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Hello everyone I am student in Germany from Bangladesh and I have new born baby with my German girlfriend and I am living in Germany since 6 years and I have already applied for Vaterschaft 2.can I get permanent residency on the behalf of my kid and I am still studying I have student visa and how I can change my visa status in Ausländerbehorde
asked Nov 4 in Legal advice by Eriks81
Plz can someone answer my question?
Yup I am student and I have legal student status and I am really serious about the care of my child .

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1 Answer

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Dear @Eriks81,

thank you for sharing your question with the Wefugees Community!


Yes, if you have a German child, it is possible for you to get a residence permit. It is a so called "Aufenthaltserlaubnis zur Personensorge" and basically means that you receive the permit to take care of your child.

For the residence permit you apply at the Ausländerbehörde. If the permit was successfully granted they will then also change your status from your student visa.


Please note that there are some prerequisites for the residence permit. Most important is the "Vaterschaftsanerkennung" and a so called "Sorgerechtserklärung" - it means that you and the mother of the child both agree to take care of the child together. The both of you need to see the Youth Welfare Office (Jugendamt) or even better a notary and give your statement. If you don´t live together with your child you also have to prove that you have been taking actual care of your child and want to continue to do so.

Please check out the following link for the rest of the prerequisites. Also keep in mind the additional information provided in the comments:

https://www.wefugees.de/102216/can-i-stay-in-germany-if-i-have-a-child-with-a-german-woman?show=203324#a203324


I hope this answer was helpful for you. Please don´t hesitate getting back to the Wefugee Community if you have further questions!

All the best

Melina

Note: Please keep in mind that we can´t provide qualified legal advice via the internet and that any information given can´t replace such legal advice.

answered Nov 7 by InfoVerbund
Thank you very much for the answer. I have one more question that is there any chance that the Ausländerbehörde to refuse my application if I have Vaterschaftserkennung or Sorgerecht .
Yes, it is possible that the Ausländerbehörde refuses to grant you the resident permit. As stated above this can happen if

1) the Ausländerbehörde doesn´t believe you that you really want to take care of your child in person

or

2) if you don´t fulfill the rest of the prerequisites (f. e. you can´t bring a passport).

But if this is not the case it is very likely that they will give you the residence permit. However, if you are scared that there are reasons why the Ausländerbehörde wouldn´t give you the permit or if the Ausländerbehörde is causing you problems, it is never a bad idea to see a lawyer to really be sure.
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