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asked Jan 24 in Work by Charington 26
retagged Feb 21
Dear Charington,

Thanks for reaching out to the Wefugees community.

Could you please explain your issue a bit more or reformulate the question?
For me it is not clear yet.
You are a Duldung holder and have a child in Germany? Is the child German, EU-Citizen, or has another residence permit?
What exactly are you referring to with “free movement”?

Looking forward to to hear from you again.

All the best,

Meike
I have a child with my partner. She has a refugee status in germany and my son too has a refugee status. I have the vaterschaft and sorgerecht of my son. I have duldung for 8 months and I want to reunite with my son and family. I would want to know, how can I get the residence permit? I need an information and would they still deport me?
Dear Charington,

Thank you for your reply.

If you want to "reunite" (move to another city within Germany), you need to apply (a so-called Umverteilungsantrag) for it at the immigration office ("Ausländerbehörde") and explain your personal situation, that you want to take care of your child etc.
 
Getting a residence permit as a Duldung holder is a quite big topic, which needs to be assessed individually for every case. Many factors, as work, your country of origin, and many more can be relevant here.
I would recommend you to seek some personal consultation. You could, for example, make an appointment in a migration counselling office or contact one of the mbeon-experts via the App.

However, also always feel free to get back to us with any further questions.

All the best,

Meike
Yeah I get a positive answer for the reunion. Now I am trying to get the residence permit. Your explanation was right. But my question is why are they asking me to get a working contract before they can give me the residence permit?
Dear Charington,

There is no general answer on your question, as there are many types of residence permits and each of them has different requirements. What kind of residence permit are you referring to? More details on this will help us to explain the conditions.

All the best,

Meike
Refugee Status and the blue passport is the Resident permit my Spouse and Son is holding.

Dear Charington, 

Thank you for your response. 

As you were mentioning, that you are holding a Duldung, I assume you applied for asylum in the past already, right? 

The so-called blue passport is the passport for recognized refugees and the only way to get the residence permit according to para. 25 (2)/getting the blue passport subsequently, will be to apply for asylum at the BAMF. 

Therefore, there will be no option for you to get the same type of residence permit as your spouse, unless some big changes (i.e. regarding the political/security situation in your country of origin) occurred and you can explain/prove totally new and important reasons for your application at the BAMF. Please see the following thread for more details on the "Folgeantrag" (https://www.wefugees.de/804224/confused-with-this-issue?show=805540#a805540). 

Nevertheless, you might have the chance to apply for another type of residence permit. This should be assessed and discussed carefully and individually, i.e. with a lawyer or at a migration counselling office. 

I hope this helps and all the best, 

Meike

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1 Answer

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Thanks for your answer it does help
answered Feb 21 by Charington 26
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