Father of my child been to more than one country seeking asylum, what now?

Question

Okay, so the father of my child first seeked asylum in the UK in 2013-ish. He got refused there. In 2016 he went to Italy but didnt really apply for asylum, they only took his finger prints. afterwards he applied in Hungary and then went to germany instead, recommended by his friends, that this country would probably approve his application for asylum. Well, since years he has been here but only recently he got a message from BAMF that they want to compare his finger prints in the EURODAC thing. He came out with his story and now I am in fear that they will take him away. In general I want to know the possibilites here. Can they send him away? Does he need to go there and give his finger prints or not? What if he just doesnt go? What if he says he wants to go back to his country before he needs to do that and I will apply for Familienzusammenführung? I dont want to be alone with my child, I dont want to lose him. He knows he shouldnt have done those things

Answer 1

Dear @Gemalto, 

thank you for sharingyour story with the community and waiting for a response!

As for your questions: 

1. Can they send him away? 
2. Does he need to go there and give his finger prints or not? 
3. What if he just doesnt go? 
4. What if he says he wants to go back to his country, before he needs to do that and I will apply for Familienzusammenführung?

Answers: 

1. They will first start the Dublin Regulation Process and ask the first country to process his asylum. However as you both have a child together, they will take this into consideration. So please make sure to do the Vaterschaftsanerkennung, if not yet done and the Erklärung für Sorgerecht at the Jugendamt. 

2. He will have to attend the appointment. 

3. If he does not go they cant process his case and will decide without him being there. 

4. He shouldnt do that, but actually go for the appointment for the EURODOC process but take all the papers that proof his fatherhood and it would be better that you consult a lawyer in this process. 

I hope we could help you. please if you have further question do let us know. 

Best regards, 

Nilab

Comments

Thank you for that response. We already did that anerkennung and sorgerecht but all with the Duldung, so it says that all of that information is not yet proven. Is that going to be a problem?
And also, I am trying to make him understand that it's probably the best to call BAMF and tell them in advance that they will find his fingerprints. Is that a good idea? I just think it will make a difference as to the way we can handle things from then on. If they find out by themselves I believe that will send the wrong picture and make the future much more difficult...