How can I move to my family and why am I not allowed to work?

Question

Hello my question is why the aüslanderbehöde don‘ t to transfer my files to the Rathaus where am living with my son and the mother and can I do for them to transfer it and secondly i don’t have a working permit and my company said they wouldn’t extend my contract if i don’t have working permit since i have a German child...Please what can i do?

Comments

@Victor22, i Hope you remember me on your last Post. I took Lawyer for my case in regard to my German Child and my illegal Stay . My former asyl State was Bayern like you . My Woman live in Another State, My Child is born already, we went to do the Vaterschaft but they didnt do it because i have no Status. We went to my Woman Ausländerbehörde in My Woman State, they refuse to give me any Ausweis, they said i should go back to where i did my registration before because my Adress was there. Bro i am asking, because i want you to give me guidelines on how you did it. If they dont want to transfer you to your woman City, where do you live now? Or did you seek asyl again to get duldung?

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Dear @Victor22, 

Thank you for sharing your question with the Wefugees Community! 

To understand your situation better, some details will be useful. 

I assume that you are holding a Duldung which states "Erwerbstätigkeit nicht gestattet"? If so, what reason is the Ausländerbehörde giving to keep that sentence in the document (are they i.e. asking you to get a passport from your country of origin?). 

Did you apply for moving to another place and handed in a so-called "Umverteilungsantrag"? It would be essential to explain them in detail, that you have a child and a partner and you want to take care of the child and you therefore need to move. 

In general, as father of a German child (you recognized the fatherhood and share the custody?) you could apply for a residence permit according to section 28 of the residence law (§28 AufenthG). 

Looking forward to hear from you again! 

All the best, 

Meike

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@Meike I have already move to my son and the mother we stay together and I don’t have Duldung I have gestattet in my document i have giving them my passport for over one year and 5 months now i never have any problem in the country or been deported before they reject me residence permit to be honest am really confused in this suitaution please i need help am in Bayern

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@David123 bro drop me your digits I will call you in the evening today after work make we talk ok

Answer 1

Dear @Victor22, 

Thank you for your reply. 

If you hold an "Aufenthaltsgestattung" you are still in the asylum procedure, am I right? As long as you are in that process, you can not apply for a residence permit (in your case according to §28 AufenthG as father of a German child). You may want to discuss carefully with a lawyer or an expert on refugee/migration law, if a withdrawal of the application could make sense in your individual situation.

However, also for the future, it will be important that you are officially recognized as the father ("Vaterschaftsanerkennung") and you can prove that you take care of the child. 

In general, after being in the asylum procedure for 9 months you are allowed to work. However, this is not the case for applicants from so-called "safe countries of origin" (Albania, Bosnia-Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal, Serbia). Unfortunately, those people can not get a work permit as long as the case is pending. 

I hope this helps and please get back to us with any further questions. 

All the best, 

Meike