Hello, i was in asyl and have a child with a German, my son holds a German pass and i was also giving a 3 years residence permit. I am no longer with the mom and i was asking if i have to change my residence,  does she have to sign anything else or i can just change it without having anything to do with her. I am not paying my child for now because am going to school learning B2.
asked May 10, 2020 in Legal advice by Baye | 944 views
Were you married before or you got the residence because of the child?
Are you having sorgerecht?

Dear @Baye

Thank you for reaching out to the Wefugees Community. Your situation is still not totally clear to me. You got the residence permit because of your asylum application or is it based on paragraph 28 of the residence law as father of a German child? If the latter and you want to extend your permit, as Pan 123 already mentioned, it will be important that you actually take care of the child etc. 

Please get back to us if you want to discuss your case further. 

All the best, 


Hello, thank you for the answers.. yes i have my residence permit through Paragraph 28.. meaning i got it after having a German child
Hallo Pan, No we were not married and was also living separately..
The residence has nothing to do with the mother the only thing she can try to do is to take the Sorgerecht from you but it will have to be decided by the court.
If she convince the court youare not raising the child you will lse the Sorgerecht.
Since you cant pay Unterhalt and you are no longer together Judendamt will pay the child 165 Euros per month.
You will need to be involved with raising your child e.g like picking the child in weekends,shopping for the child e.t.c
You will need to keep proof e.g pictures and receipts.
Once you start working make sure you go to Jugendamt and inform them you will be paying unterhalt.
As long you take care of the child and you still have sorgerecht your residence will always be renewed.
@Pan 123 , I am David, I hope you still remember in my last thread that I posted of been illegal and my German woman is pregnant. You reply by saying , the Jugendamt will make the vaterschaft hard for me to get until i am cleared by ausländerbehorde , and a prove of, DNA test. All that you said , I have experience all and i have overcome them by God , they truly ask for DNA test. I gave them the test. I have done the vaterschaft and sogerect. My woman address was put in the vaterschaft. I have appointments by the ausländerbehorde to get my Duldung. Also I have appointments with bürgeramt for putting my address in my woman house . Bayern has transfer my files to my woman state , the ausländerbehorde in my woman state info my lawyer yesterday, they told us to go to bürgeramt so I can put my address in my woman house , after that they will give me Duldung. My lawyer is very hard-working and he is really helping me. Thanks for your advice them ... But I want to know , will they grant me resident permit after this Duldung?
@Pan 123 reply
That is great news and congratulations!
Once the child receive German passport you will automatically receive permit 28.1-3 as duldung is the least they can give
@Pan 123,. But bro, why did they want to give me Duldung first ?
@Pan 123 , won't my staying at illegal for a year affect my resident permit?
@Pan 123 i was in asylum in Bayern before I become illegal. Thank God they transfer my files to my woman state .  When we called the man at the ausländerbehorde , he said they will issue me Duldung, after I get my address official at the bürgeramt, then they will give me the Duldung.  I just pray they give me permit after all
@Pan 123 how do you know I'll be fine since I stayed illegal for 1 year ? Is it in the law? Or they will ask me to go back to my home country and come back with family reunion visa because of my German child ? Because I was illegal? Which will ausländerbehorde tell me ? Fine (strafe) or go back to my home country and come back with family reunion visa?
Mostly it depends from city to city.For me i stayed without registration for 3 months and i got a fine of 250 Euros but they latter issued the residence without giving duldung.

Staying illegal in Germany its a crime but since you have a child they mostly give a fine since they have a law that they cant separate family members.

The Auslanderbehorde reports you to the police and the Police will take action.

Mostly they can ask you to go back to your home country and apply for Family reunion but they can never deport you if you having sorgerecht.

If you return to your country chances of you returning with family re-union are less because you stayed illegally in Germany.

Your lawyer should keep fighting untill you get a residence and try as much as possible not to leave Germany.
@pan 123 thanks
@Pan 123 the ausländerbehorde report me to grenze polizei that's border police , they sent the post to my woman house . They only ask me some questions and I should send it back to them . Question like , why I lied that I didn't have a Nigerian Passport before when I came to Germany ,if I want to marry my German gf , why I didn't renew the Duldung Ausweis before I left camp , how do I get money to eat ...these are the questions they asked. ...so my lawyer send it to them and a letter to them also .... But they never reply since then . They also ask if I have contacted the ausländerbehorde ......I reply all all the question .    Do you think they wil give me fine or ask me to go back and come back with family reunion visa , if I apply for the permit after getting the Duldung soon
@Pan 123, bitte is it possible to be granted a recidence permit in germany if a passport is expired? Due to covid19 many counrty embassy has not started work
@pan 123, what if you have a slip(prove) that u applied for a renew of the passport b4 the covid19 lock down. Because embassy dont work at the moment. And the auslanderbeholden was holding the old passport b4 it expired after applying for d residence permit.

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3 Answers

0 votes
Duldung is the least as per your case they should give residence.
May be they will give the white paper to wait for the stay after 5 weeks
answered May 14, 2020 by Pan 123
0 votes
You staying illegal wont affect your residence but uou will be fined for staying in Germany without being registered
answered May 14, 2020 by Pan 123
0 votes
They will give you  a fine for staying illegal or without papers in German but they cant do anything.

They can just request you to go back and apply family re union but they can never deport you as long you have the Sorgerecht.
answered May 15, 2020 by Pan 123
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