her right to stay but the judge declined the application and demanded that she return home either voluntarily or risk being deported.
The Kenyan moved to Germany to join her husband and got a Family visa in Kenya. After a few months, her husband filed for divorce and they separated. Before the immigration officials could revoke her visa, she got married to another German and got a new visa. After four years of living in Germany, she started working as a prostitute in Mainz.
14months into her second marriage, the husband also filed for a divorce. Before the immigration officials in Mainz could revoke her stay in Germany, the Kenyan got married to her second ex-husband again for a second time. This time they were together only for another 9months before the husband filed for a second divorce.
Now the immigration officials in Mainz have refused to extend her visa, demanding that she return to Kenya voluntarily or risk being deported by the officials.
The Kenyan took the Mainz immigration to court demanding she had a right to stay in Germany. The judges of the 4th Chamber have refused to allow the applicant to stay in Germany pending a final decision on their appeal against the decision made by the immigration office in Mainz. She cannot be offered a visa for family reunion as she’s no longer married. A marriage of less than 2 years does not give a foreigner entitlement to a visa after end of the marriage and it’s not possible to aggregate periods spent in different marriages that includes marriages to the same person.
The court ruled that the applicant wouldn’t face any hardships if they returned to Kenya, as evidenced by a statement sent in by the German Embassy in Kenya that explained that there was no social disadvantage faced by divorced women in Kenya for their marital status.
The court also ruled that the lady had undertaken no measures to integrate into the German society, nor made herself a part of the society. She argued that she had helped in nursing her ex-husband’s parents but the court declined this stating that, it was impossible for the Kenyan to offer any extra nursing to the parents who were being nursed by a nursing company, as she was already working. The working hours in the brothel where the Kenyan worked were from 8am until 9pm, leaving very little time for the Kenyan to nurse the parents. Secondly, the brothel where the Kenyan worked wasn’t in the same part of the city as where the parents in law lived at the time.
The court declined her appeal, and she now has to leave the country ASAP.
Do you think the court ruling was fair?