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I have a child from a lady here and both have a one year permit of stay heel in germany.I like to know if it's possible to get working permit here in order to take care of my baby here in germany.Am a refugee from italy
asked Jun 28 in Legal advice by Christopher7777 (190 points)
retagged Jul 4
Hello @Christopher7777 - Welcome to the Wefugees community. I will link @WKZB1 - He will take a look at your question next Wednesday. Best regards, Thorgen
Thanks @Thorgen. I have done both declaration as father and custody of baby when I came down to Germany last week.I don't need benefit only want to be able to take care of my baby.can I reseek asylum again to make it easier
You can't seek asylum in another country due to the Dublin III convention, especially since you've already been granted asylum in Italy.

Unfortunately, I can't give you advice concerning the other part of the question. Let's wait for WKZB1 who will take his time to look at your question next Wednesday. Or maybe someone else from the community knows a little more about this topic.
Good morning @thogen. Please today is Wednesday and I hope my question will be answered. Thank you

1 Answer

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Dear @Christopher7777,

@Thorgen is right. Because you´ve already been granted asylum in Italy, your renewed asylum application in Germany will probably rejected as inadmissible.

As a father of an underage child who does not have the German citizenship, you can try to apply for a residence permit, but you´re not entitled to get it granted. The decision on your application is at the discretion of the immigration office.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 or to Italy. According to the Federal Administrative Court, the fact that a family member, in this case, your child and his mother, has a residence permit, doesn´t preclude a joint departure.

If you are in possession of an Italian permit for permanent residence - EU ("soggiornante di lungo periodo -- CE od. UE"), then you can enter Germany without a visa and apply for the residence permit at the immigration office within 90 days after your entry according to § 38a of the Residence Act. A prerequisite for this is, for example, the submission of a concrete fixed job offer with which you can earn sufficient income to secure your livelihood. In this case, the granting of a residence permit in accordance with § 38a of the Residence Act requires that there are no suitable German job seekers and foreign job seekers entitled to reside for the work you intend to do and that your payment is comparable with that for German employees. Information on this topic can be found at the following link of the Berlin immigration office:

https://www.berlin.de/labo/willkommen-in-berlin/dienstleistungen/service.245714.php/dienstleistung/325475/en/

Best regards

WKZB1

answered Jul 4 by WKZB1 (5,750 points)
selected Jul 4 by Christopher7777
Thank you very much for ur answer@WKZB1.The problem I now have is that evenot d mother of my baby is now pregnant again during this period I been around.is there a office around reutligen I can seek help for my many problems.,I been to see a lawyer already.thanks
Dear @Christopher7777, You can find the contact details of the Red Cross Germany in Reutlingen under the following link: https://www.reutlingen.de/foreignInformation#faqAnchor_6 Maybe the legal advisers there can help you. Best regards WKZB1
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