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Good morning team Wefugees

I have a  satiution that my wife is about to apply for separation with me and divorce my current status I'm a father of almost 7 months old boy my boy boy born 28 may 2019 and got German nationality by birth my wife is from Poland and I'm from Pakistan I have got my resident permit with my wife 5Abs. 1 freizügG/eu she is European citizen and my kid have German nationality now when my wife go lawyer and apply for separation and divorce what will happen to my current legal status what I'm suppose to do to do ? So I have to alone contact immagration office and talk about this or do I have to have lawyer and how can I take resident permit to stay in German for my child my son born inside our marriage and when my apply separation and divorce I will be allowed to work or no because without work I will be not able to support my self and I don't have no idea what excately I must do ? I'm legal now have two works a full time and a mini job I support family every month when my wife apply separation my status in German finish did German immagration will ask me to leave country or what it will be next plus I'm already 1 year legal in German and 1 year married with my wife any answer will be very help full many thanks

Best regards
asked Nov 23 in Legal advice by Musawvir

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2 Answers

0 votes
Hallo,

your staying in Germany as a husband of a EU-citizen is regulated by the German law which is called Freizügigkeitsgesetz-EU. After §3.5 Nr. 2 or 4, you can keep your residence permit in case of separation and divorce, if you agree with your wife that you as a father will keep your right of a child custody in future (Number 2) or at least that you will have right of contact to the child. Additionally there is a condition that you work and pay your living costs.

Through a marriage it is possible to stay if you were married for 3 years, min. 1 year of them in Germany, before officiale applying for divorce. So it is not your variant, but it mustn't be a problem.

Except of this, on the basis of Aufenthaltsgesetz (Residence Act) you have right to stay in Germany as a father of a German child (§28.1.1.3). But I think that in your case the fist option can play a greater role.

Anyway I don't think that you are in danger to be obliged to leave Germany as long as you care for your child and the child lives here.

But I strongly recommend you to consult a good councelling center for migrants. Take a lawyer if the Ausländerbehörde makes you problems.
answered Nov 23 by Alla_fka
0 votes
Thanks alot for such hand full informations

I have already 1 year resident permit and I work 2 jobs and I can pay for my kid and I will offcousree meet my kid and I will continue that for life do I have to take a lawyer or first I must contact auslanderbehode ? Can I do that dircet with auslanderbehode ? And how much do I have to pay for my son monthly plus when and how I can meet my son ? And do I need any papers from jungeamt or any other thing ? What paper I will need my son born in marriage mother and me go together to take his birth certificate I have my name on it so do I need to apply for custody or some another papers or I don't need as I'm married to my son mother and he born when we are already married and now he is 7 months almost .

Best regards and very appreciated your help
answered Nov 23 by Musawvir
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