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Dear wefugees, thank you for the good work. Please I have a question which needs very urgent answers.

Please  a friend of mine has giving birth to a baby boy but she's still in asylum process in Germany here but the father of the child has five years Italian resident permit with UN refugee passport. The father of the child has no stay in Germany, but after the birth of the baby, he came to do vaterschaft  and the child is using his father surname . The father of the child didn't  seek asylum in Germany But my questions are:

1) Will the baby get Germany resident permit?
2) if yes , which passport will they give the baby?
asked Jul 18 in Legal advice by Denny28
edited Jul 23 by Denny28

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1 Answer

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Dear @Denny28

Thank you for reaching out to the Wefugee Community! 

If a child is born in Germany and the parents are third-country nationals not yet living in Germany for the required period (8 years and an unlimited residence permit at time of birth), the child will get the nationality of the mother, or, if the parents are married or the father recognized paternity, the nationality of both parents (in case the parents have different ones). However, the regulations of the respective countries of nationalities also need to be considered. 

As far as I know, if the father of the child is a recognized refugee, the child can also apply for international protection for family members (according to § 26 Absatz 2 AsylG). The child might also be able to get a residence permit according to §33 German residence law (AufenthG) as a child of a recognized refugee. 

Its mother might apply for a residence permit relating to the child's residence permit then (§ 36 Absatz 2 AufenthG or § 25 Absatz 5 AufenthG). 

However, I also want to mention that I am not a lawyer and do not exactly know about the conditions, if the father is a refugee in another EU Country. Therefore, I would recommend to seek some legal advice, for example, in a migration counselling centre. 

I hope this helps and all the best, 

Meike

answered Aug 2 by Meike
Thank you very much Meike for your answer but the question is, the father of the child has been granted refugee status in Italy but not in Germany and the mother of the child is still asylum seeker in Germany, can the child get resident permit in Germany due to the father has refugee status in Italy? The father has come to Germany for vaterschaft and the necessary papers.  We wish to know if the child will be granted residence permit in Germany
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