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In this article, you can find the steps and documents to register applications separately or apply for the separation of your file due to various circumstances like divorce or legal separation.
Asylum Application - File Separation procedure
Applicants have the option to apply for asylum on behalf of their family members. To proceed, adult family members must provide written consent. It's important to note that this is entirely optional. Should you prefer to submit individual asylum applications, you retain the right to do so. This applies to adult applicants and minors aged fifteen (15) and above, who also have the right to submit their applications independently.
When parents register their applications separately, the children will be included in the mother's case file.
In situations where a joint case exists with family members, but there is a desire to separate the files, you have the right to request the separation of your international protection application from those of your spouse, mother, father, or child. This circumstance can be due to divorce, legal separation, filing for divorce, the unfortunate death of a family member, or any other reason where privacy of information is a concern.
- Before the Interview: You can request file separation either in person or online. No detailed explanation or supporting documents are required at this stage. Upon approval, you will be assigned a unique case file number.
- After the Interview: Following the interview and until the Appeal's Authority issues a final decision, you must provide a clear explanation for file separation along with relevant evidence, such as documents demonstrating the separation from your spouse. The children will remain in the initial case file unless there are official documents (e.g., a court decision) regarding custody.
Online Application Process:
You can apply for file separation through the Ministry platform here. Below you can find the required documents to your application:
- A solemn declaration of consent of the other party
- Declaration of divorce agreement certified by a notary
- Divorce petition
- A solemn declaration of separation from the spouse
- Death certificate
- Court decision
- Hosting attestation
- Judicial decision on custody of a child
- Agreement of custody of the child
- If your request is accepted, your case will be examined separately, and it's important to update your contact details.
- File separation does not impact your asylum decision, civil status, or parental rights.