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Hi. I hold a duldung status, I had a baby 7 months  ago and I live in hamm, the father of my child lives in beilefeld with a permanent residence permit...can the baby get his residence permit and do I too...I ask this because we have submitted all necessary documents and the authorizes haven’t seem to give us an answer. Btw...we don’t live together and I live in an asylum home with my child...what is the way forward or what can we do it sort this issue out? A lawyer peharps...I would really appreciate any suggestions/contributions. Thanks
asked Mar 21, 2018 in Asylum proceedings by Akos
Hello @Akos Welcome to our community and thank you for your question! I will link @WKZB1 . He knows a lot about right of residence and might have an answer to your question. Best regards, Thorgen

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1 Answer

+1 vote
Dear @Akos, Based on your information, I assume that your child's father does have a settlement permit (Niederlassungserlaubnis) but hadn´t had a residence permit for eight years at the time your child was born. As a result, your child doesn´t have the German citizenship. In this case, your child can apply for a residence permit in accordance with § 33 sentence 1 of the Residence Act, but is not entitled to get it granted. The decision on the granting of the residence Permit for your child is at the discretion of the immigration authority. It also takes into account whether you, your child and his father live together and whether the family unity can be reasonably conducted outside of Germany (for example, in your homeland ). Only when your child gets the residence permit granted, you can also get one. If you and the father share the joint custody for your child and the father maintains regular contact to your child, you should engage a lawyer to help you in this issue. Best regards WKZB1
answered Mar 21, 2018 by WKZB1
Thanks for your reply. I really appreciate it. One more question. The father is fit to  for a German passport/neutralization in the next 4 months, can he apply for this together with his child...can the child also neutralize along with the father?
Dear @Akos, The father can only apply for naturalisation with your child together if your child has a residence permit for Germany. WKZB1
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