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Hello Wefugees Community.

My girl and I will be welcoming our baby very soon.
I was advised our child will be born automatically a German citizen since her mother (non-EU citizen) is on a permanence residence basis, and already residing in the country for as much as 16 years or our child gets the same status as her mother ( Non-EU citizenship but on a permanent residence basis ).

My question is yet to be asked: Is there any way for me to regularize my "illegal status" through my kid regardless of the status the child will get ???

I am looking forward to any productive answer.

With regards.
asked Mar 7 in Legal advice by The_Melingal

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1 Answer

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Dear @The_Melingal,

Thank you for you question and sorry your had to wait so long for an answer!

If the mother of your child has permanent residency, they will indeed receive the German citizenship automatically. And as the father of a German child, you qualify for a Aufenthaltserlaubnis t (§28 AufentG) - if you have custody (Sorgerecht). However, in principle, you need a valid visa in order to apply for a Aufenthaltserlaubnis. So you might have to return to your home country in order to apply for a family reunion visa at the German Embassy there.

Depending on your history, there could be a way for you to avoid this and legalize your stay, so I recommend you to contact a lawyer.

I hope this helps, don't hesitate to add a comment if you need additional information!

All the best,

Safia

answered May 6 by Safia Advocate
edited May 6 by Safia Advocate
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