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Hallo i am Anthony from Nigeria i have Duldung and i have Germany girlfriend and she is pregnant for 8 months so my question is if my girlfriend bron can i get permit to stay in Germany  thx
asked Oct 29, 2019 in Legal advice by Tonye

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2 Answers

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Hallo,

yes, you have a chance to stay in Germany as a father of a German child. First of all you must have an acknowledgement of paternity (Vaterschaftsanerkennung) und it is also very important to make a statement of child custody (Sorgeerklärung), if the mother agrees to that. The first you can make in Standesamt or Jugendamt, the second only in Jugendamt, therefore it is better to make an appointment in Jugendamt and make both documents there.

If you already possess these documents, you must give them your Ausländerbehörde together with the copy of Mutterpass (Mother book with the preliminary birth date) and inform them that you will be a father of a German child soon. It is especially necessary if you are in real danger of deportation.

As soon as the child is born, you give the proof to the Ausländerbehörde and you can apply for a residence permit (family reunion to a German child). The general rule for family reunion is through an application in the German embassy in your country but in case of a new born baby (especially a German baby) they can make an exclusion. The reason is that if you go abroad and the visum procedure takes much time, it is bad for developing of your relation to a child and for a child's well-being. How good your chance is, depends on your Ausländerbehörde, some Ausländerbehörden give a residence permit in this case without making problems and some insist on your leaving Germany and making a visum procedure. In this case you can make an objection (Widerspruch) against the negative decision (better with a lawyer) or you can ask the Ausländerbehörde to give you a written confirmation of their agreement to your family reunion (so called Vorabzustimmung). With this document you have a good chance to make a family reunion from abroad really quickly.

It is very important that you find a good councelling center for these questions in your place because in the online consultation it is not possible to evaluate your case individually, in every detail.
answered Oct 29, 2019 by Alla_fka
Thank you somuch for the answer
0 votes
Thank you somuch for the answer I M so happy to hear that. I have the Vaterschaftsanerkennung and Sorgeerklärung now but I am waiting for my girlfriend to deliver so I will do birth certificate. And another question is I don't leave together with her as for now because she is looking for an house so I hope is not problem when I will I apply for the visa thx.
answered Oct 29, 2019 by Tonye
I think it must not be a problem, if she wants to live with you, and it is important to mention it in your application for a residence permit (I think I meant this and not an application fir a vusum in the embassy of your country). It is essential that you will take care of the child.
@Tonye have they given you the resident permit? How is your case going? I also have a German baby and I apply for permit last month, I am waiting for the reply of ausländerbehorde.
@Alla-fka but it's not a must that the ausländerbehorde can tell someone that have a German child to go back and come back with family reunion visa right? I apply for permit last month because I have a German child though I am waiting for their reply in regard to the permit. Is it possible they can tell someone to go back to his home country like Nigeria and come back with family reunion visa when there is corona virus? Please I need your answer thanks
Hallo David123,
yes, it is possible that the Ausländerbehörde makes such a claim. They must anyway give you an official rejection with the reasons for that (Begründung) and give you time to proceed against it. Before they reject your appeal for a residence permit, they normally inform you about the intention to do it and give you a short time to bring your arguments. Here you can argument with the bad corona situation in Nigeria, with the difficulties in the consulate etc. You must then look for the last-time information how the German embassy in NGA is working in the moment, but you can naturally argue that it can close any time if the corona problem gets worse and that you can' leave your child in such a dangerous time, and that the medical help for you in NGA could be a problem if you get Corona there etc. If there are some problems with health of the mother or the child, you should give this argument with the attest from the doctor - although I naturally wish you not to have such an argument but to see them healthy. I would anyway tell them that your girlfriend would have fear to let you go to NGA in such difficult period and it is not good for her - and so on.
If they really reject, I would think of taking a good lawyer very quickly and perhaps making an urgent application to the court, not only a Widerspruch to the Ausländerbehörde. But you need a good personal advice, analysing your whole situation in detail, the comment online is not enough.
@Alla_fka thanks for your reply, but what makes them to reject someone that have a German child? I mean what requirements can one have so they won't tell him or her to go back to his or her home country and come back with visa?
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