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

Deprince why must I go back to my home country first and come back with a visa when my child is german ?

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Morever,my city is in bayern but my woman live in another state in germany and I am living with her illegally for now . can I get stay in her State when she put to birth ?

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Try to get a lawyer to apply for a resident permit to care for your child,he will first work the transfer to your woman city then apply for resident there,maybe the city she stays law is different from Bayern.which city are you living in Bayern.

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Hallo,
I see that you’ve already had an answer. It ist the answer, which I gave to another person before, but in your case you must be more careful because of your illegal situation.  You have a chance to stay but it is not risk-free.
It is not fully prohibited by the law to deport you even if you have a German child, especially if you`ve broken the law in some way, and living in Germany illegaly is a kind of breaking the law for foreigners (Residence Act). The Ausländerbehörde must make a decision and weight what is more important: to deport a person who is rejected with his asylum and illegal or to let him stay on humanitarian reasons, primarily the child’s well-being.
You need the acknowledgement of paternity and that means normally that you must stop to be illegal, as you have to go to Jugendamt and identify yourself. Probably they will inform the Ausländerbehörde because in a case like yours the law demands not to issue the documents at once but first to check if it is an abuse (are you really a father and don’t do it only because of the residence permit). The Ausländerbehörde  will make the checking procedure and only in case of a positive decision the Jugendamt can give you the documents about paternity / custody.  It is not a problem if it is your child, because you can prove it with DNA-Test, in this case the Ausländerbehörde can’t ban issuing the documents any longer. For the time of this checking procedure they have to give you a Duldung, so you must apply for it.
It is important that you live with the mother, because it is a proof of your serious relation and your intention to live with the child.
You normally can stay with her if you don’t make a new asylum application, because your case will be proceded by the local Ausländerbehörde. If you try to make a new asylum application (Folgeantrag) to secure your staying in Germany for some time (which you need to do the documents, for example), you will be sent to Bayern and have to stay in the camp, which, in my opinion, is not a good option.
Because of the risk it is perhaps better to start the procedure shortly before the child is going to be born. The doctor of your gf can perhaps give you a letter about her condition, the importance of your help and the danger of a stress if the father of the child will be deported.
After the child is born and you have paternity documents, you can apply for a residence permit as it was described in the previous answer.
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.

You must understand that it is not possible to evaluate your situation fully and to give you the best advice online. You really need good personal consulting, in best case a good lawyer for migration law. There are many aspects to check (for example a kind of your asylum rejection etc.) But even more important ist hat you have professional help in each step of the procedure.

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Deprince I was living in bad tölz  before  I become illegal and started staying with my German girlfriend

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Alla_fka thanks for your reply , I don't want to go back to Bayern. I am lIving with my girlfriend. Is it a good idea to start the procedure from January?  because she will put to birth by February. I am afraid to give them my nigeria passport in regard to the child to get vaterschaft and sorgeret because of deportation. What can I do

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Dear David can you write me on my email.

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Deprince I don't have your email , can I have it so I  can write you there ?