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I have literally been rejected twice by bamf in Germany and I have been issued one month duldung but now I have a child with a Germany lady about to sign the vaterschaft and the 50/50 so will it be wise of me if I handle over my passport and the other documents to them? What are the risks
asked Apr 9 in Legal advice by Blessings
@obumkelly am a man, the issue is I do not leave with the lady and am not working at the moment to take care of the child because of the duldung
@Blessings, it doesn't matter as long as the lady is ready to give you the right.. what city are you in Germany? Bcos, sometimes it depends on the city.
Munich,but because of the duldung am scared because I was asked to provide my passport before but I said I can't
Have you taken a lawyer? Use a lawyer.

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2 Answers

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Congratulations in adding to your family.. mein bruder , it's not risking to handover your passport to them as long as you already have the RIGHT to your child..you can also contact a legal advise e.g( a lawyer).
answered Apr 10 by Obumkelly79
edited Apr 10 by Obumkelly79
0 votes

Dear Blessings,

Thank you for your question, and welcome to the Wefugees Community!

With the Vaterschaftsanerkennung and the Sorgerecht for your child, you should be able to stay in Germany. @Nilab answered a similar question a few months ago. Have a look at it to learn more about the process to get the Vaterschaftsanerkennung, Sorgerecht and apply for a Aufenthaltserlaubnis.

Since your asylum claim has been rejected, the Ausländerbehörde might investigate to make sure you don't pretend to be the father in order to stay in Germany (§85a AufenthG). They might ask for a DNA test, for example. The process until you receive your Aufenthaltserlaubnis, which is already quite long, could take even longer. However, according to §60a Abs 2 Satz.13 AufenthG, you have the right to have your Duldung extended for the entire time of the procedure, which will protect you against deportation.

I highly recommend you to get legal support in order to make sure your rights are respected. In Munich, you can go to the Rechtshilfe für AusländerInnen every Tuedsay at 17:30. They have lawyers counselling persons for free.

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

All the best,

Safia

answered Apr 13 by Safia Advocate
Thanks for the reply! Another question during the time they would investigate everything is it my duldung that will be prolonged or would I be issued a normal ausweis and would I be able to work in the process
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