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I am Mixed but German , my bf Stays With me but his asylum  has finished  for long . He Stay With me as illegal. I am about 9 month pregnant for him. How can i make him to Stay if we both claim equal right to our Baby. Please we Need help and advice and a Good Lawyer around Rheine . Thanks
asked Jan 23 in Legal advice by Angelika
retagged Feb 3

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3 Answers

0 votes
Hallo
The 1st Step will be to do the Vaterschaft.
Once the child is born and he/he receives German passport your Boyfriend can apply for Resident Permit 28(3).

But since he is illegal in Germany the Ausländer Behörde will Report him and the prosecutor might Take Action against him.

My best advice will be for you get a Lawyer  since they might deny him the Vaterschaft and birth certificate or might it hard to get them
answered Jan 24 by Pan 123
@Pan 123, so what  can we do so my Boyfriend can have his Stay in Germany throuh our Baby without much Stress from Ausländerbehörde?
Hallo
The 1st Thing is Thing is to get a Lawyer for him/her to apply for your Boyfriend a duldung as he finalise the paternity.

Standesamt or Jugendamt wont issue the Vaterschaft unless he get cleared from the Ausländer Behörde since he is in the Country illegally.

The Ausländer Behörde will Report him and chances he will be fined since he is illegal in the Country.

The best Thing is to Engage a Lawyer as it will be complicated because of his status
@Pan 123 , we will do as you said. I Hope we can find lawyer that will help us in this.
0 votes
Once the baby is born and registered at the Standesamt, he must report himself at the Ausländerbehörde. With the paternity acknowledgement and the custody right of the child, he can ask to go home willingly, therefore ask for a pre-approval (Vorabzustimmung) and the "Grenzüberttritsbescheinigung".
Take all the documents and apply at the German representation in his home country.
Bear in mind that will require much time (processing time)... Depending on his nationality there might be a document review as to establish his identity ( most of the time till 8 months ) prior processing his visa application and for that he will need to exercise patiente.
Once everything sorted that German representation in his home country ... He will be cleared to come back ( family reunion visa).
It is the the right way, it is the best way.
Talk to a lawyer, he might bring much more light on this.
Good luck...
answered Feb 2 by Ngomon_X
@Ngomon_X you mean the Notary office can do it even though I am ilegal? Will they accept my passport and birth certificate or I should go with the expired duldung ?
@Ngomon_X and how much do you think they will charge me ? Thanks
@Ngomon_X and you know that I am illegal, is there not going to be an address in the vaterschaft if I do it with the Notary?
@Ngomon_X also if they want to do vaterschaft, won't they ask for my address in Germany? And in my passport , no visa stamp
@Ngomon_X bro we try one Notar with my Nigeria passport but they say my Passport is not enough that they need a valid ausweis from Germany be it duldung or any Ausweis that have my address . What should I do now ?
0 votes
Hallo Angelika,
 
I wish to know which state or area are you and your boyfriend staying because I know a perfect lawyer who has work on the same cases like your boyfriend and now,  they all have their resident permits in Germany.  The lawyer is german but married to an African woman so he really understands all this situations and very hardworking. Thanks
answered Feb 2 by Denny28
@Denny28, i live in Rheine . So you mean there is Hope for my bf without him going back to his home Country before he can get Stay? I dont want him to go back to his home Country. Please the Person you know have similar Problem like Mine? Illegal ?
@Denny28 please I live in Rheine also with my girlfriend. Can I also have the lawyer contact and does that mean I don't need to go back to my home country ? Can the lawyer work it out ? Thanks
Hello Angelika, the lawyer is in Hamburg but I can see it seems to be very far . The person I know had the same similar situation like your boyfriend own. He's even working now in Amazon. The problem is you're very far because the lawyer follows his clients to any office they are going throughout the whole process to make sure everything is ok for his clients without them having problems .
@Denny28 the guy have stay now in Germany? So you mean it's possible they can fight it and win it?
@David123, it's very very possible because I am talking out of being eye witness of similar cases in Hamburg here. And as we are speaking now , there's a woman who's husband too is in the same situation and the same lawyer is working for him too.
@Denny28 okay thanks Bro. You and @Obumkelly79 God bless you both. I will win win win and win . I am more confident now . God bless
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