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, 2020 in Legal advice by Angelika | 5,670 views

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3 Answers

0 votes
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, 2020 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?
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, 2020 by Ngomon_X
@The_Melingal if he is ask to go back home and come back with family reunion visa, what if he don't have money for the visa in his home country , don't you think that might prevent him for coming back? Since the man is illegal for that long that means he don't have any money and he hasn't worked before so going back home to his home country will be a bad idea. He should fight in court with a lawyer if they ask him to go back home. Or will Germany pay for his visa? For me I have similar problem, I am also illegal and my german gf is pregnant for me . I won't go back home if they ask me to. I will try to fight them in cour with a lawyer
@The_Melingal , also for me, I don't have money for visa because I have never work in Germany and since I have been illegal, I still never work . So how will I see money to get visa if I have to go back to my country and in my country no work and poverty is really in that nigeria. My german woman don't work and she have other small children she is attending to. She don't have money for visa for me for example. I am only saying this because of @Angelika, trying to see reasons why her boyfriend have to go back to his home country and come back with family reunion visa . What if angelika and her boyfriend don't have money for the visa for him to come back ? Will the Germany pay for the visa? If Not, then he have to stay in germany and fight them in court so he don't have to go back to his home country
@The_Melingal, I have Never Experience this before and i do Not have Money for all the Process like Visa or others. Even my Boyfriend dont have Money. What Else can we do to make him Stay here without him going back to his home Country? What @David said by fighting in court if he is told to go back to his Country, will the court favour my Boyfriend With a Lawyer?
@David123 I completely understand your frustration but let's face the reality here: You are illegal in Germany. Go fight in any court if you must, the only result you will have is a waste of your time, much more stress, debts, NO "Aufenthaltstitelerlaubnis" and before you know, you will get DEPORTED, even in a case of a legitimate claim ( which in this case is the fact you are the parent of an underaged German child). The visa fee for the family reunification to your German child is 00,00 EUR at the German embassy of Lagos Nigeria for the simple reason that your child is German. However, you will liable for the costs of your identity verification process ( Which in this case for Nigeria is about N150,000). @Angelika You guys have 2 choices: - Stay in Germany and spend your whole time in court proceedings which will lead you to no conclusions but restrictive Duldung (for those with uncleared identity) and the end get deported. - Go willingly back home, with a pre-approval from the immigration office and apply at the German representation in your home country without stress and wait for your German national visa. There is no other way. Good luck...
@Ngomon_x you mean that there is no hope to get stay here through my German child without going back to my home country ? What about the flight ticket? Will I pay for it too? Since the visa is free.
@Ngomon_X reply me thanks

@David123 I would love to tell you yes, there is hope! Unfortunately, it would be a big LIE! But if you do not believe a word of what I say, you are more than welcome to try with the court proceedings. Good luck...

@Ngomon_X but what about the flight ticket to come back ? Since the visa is free and how long will it take me to come back?
You have to take care of it yourself.
As I mentioned above, since you are a Nigerian Citizen you will also have to submit along with visa application, the Document review application for which you will bear the cost ( around N150,000). Document review is only to establish your identity ( something Germans are extremely regardant into) and the process can go up to 8 months. there is the link for further info: https://nigeria.diplo.de/blob/1586144/6cc03b37c095121647c8341f43b9bb27/checklist-joining-german-child-data.pdf
It is highly advisable to request a pre-approval ( Vorabzustimmung) from the immigration office. this will help speed up your visa application at the German representation in Nigeria.
Before you go report yourself to the immigration office, please make sure to have:
- The Paternity acknowledgment for your child
- The custody rights of your child
- A birth Registration of your child
- The passport of the child
- The DNA test results ( it is not mandatory but will turn at your advantage).
- A lawyer ( he can help you fight your case back in Germany should any delay occur)

Well, as I said it not an easy road to go down to but rest assured the reward will be even more sweetened as I can assure you, you will definitely come back with more advantages.
Talk to your lawyer for more insights.  
Best of luck...
@Obumkelly79 Thanks for your remarks and insults, it is really appreciated. Unfortunately for you, I am neither a God, hopeless, heartless nor a worker-related to the immigration office. There is absolutely no stupidity or risk for him to go home and apply for a family reunion visa as he won't be banned from re-entry and ban for residency. The law regarding 28 Abs 1 S.1 1 Nr.3 has since then evolved and the German authorities are making it even harder to apply (the more you give them reasons not to recover the visa procedure the harder they would even listen to you). I am nothing but straight forward and truthful. @David123 I never said he will be easy but it is the secure way for you and your family. You are more than welcome to take my writings and bring it to a lawyer, he will bring more light into your matter. Best of luck...
He dnt have to go back, there are lawyers in the area of Münster they can help.. I will post their numbers if you are interested.. dnt ever listen to those who are saying you should go back because there's no hope in coming back from Nigeria..
@Isa2020 Please Post it. Thanks
It is okay. I give only my advise, not from what I think ... Or from allegations. 2 Friends of mine living in München and Schweinfurt were in the same situation as @David123. Both went back home, recovered their visa procedure and flew back to their family. The one in München from Nigeria made 5 months and the other one from Cameroon made 3 months. Well, as I said and I meant it. I wish him best of Luck.
Do you really think they do care about the risks he took to come in Europe or the fact he is without a cent or without family back home? They are the pure definition of heartless people. The Ausländerbehörde will stress the hell out of him until he breaks because this is how they were trained for... This year, they even came up a new clause for Duldung's holder without identity which allows people to do absolutely NOTHING. Even if he stays in DE with it for ten years it will reflect just as day one. We can agree on one thing, every case is different. That's why there are many ideas which might lead to an eventual solution. Question is, which one is effective ? #Irestmycase
With the marriage option things are... Well, really Risky.

