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Hello dear Wefugees,

i'm Algerian and i have been in germany since last year, i left to Paris for work for 7 months since i it was difficulte for me to get a black job in Germany though,i came back to Germany and me and my German girlfriend we just got an engel child a week ago, and i'm planning to get a residence permit in Germany, i don't have any visa or residence permit in Europe only a Hungarian one where i was a student, but already expired 7 months ago,

i'm asking what do i need to do to grant a residence permit in Germany, dispit my German child and girlfriend, and i have tried to get married but wasn't possible without a valid residence permit!

And if i will apply for asylum is that gonna help?

i have got the "Vatterschaft and the Giburtserkunden".

thank you so much for your help

looking forward to hear from you soon!
asked Dec 20, 2018 in Legal advice by latrache
edited Dec 20, 2018 by latrache

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1 Answer

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Dear @latrache,

Thank you for reaching out to us and Congratulations on the new addition to your family!

I've had a look for a similar question on our platform and found this thread that gives a short answer on what's required for a German residence permit: 

"In Germany we got the following rule: If you come from a non-EU country, have a child with a EU citizen and you acknowledge [paternity] then you will receive a residence permit that enables you to live/work within the European Union."

Here is a more in depth list of what you need to collect in order to apply for a residence permit in Germany:

https://www.berlin.de/labo/willkommen-in-berlin/dienstleistungen/service.493516.php/dienstleistung/328191/en/

Documents required

  • Application form (filled out)

    See the “Forms” section.
    Please fill in one form for each person who wishes to apply for a residence permit.
    (not necessary for the extension of the residence permit)

  • Valid passport

    A passport must be submitted for each member of the family. For German spouses / same sex civil partners, the personal identity card (Personalausweis) is also sufficient.

  • Kinderausweis (Child's identity card)

    For German children, a children's ID (Kinderausweis) is required. (if available)

  • 1 current biometric photo

    The photograph must be current. It must also fulfill the photograph requirements for electronic passports. The photo sample page (Foto-Mustertafel) of the German Federal Printing Office (Bundesdruckerei)includes the individual requirements.

  • Birth certificate for underage children

    Not required for the first application of parents or children of German citizens

  • Certificate regarding legal custody- A certificate regarding legal custody must always be presented if
     
    • the foreign father is not married to the child's mother and the residence permit application affects care and custody
    or
    • an under-age, foreign child applies for a residence permit and one of the parents is not resident in Germany.
  • Proof of recognition of paternity (Vaterschaftsanerkennung)

    A paternity recognition must always be presented if the parents are not married under the German law (not required for the extension of the residence permit).

  • For all foreign documents: translation, possibly with an additional apostil or confirmation of authenticity

    Please provide an authenticated translation of all foreign documents.
    Depending on your country of origin, you may also need an apostil or confirmation of authenticity (issued by a German consular official) for your document(s). You can find out more about this at the German Federal Foreign Office (Auswärtiges Amt), for example.

  • Confirmation from the Youth Welfare Office (Jugendamt)

    If the foreign father of a German child applies for a residence permit without being accompanied by the child's mother, confirmation (not older than 14 days) is required from the Youth Welfare Office (Jugendamt) regarding the degree of contact he has with his child.

  • Proof of main residence in Berlin
    • Certificate of registration at the main residence (Meldebestätigung) or
    • lease and written confirmation of occupancy from the landlord

Especially having the custody of your child matters in your case if you want to apply for a residence permit in Germany and are not married to the mother. Have a look at the link I send you and you will find all the necessary forms and fees. 

In case you are interested in getting married at some point, here is a thorough explanation on how it works in Germany from the Wefugees Blog: Click here. 

I hope these sources help you out, please feel free to contact the community again if you need further assistance!

All the best,

Isa

answered Dec 21, 2018 by Isa
thank you so much for your answer, this a really usefull informations, and i appreciate it, now i'm gonna see in this matter and i will contact a lawyer to have more support, hope this situation won't long as i'm concerned on been diported if there is any police check out.
Dear @latrache, I'm glad to hear the information I shared with you helped! Consulting a lawyer sounds like a good idea to be sure. There are also free legal aid services in Germany if you are interested: http://www.refugeelegalaidinformation.org/germany-pro-bono-directory You can click on the area/ city you live in to find the closest one. All the best, Isa
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