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Greetings,
I am Kenyan and I came to Germany in 2017 to visit my children who are now 20 and 16 year old. They live with their father who is German. We are not Married. I delivered another child in May 2019 with the same man. I had registered as a refugee and gave birth at the refugee camp in Köln. He took care of the baby hospital bills for the two weeks we were admitted and when we were discharged he took me from the camp before my interviews with BAMF. We got the baby a Birth-Certificate and we have joint custody. The baby is German. I have been living in his residence in Witten, NRW since then with my other two children. We moved to Waldems, Hessen  5 months ago. I have not been able to apply for my residence because the BAMF in Köln  have my passport and I do not know the penalties of leaving the camp unofficially. I have no residence permit and I am not sure if I am still registered at the camp residence. My baby is also not registered at the fathers house. The father of my child got me a lawyer who wrote to Ausländerbehörde and no response for 8months now. How can I get my passport back from BAMF in Köln and what steps can I follow in order to get German residence visa. Do I have to go back to Köln to facilitate this process? Please advise.

Kind regard,
Rachel
asked Feb 9 in Legal advice by rachmmw
recategorized Feb 12 by rachmmw
Dear Rachel,

when I was formulating an answer to your question, you deleted your initial content in the meantime. As I linked our experts in my response, would you mind to restore the initial thread?

We would be happy to support!

All the best,

Meike

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4 Answers

+2 votes

Dear Rachel,

Welcome to the Wefugees community and thank you for sharing your situation with us!

Your situation sounds indeed quite complicated and I can also recommend, to reach out to a migration/refugee counselling office. On this website you find a list of numerous offices in Hessen. 

In general, as you are mother of a German child, you will be entitled to get a residence permit according to section 28 of the residence law (§28 Abs.1 Nr.3). 

Trying to understand your situation, a few questions and difficulties come up. First of all, me personally don't know a case, in which people got punished because they had left the camp. If you applied for asylum already (which I also doubt, as there is no BAMF office in Köln and they must have invited you i.e. to Bonn for an application), they probably stopped the case according to §33 AsylG. If you would return to Köln and say "I want to continue my application", the authorities would probably take it on again.

Secondly, I also don't understand what the lawyer is doing since more than 8 months. As you must have received a receipt in exchange for your passport, it can not be that difficult to get it back. 

The most important thing, I also find it not responsible at all, to take you out of the camp without a plan. In general, you would have been entitled to get social benefits and most importantly, a health insurance! Is the baby also not insured or is it a member of the father's family insurance? As you could not provide any passport to the "Standesamt", the child probably also has a "Auszug aus dem Geburtenregister" and no birth certificate, right?

However, I will link two of our wonderful experts here. @mbe-on_Zsigó or @mbeon-Ruth, can you give some advice/recommendations to Rachel?

All the best,

Meike

answered Feb 12 by Meike
Greetings Meike,

Thank you for your response and advice.

First and foremost the camp site was in Köln but the BAMF is in Bonn.
I also do not understand why their is no response from the BAMF even after the lawyer has written to them several times.
My child has a Birth-Certificate only and the father family kasse health insurance.
I have also seeked help from MBE online.

Kind regards
Rachel
0 votes
Du solltest sofort zur Beratungsstelle gehen.

Svenja Jeschak (Sozialarbeiterin B.A.)

Annenstr. 118 | 58452 Witten

Tel. 02302 2020507

svenja.jeschak@diakonie-mark-ruhr.de

Offene Sprechstunde Mittwoch und Donnerstag 9.00 –12.00 Uhr
answered Feb 12 by Ria
Greetings,

Thank you for the information and contact. I am not in NRW but I will look for an office in Hessen as advice by another legal adviser.

Kind regards
Rachel
0 votes
Greetings Meike,

Thank you for your response. I have reposted the original thread.

Kind regards
Rachel
answered Feb 12 by rachmmw
Dear Rachel,

Great, thank you for your quick response. It is also a very good idea to consult someone on mbeon.
However, always feel free to get back to us with any further question!

All the best,

Meike
0 votes
Hi Rachel ,

Please surch of Flüchtlingsrat Hessen. when you need more support than you can also write me in whatsapp 015787029225.
answered Feb 14 by Ria
Hi,

Thank you.
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