- they will never give you a pre-approval for your application back in your Homeland
- they will in anyway fight the purpose of marriage. Which means even from your perfect intentions (Love ...) for the marriage, to them it simply means you were in the quest of looking a reason to stay in DE.
I will not advise someone go home recover the visa procedure because there will be nothing to recover in reality. They will simply say " they have high reason to THINK that the marriage was for a stay permission" another word "Scheinehe" and the application will be rejected by all means.

But with the option of parent of an underaged German child, there are no requirement as standard living income ... Health insurance ... And so on. The only thing they want to check as for sure is your identity. And if you are really who you say you are. The visa will be issued in no time.
@Ngomon_X , the two people that you know, their women live in Bayern also?
@David123 Indeed they are
@Ngomon_X okay which document will i take from ausländerbörde so I can come fast without much stress? but my woman live in another state and we take lawyer in her State today . The lawyer write to ausländerbörde in Bayern( my former city) and my woman city ausländerbörde. He write to them that my woman is pregnant and they should renew my duldung ausweis. He send them my woman mother pass , some detail about me to them. He also write that I want to live with my woman in her city . He did all today and he sent to my woman email all he sent to both ausländerbörde in Bayern and Nordrhein west . Is it possible Bayern will forward my file to this State? My lawyer didn't say anything negative . But he only day sometimes Bayern is komisch lol
@Ngomon_X reply me
Good day @ David123,

I have some problem understanding your case... First of are you a "Asyl Bewerber" ?
Anyways, you should wait the reply from the immigration office first.
There is nothing negative to say because you haven't heard until yet what the immigration office said about your case.
I really don't know about the transfer .... Let's wait what they say first.

The documents you need to have should you intend to go home are:
- Grenzüberttritsbescheinigung ( that you will have to give at the Bundespolizei at the airport so that you won't be ban re-entry and ban residency back in DE)
- Vorabzustimmung ( pre-approval of your visa application).
German representation outside of Germany do not decide (unless there is a problem with your identity verification) about long stay visa. This is the Ausländerbehörde of the city where you intend to live job. Therefore you should through your lawyer request to have one, should you intend to go home... It will really help you.
Bear in mind, you are not entitled to have one Vorabzustimmung. The immigration office reserves the right to issue it or not. Therefore you must convince them to issue one.

Hope I have helped you and wish you best of luck.
@Ngomon_X thanks . I am hoping to hear something good and I believe in God. In anyway I will be favour because God that started it will not let me be stranded in this case. It's not my fault to be illegal . Asylum in Germany is very hard and how are wish I didn't go hiding i would have been deported . Anyway God know why she bring my woman to me because not all white women will help or stick by you when you have this problem that means it's God that bring her in my life. I have this deportation problem when I met her . I have faith and believe. Anyway they want it , I will still get that document. Thanks once again
@Ngomon_X Ever since my lawyer wrote to the two ausländerbehorde, they haven't reply him . My lawyer told me to try to do the vaterschaft with my expired duldung ausweis, me and my woman tried it but they refuse to do the vaterschaft . My woman has already given birth which is on Sunday . We went to do the vaterschaft but they refuse because of my expired duldung ausweis. We went to my woman ausländerbehorde to try to get anything to do it but they refuse since I am illegal and I have no anmeldung in this State . They say I should go back to my State which is Bayern and do it but I don't think it's possible if I go back , won't they deport me. I will like to know if I can do the vaterschaft with my Nigeria passport and birth certificate or any other means in which I can do it ? The lawyer I am using now is not doing anything , he hardly pick calls and he was the one that told me to go use my old duldung ausweis if they might agree but they didn't , now he said I should try to use my Nigeria passport to see if they will accept it. Are you sure this lawyer is not good at his work? Or can I do the vaterschaft with my country passport and birth certificate? Tell me what to do because I know you know alot about this case . Thanks . Waiting for your reply
Hey @David123, Well, in this case... try the notary office. It will cost you money of course but at least it will be done
@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 ?
Hello bro
How are you doing and how is your baby and mama
Please do you mind if I contact you on whatsap please  here is my number +49 1577 5613259
I will be glad to get a chat with anyone who is willing to help on a little similar issue please anyone in the comment section please you can chat me on whatsap +49 1577 5613259
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, 2020 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
Hello danny good evening please can you recommend me the lawyer mail or give me a connection to reach him? i will need help i have just a similar situation please..
Hi Arreyboy@ i wish to know which town or state in Germany  are you staying.
I live in Karlsruhe
@Denny28 Please I am in a similar situation and I stay in Hamburg. Can I have the contact detail of the lawyer? Thanks.
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