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Am now in the asylum proceedings, my question is when am I allowed to work afert the Vaterschaft, since I have to support my girlfriend.
2.will I still be send back to Ghana even if the results comes out negative since they consider Ghana as a safe origin or country.  Thank you.
asked Dec 22, 2018 in Legal advice by Eddy07
Dear @Eddy07, Thank you for your questions! Just to make sure I understand you correctly - you just had a child with your girlfriend? Your asylum claim is still being processed? Are you in parental leave or have you applied for parental allowance? Please get back to me with this information and I will have a look. Best, Isa
She is pregnant, and my asylum proceedings are still on,am not working so no parental leave and I have not apply for any parental assistance cos the baby is not yet born. Thank you, Isa

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Dear @Eddy07,

Thank you for getting back to me so quickly.

As you mentioned in a previous question, your girlfriend is a German citizen, is that correct? (I have been in Germany for 2years can i still seek for asylum since my visa expired?)

First of all, note that - once your child is born - if you do the "Vaterschaftsanerkennung" (acknowledging paternity) and also have legal custody of your child (shared custody with your girlfriend), it affects your legal status and you are entitled to apply for a residence permit in Germany. See this thread for more info: How can I get a residence permit for Germany having a German child?

Second of all, you can apply for something called Elterngeld and Kindergeld (parental support and child benefits) from the state. It's financial support that you will receive for your child. Kindergeld is €194 per month. Have a look at the BAMF website where these forms of support are explained. 

Here's another thread about Elterngeld from the platform: What is the expiration deadline for applying for Elterngeld?

And eventually, to answer your question, here is a thread about working in Germany with a residence permit: Good morning Sir/madam. Can I work in Germany with this residence permit (Aufenthaltserlaubnis zur Personensorge)?

And this one: Work permit for asylum seekers

Depending on your current status you may already be allowed to work. Once your child is born and you acknowledge paternity + share legal custody of the child, you can apply for a residence permit, which then also states if you have been granted to work ("Erwerbstätigkeit gestattet") - you just need a work permit from the responsible Ausländerbehörde. 

Definitely try and apply for the child benefits and for parental benefits - it's a small help at least.

Please feel free to reach out to us again if you need any further support.

All the best and good luck,

Isa

answered Dec 28, 2018 by Isa
Hello Isa,
Quick one please can I use Duldung for Vaterschaft und sorgerecht  please?. Thank you.
Hi @Eddy07 :-) From what I could find during my research, having a Duldung shouldn't pose a problem when you acknowledge paternity (Vaterschaftsanerkennung) and claim custody. However, gaining a residence permit through your child could be tricky. Please have a look at Nilab's answer on this thread: https://www.wefugees.de/801826/german-authorities-threaten-deportation-while-family-here. Also, here is more information on your rights with a "Duldung": http://www.fluechtlingsrat-leverkusen.de/eng/3.4.5_duldungen.htm Feel free to reach out to us again if you have any more questions! All the best, Isa
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