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Hello all, Thanks for the wonderful works you guys are doing here. I am from Africa and a father of a German child which was born since over a year ago and i have the 'necessary documents'. But i never apply for the 'Aufenthaltserlaubnis zur Personensorge' because i have the residence permit for study valid till next year......(1) I want to ask if it's lawful and legal to apply for 'Aufenthaltserlaubnis zur Personensorge' backdated to start from when my child was born ? ...........(2) I recently picked up a freelancer job (which i think is against student working permit but i learned families of Germans are allowed to do all jobs) from a UK employer which means my payment comes from abroad. Now i want to pay my tax for the past months but i think i might get into problem if they see i'm on study working permit.....How can i go about the backdated application as father of German child to avoid problem? cc @Thor @WKZB1

asked Aug 26, 2018 in Legal advice by moraku
retagged Aug 30, 2018
Hello @moraku - Nice to hear from you again. You already linked WKZB1, let's wait for him to take a look at your case on Wednesday. Best regards, Thorgen
Okay @Thor - I will wait. Because i have been to the auslanderbehorde and i was told my permit would start from the date i apply.

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1 Answer

+1 vote
Dear @moraku, Unfortunately, it is not possible for you to apply for a residence permit as the father of a German child backdated to the time of your child's birth. The residence permit can only be issued for the period from the date of application. Best regards WKZB1
answered Aug 28, 2018 by WKZB1
thanks for your adequate response @WKZB1 . Okay I would apply to the new permit first and i will go to the finanzamt afterwards to pay up the outstanding tax. but i hope my previous study work permit won't be an issue? i would like to hear your opinion about this?
Dear @moraku, Since you have been self-employed in Germany without entitled to do so, you have committed an administrative offence pursuant to Section 98 Undersection 3 Number 1 of the Residence Act. This administrative offence can be punished with a fine of up to € 5,000 in accordance with Section 98 Undersection 5 of the Residence Act. Section 98 Residence Act can be found under the following link: https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p1801 Best regards WKZB1
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