Can I get a residence permit as a father of a (unborn) German child?

Question

My german gf is 6 months pregnant for me ,  I am illegal in Germany because my asylum has finished and I am hiding from authority from deportation. I am lIving with my German gf for 7 months now . My question,  how can I get resident permit from my german child after she put to birth next year. Is it possible I can get stay from my unborn german child while been illegal?

Comments

Better you wait till the child is born , take a DNA proof to your lawyer, your lawyer contact notre or Jugendamt then the process is easier. That's if you are truly the biological father. Don't declare paternity when the child is not yet born because they will deport you since your asylum is rejected. If your woman live in NRW,I can refer you to a good lawyer who can handle your case. Cheers!

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Donmorris yeah my woman live in Rheine in  NRW. Can I have your email or anything so I can contact you and get the lawyer that can handle my case.  Thanks

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Donmorris  or if you can drop the lawyer details here or link to his website so I can get his phone number . Thanks

Answer 1

Hallo David123,

I've seen your question and I've even started to write an answer but my computer closed and everything disappeared. I have no more time now but I try to do it in the next time, perhaps tomorrow.

Comments

Alla_fka pls I need your reply thanks

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Please you promise to give me reply today . I am waiting thanks

Answer 2

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.
Please try to contact a good lawyer.Thanks

Comments

Ebhohimenjoe.je@gmail.***

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@Alla_fka what do you mean if they give me resident permit because I was illegal as a small evil? ..I have applied for the permit about 2 months and 2 weeks ago, still waiting for their reply . This is what you wrote (You can get a money penalty as a punishment for breaking the law through your illegality. But it would be a small evil if you still have a right to stay)

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Hallo,
I meant that your most important aim is to stay in Germany and get a residence permit. Compared to that the need to pay a money penalty for staying illegal would be naturally "a small evil", you can always ask for a permission to pay in installments (Ratenzahlung), if the amount is high. It is worse, if the Ausländerbehörde decided to reject your application for a residence permit because of your criminal case or because you haven't done a proper visum procedure, or both. In this case you need a new consulting depending on their arguments and perhaps a lawyer. Only online advice won't be enough.
We will hope for the best. I wish you luck!

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@Alla_fka so before they will grant me permit, i must pay a penalty? If no penalty that means they will reject my application? But stadtanwaltschaft have cancel my illegality when ausländerbehorde reported me Grenze policei... The policei sent me letter to fill, why didn't I renew my old duldung Ausweis, how I get money to eat for one year of Staying illegal, I have Nigeria passport but I lied that I didn't have when I came to Germany new, and more question. I answered all and my lawyer sent it to them with a letter attach.. This was 5 months ago. So later on, Stadtanwaltschaft sent me a post that they cancel my illegality... Now that I apply for permit because of my German child, you mean ausländerbehörde will still ask me to pay penalty because of my illegality before they will grant me permit? Secondly you said if they reject it because of my crime, I want to know what crime? My illegal stay is the only crime I have committed.... So why will they reject it?

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@Alla_fka Pls reply me..

Answer 3

Dear David123,

I told you many times that a very exact assessment can only be made by your lawyer or by an experienced consultant who really works with you personally and knows your situation in detail, which includes necessarily reading of all official letters you get from Ausländerbehörde, BAMF etc. I don't quite understand what you mean by "cancelling your illegality" - probably that the investigating procedure was stopped ("eingestellt") by the Staatsanwaltschaft.

If you haven't got any letter with a claim for penalty until now and the Staatsanwaltschaft has informed you about stopping the investigation procedure for a case of your illegal staying, you mustn't worry about that. And if you didn't have other criminal cases, the criminal story can't be a reason for a rejection.

The Ausländerbehörde can bring the argument that you came to Germany without a proper visum as a reason for a rejection, even if the Staatsanwaltschaft didn't give you any penalty. These are different things. The Staatsanwaltschaft has to do with the criminal law and the Ausländerbehörde with the Alien law, which generally claims for a proper visum procedure and a passport for issuing a residence permit. In your case the exclusion can be done (and is often the case), because of the interest of the child. Only there is no guarantee.

Please ask your lawyer or a councelling center to explain your situation, because I can only explain how the things work generally.

Comments

@Alla_fka yeah the letter they sent to me is that the investigating procedure was stopped.. No penalty has been issue to me ever since... But the ausländerbehorde have discuss about my file last week Friday, I know about it because my woman called them last week so they told her they will discuss about my file last week Friday... But I don't know why they still delaying for the decision since they have discussed about it last week Friday.. And my duldung will expire next week Monday, though my woman called them about it, they told my woman that I should put the Ausweis duldung in their post, she told my woman that, You first have to submit the Duldung, then you will either receive an extended Duldung or your lawyer will be informed. The colleague takes over.... Though I don't understand her.. She never tell us the decision and they have already decided it last week Friday... I called my lawyer he said let wait till next week and see....

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I think you can just wait, keep calm as far as possible and stay in contact with your lawyer. If the Ausländerbehörde gives you a rejection (which I hope they won't), you still have the possibility of a Widerspruch and/or an appeal to the court. The ABH is often obliged to ask the Regierungspräsidium in such cases and don't decides alone (at least in our area it can be the case).
I didn't understand if you presented them the passport now. If not, they can't normally issue a residence permit. But I presume it must be ok, or your lawyer would have discussed it with you.

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@Alla_fka they have my passport for 4 months now but my passport will expire this December

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@Alla_fka since they have my passport already and it will expire by December, is it possible they will still give him permit? Or they might ask me to renew the passport first?

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@Alla_fka reply Pls?

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Certainly, it is possible that the Ausländerbehörde insists on renewing the passport, it is practically a necessity for them because having a valid passport (fulfilling a passport duty) is a condition for issuing a residence permit, after §5 in connection with §3 Alien Law.

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But they can give you a written confirmation that you will have your permit after providing a valid passport.

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@Alla_fka thanks.. I am still waiting for their reply.. Thanks once more

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David can I have your WhatsApp number? I'm in similar situation. I from Nigeria but live in NRW