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–1 vote
Hi,  
Good day....  Thank you for acceoting me in your forum...  
Btw,  I am Sheen and I am an asyl with Duldung status...  I have a boyfriend who is an asyl too...  We started our relationship last August 2015 we fell in love and I got pregnant November 2016. We are not living together for now, I have my Asyl in Köln and his in Bonn. I gave birth in Köln... How  can we stay in Germany with our son???  I am trying to seek answers for a long time... and I hope you can help me..  

Thank you
Best Regards...
asked Feb 12 in Legal advice by Sheen (100 points)
Hello @Sheen - Welcome to our community! I have a few questions first to get a better overview of the situation. First of all: are you married or not? And what is the legal status of your boyfriend (does he have Duldung too)? Best regards, Thorgen
Hi good day...  We are not married yet... He was in asylum before but now he is in Duldung too and the Auslanderamt in Bonn wants  him to go back to his country...  

1 Answer

0 votes
Hello @Sheen

Thank you for clarifying the matter.

I’m sorry to tell you, but unfortunately I don’t see an option how you can stay in Germany together in a long-term perspective due to your legal status.

Unfortunately none of you has a residence permit (a Duldung is not a residence permit - it only suspends deportation). If one parent had a residence permit, the other one could apply for an “Aufenthaltserlaubnis zur Personensorge” (it’s a residence permit to take care of someone → the child), but that’s not possible in this case since both of you have Duldung.

A baby that was born after its parents applied for asylum gets its own asylum procedure. But only if at least one parent is still in the procedure. Both of you already received a decision, that’s why I assume that your child gets Duldung too. So you two can’t stay here through the baby, as far as I can see.

Marriage doesn’t grant you the right to stay either because neither are you an EU citizen nor do you have a residence permit that would make family reunification possible. In your case it might even be a risk to contact authorities in this regard because both of you need to provide a valid passport in order to marry. Since your boyfriend’s deportation is imminent I wouldn’t hand these documents in.

Maybe the community knows about another option that I don’t know. But as far as I can see, there is no real solution to your problem at the moment :/

Still I wish you all the best.

Best regards,
Thorgen
answered Feb 20 by Thor (43,890 points)
@thor....  Thank you for your well explained answer regading this matter...
What about if we seek for a legal advisor/ an attorney regarding this matter...  And if thats the case our son will be stateless???
I can only encourage anyone facing a situation like you to get in touch with a lawyer (if you can afford that) or to contact an experienced counselling center. They are able to take a much closer look at your case and give you immediate advice on how to proceed. I will link @Marcel who is a lawyer that shares his expertise with us here on Wefugees. Note that he is quite busy right now which is why I can't guarantee for an immediate response, but if he finds the time he always gives great answers. In addition I will link @Steven who is also a lawyer whose expertise we value a lot. Maybe one of the two can give us some insights regarding the general legal framework.
@ thor.... I really do appreciate your help... We are working on how to get a lawyer regarding this matter... We are just trying to protect our child's Future... I hope you understand...  Does my Boyfriend has the right to Appeal his case being deported back to his Country? As what I have read with Asylum laws there is an appeal...  

I am looking forward for your response as well as @Steven & @ Marcel...  

Thank you very much & God Bless
Hello @Sheen - I totally understand that you are worried about your future (including your child and your partner), that's also why I'm hoping that there is an option that I didn't find. Concerning the appeal: With every decision you receive comes a so-called "Rechtsmittelbelehrung". It's usually the last page of the letter and it contains information about the deadline and which court is responsible for your case. I don't know when your boyfriend received his decision, so I can't tell you in how far he still has this option. Once again, in situations like that it's probably best to find a lawyer or a counselling center that can take a closer look at the case and give more precise advice on what to do next. Best regards.
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