I got rejected and appealed in court - What are my chances to stay in Germany?

Question

Good day here and thank you for all your help you are rendering, please i am an Asylum seeker from Nigeria here in Germany, I received negative rejection after going for an interview last year in April, and I have already appeal since that time but i get an invitation to Administrative court for hearing in next two weeks.

My question is that i want to know my chances because, i have a baby with my girlfriend who has a Resident permit here in Germany and also i m doing an Ausbildung since last year als Koch and i have been working for like 4 years as koch in germany, please what are my chances . i.e, i have a vaterschaftannerkenung but she didnt give me sorgerecht.

Answer 1

Dear @Tosin, Unfortunately, it is also impossible for me to assess whether the court will decide in your favour or not. If the court rejects your appeal, you can try to apply for the Ausbildungsduldung (temporary suspension of deportation for occupational training) according to § 60a Abs. 2 S. 4 AufenthG. As a trainee you can get the Ausbildungsduldung for the duration of your training from the immigration authority granted. The issuance of Ausbildungsduldung is linked with a variety of conditions. No measure to terminate residence may be immanent; the person concerned may not have been responsible that his / her deportation couldn´t be executed. Theoretically you can also try to apply for a residence permit as father of an underaged child who doesn´t have the German citizenship. The decision on your application for residence permit is at the discretion of the immigration authority even if you share the right of custody and care for your child with his mother. Without this right and the family unity with your child and his mother, it would be very difficult for you to get such a residence permit granted. Best regards WKZB1

Comments

Thank you @wkzb1 for your reply, actually i am in Unity with my daughter and i i ve been visiting her, but is only her mum that refused to give me sorge, do you mean that i can apply for residence permit with only vatershaftannerkenung without sorge

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Dear @Tosin, Even if you´re in unity with your child, you´re not entitled the residence permit granted. The residence permit is usually granted only if the family unity between you, your child and his mother can only be conducted in Germany. It must be unreasonable for your child and his mother to follow you to your homeland. According to the Federal Administrative Court, the fact that a family member, in this case, your child and his mother, has a residence or settlement permit, doesn´t preclude a joint departure and doesn´t justify a ban on deportation. Best regards WKZB1

Answer 2

Hello @Tosin

Welcome to the Wefugees community and thank you for your question.

Concerning your appeal in court I can't tell you how high your chances of success are.

Regarding the information you gave us in the second paragraph I can say that it's probably not sufficient to grant you a residence permit. Working or doing an Ausbildung do not suspend deportation after rejection in the asylum procedure. Or do you have an Ausbildungsduldung (a Duldung that allows you to stay for the duration of your Ausbildung plus 2 additional years)?

Unfortunately having a baby with someone that you are not married to doesn't grant you the right to stay automatically either. You need to have Sorgerecht in order to get a so-called "Aufenthaltserlaubnis zur Personensorge" (residence permit to take care of the child).

In addition to my answer I will link @WKZB1 of Willkommenszentrum Berlin. He will take a **** at your question tomorrow and might be able to add some information that I missed out.

Best regards,

Thorgen

Comments

Thank you for your respond, actually she did not give me sorge and she refused to do so, but i have with me a vatershaftannerkennung