1.I have made a vaterschaft
2. I stay with my girlfriend and daughter at the same house and address
3. I have duldung since last year June and I am renewing it monthly.
4. I recently lost my job when I was on sick leave because of the operation I did but then I am okay.
5. I tried to **** for a job but Ausladerbehörd did not approve the work permit
6. My passport is with Auslanderbehòrde
7. The lawyer has twice asked the Auslanderbehörde to give me a humanitarian resident permit on the grounds on family reunion number 25 and he has asked them not to deport me before the bescheid for family reunion resident permit
7. I am currently receiving money from AgeturfürArbeit
8. I have Ausbildung as Autolackira from Nigeria and I have a certificate . I worked as an Autolackira here in Germany
9. I went to language school but I do not have any certificate
asked Jan 19, 2020 in Legal advice by Isa2020 | 2,234 views

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1 Answer

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Hope you doing great and fine.do you have
1.Your Child birth certificate with your name?
2.Do you have sorgerecht and are you registered the same house with your daughter?
3.Does your child hold residence permit?
4.How long have you been in Germany holding Duldung?

When your child is having Aufenthalt erlaubnis,you have your  child birth Certificate with your name and sorgerecht then Auslander Behorde cant be able to deport you in legal fact and law.
For you to get residence permit 25(5) your suspension must have been suspended for 18 months for reasons that cannot be removed in foreseeable future.
In your case is that you raising a child in German and you must provide sorgerecht to proof that
answered Jan 19, 2020 by Pan 123
Hello, thank you for the answer.
1. My daughter is using my surname and my name is on her birth certificate
2. My fiancee, my daughter and I we stay together and we have registered the same address with bürgerburo
3. I have been living in Germany for 4 years 7 months, I have been having duldung for 7 months now.
4.my fiancee and my daughter have resident permit number 31
5. We have made vaterschaft and sorgerecht at jungesamt
I think for you to qualify for 25(5)  you must have be having duldung for continuous 18 months and deportation is impossible in facts and law in your case its the sorgerecht

 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. Fault on the part of the foreigner shall apply in particular if he furnishes false information, deceives the authorities with regard to his identity or nationality or fails to meet reasonable demands to eliminate the obstacles to departure
If your child doesn´t have the German nationality you cant claim for a residence permit. But your Lawyer can contact Ausländerbehörde and ask for an Ermessensduldung because of your right to be with your child and atleast you have the Sorgerecht for him.
Then after holding Duldung for 18 months you can apply for a residence permit under §25 (5) AufenthG, which says that your deportation is not possible if there are legal facts which make a deportation impossible - in your case your Vaterschaft,birth certicate and Sorgerecht. But you are not entitled to get a residence permit, but this is a a way to get one.
Thank you very much for the help.. I will contact my lawyer to map a way forward..
@pan 123, please what about someone who is married to a German lady and they have kids together but, the Ausländerbehörde is asking him to go back to his home country and come back with family reunion visa since 2017 but, his refusing bcos its not safe for him. He currently has Duldung. And now he has court date for hearing. What do u think? He is my blood cousin nd he lives in Bayern.
Please after the 18 months, do I have to submit Lohnabrechnungen, I hve just been going to school, I hve not been able to work because my child is under 3yrs
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