Will auslanderbehorde give my child and I a resident permit

Question

My child was born with hole in the heart and he had a problem with his lungs too.He got operated with the heart defect and through all that I was in my asylum process so auslanderbehorde got all letters from the doctors about my child’s condition but they still didn’t give me documents and they give me three months Duldung for my child and I.My boyfriend didn’t wanted to sign the Vaterschaft because he want that they send me back to my country.So I got a lawyer who make us DNA test and the DNA test proved that he’s the father so I sent it to the auslanderbehorde and they said ok but now they need the birth certificate with the fathers name on it.So I contacted the standearmt and they ask all the details about me and my son but I still haven’t heard from for over 2 months now and when I wrote them an email I haven’t get a reply back.So now what should I do?Also my son’s father haven’t done the Vaterschaft and when my lawyer wrote him asking about what documents he has,he didn’t reply back but I know he has ausfthentitel because he had a child with a German woman.But now the auslanderbehorde has my passport and I have three months Duldung with my child and they ask me to bring my son’s passport too.I’m in the process of making my son’s passport.I have a Termin there in March.Will I get document to stay in germany or will they send me back to my country?And please is there a way to force the father of my son to do the Vaterschaft?

Answer 1

Hallo
Am sorry for your what you going through and hope your Child will get better soon.
As the court decided its difficult to get residence Permit through A Foreigner holding permit unless the relationship or the child can only grow up in Germany due to hardship.
Once you get Vaterschaft and Sorgerecht it will be difficult in fact and law to deport you and the child.
If your deportation has been suspended for 18 months you can apply for residence permit 25(5) A foreigner who is enforceably required to leave the federal territory may be granted a temporary residence permit if his departure is impossible in fact or in law and the obstacle to deportation is not likely to be removed in the foreseeable future. The temporary residence permit should be issued if deportation has been suspended for 18 months.
A temporary residence permit may only be granted if the foreigner is prevented from leaving the federal territory through no fault of his own .

Also 2nd option will be residence permit 36(2) since the father of the child is having Aufenthalt erlaubnis and raising a German child.
But you should be to show that if you are deported the child will face extra ordinary hardship like wont get treatment in your home country or wont be able see the father.
I think you can qualify for residence 25(5) or 36(2) once you get the child passport,birth certificate,sorgerecht and vaterschaft.
I think its better you get a Lawyer or visit refugee ctr for consultation

Comments

But the court said that he is the father of the child because the DNA proves that.Meaning I can get deported at anytime even though the courts says he’s the father?

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No you cant be deported as the paternity is still going on and your child is still getting medication.
Your Lawyer need to apply for suspension of deportation untill everything is finalised

My friend had a child in Germany  and his deportation was suspended for 18 months.
After he received residence 25(5)