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Hello Desk,
I am an Asylum seeker in Germany,Me and my partner (not married),we met 1 year ago.My female partner is an African Dutch citizen (with a Dutch passport),She is living in Netherlands but she is not working.
We have planned to have a baby soon this year,
But i have some few question to know before;
1.Will the expected child get Netherland citizenship if born in Netherland?
2.Will the baby getting Germnay citizenship if born in Germany?
3.Is it possible for the further to get Netherland  or Germany citizenship by giving birth to the Netherland citizen whether in Germany or in Netherland?
4.Is it possible for the further to relocate to Netherland,Getting work permit so he can work and talking care of the baby?
5.Is it possible for the two couples to live together in Netherland or in Germany(note:mother is living under Dutsch Social benefit and father is under asyl social benefit)
6.What will it happen with my continue Asylum procedure in Germany?
7.Is it possoble to withdrawn my Asylum procedures in Germany?
8.Is it necessary for me to apply a fresh asylum in Netherland after the baby is born?

I am looking forward to have detailed answers from your desk.
R.H.M
asked Apr 5 in Legal advice by Kim mimi
edited Apr 5 by Kim mimi

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Hello @Kim mimi,

thank you for sharing your questions with the Wefugees community. 

I'll follow your sequence in order to answer them.

1. As to the first point: Citizenship is acquainted by birth in the Netherlands. if f.e. the mother was a Dutch citizen at the time of giving birth.

2. This is also the case in Germany. At least one parent has to hold a German passport or a permanent resident permit here.

3. This question was not completely clear for me, because you wrote that your female partner already has a Dutch citizenship. You, as the father of a Dutch child and potential husband of a Dutch citizen can apply for a Dutch citizenship after three years of stay with your partner.

4. As husband of a Dutch women you can get a visa for spouse reunification, Let's take a closer look at the marriage regulations:

You have to meet the following general conditions:

o   In this certificate you provide information on your criminal record. You state, for example, that you have not committed any crimes. You also state that you have not submitted any incorrect information, nor have you stayed in the Netherlands illegally.

  • (After having arrived in the Netherlands, you will undergo a medical test for tuberculosis (TB). The form for this is here: https://ind.nl/en/Forms/7603.pdf), it will provide you with some further information about this matter.

Specific conditions you have to comply with in case of spouse reunification:

  • You and your partner are married to each other or have entered into a registered partnership together.
  • You and your partner are both 21 years or older.
  • You and your partner are going to live together.
  • You have passed the civic integration examination abroad or you are exempt from taking this examination.
  • Your partner has the Dutch nationality or has a valid Dutch residence permit.
  • Your partner has an independent sufficient and sustainable income.
  • Your partner declares that he or she is your sponsor. (What she can do only if she has a sufficient income).

 5. If your potential wife finds work here, of course you can live here. You may then apply for a residence permit as a family member of an EU citizen in Germany.

6. - 8. If you apply for a residence permit, this will terminate your asylum procedure. You won't have to apply for asylum in the Netherlands if you get a spouse reunification visa.

I hope my answers were useful for you and I'll be very pleased if you contact me again with further questions. I'm a member of the mbeon-staff and I‘ll be glad to guide over a longer period of time. mbeon is an online advisory service for migrants via the mbeon-app, which you can download on your smartphone for free. You'll find me in the mbeon-app under my name „München, Frau Müller“ and get confidential one-to-one advice in a safe virtual room where nobody can read messages. For further information please visit www.mbeon.de.

Download for Android: https://play.google.com/store/apps/details?id=de.zone35.mbeon

Download for iOS: https://apps.apple.com/de/app/mbeon-messengerberatung/id1408795643

Best regards

mbeon-Christine

answered Apr 7 by mbeon-Christine
selected May 24 by Kim mimi
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