What is the meaning of Aufenthalt prüfen by ausländerbehorde

Question

I have a German child with my German woman, though I have Duldung now but my lawyer has applied for permit. My girlfriend called social today so I can get Schein, to use for hospital. The lady at the Social, told my girlfriend on call that she saw Aufenthalt prüfen by ausländerbehorde on her system... What does it mean?

Comments

That's how I understood it, too.

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Thanks for the quick reply, dear @mbeon-Christine! :-)

Answer 1

Dear @David123, 

Welcome back to the Wefugees Community and thank you for your question. 

I assume that this is referring to the fact that you applied for a residence permit and they check (“prüfen“) the application now, processing it. Would you agree @mbeon-Christine or @alla_fka? 

All the best,

Meike

Answer 2

Hallo David123,

if you have a German child, you mostly have a legal right to get a residence permit after §28.1.1.3 Alien Law (Aufenthaltsgesetz). The Ausländerbehörde must check, if there are circumstances which block issuing this residence permit. For exaple a special amount of criminal record in the past. Im principle coming to Germany without papers and permission (which is the case for most people coming for asylum seeking) speaks agains issuing a residence permit, but if your reason to stay is a German child, the Ausländerbehörden mostly make an exclusion (this is possible after §39 Nr. 5 Aufenthaltsverordnung).

Anyway they must check it and give you a decision. If they decide to reject, they will normally first send you a warning letter and give you time for giving your opinion about it. In this case (or if they just give you a rejection), it is important to consult a good migrant councelling center or, better, a good lawyer with the expertise in alien law, very quickly. What can be done, depends then on the reasons.

But I hope that you will have a good scenario and just get your residence permit in some time.

Comments

@Alla_fka I don't have no criminal record. The only criminal case is by staying illegal for one year after they rejected my asylum. Ausländerbehörde reported me to Grenze police but they ask me why and so many questions through post..i answer all and my lawyer send my answer and his letter he wrote to them.. The Grenze polizei send me post 2 weeks ago that they have closed the case of my illegal case. So my lawyer said all is well. I don't have any issue again in regard to illegal stay since the police have closed the case.. So can I still get the permit?

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It mustn't be a problem, if they closed your case. You haven't got any penalty then.
It is good that you have a lawyer and I hope your lawyer is a specialist in the area of alien law.
People with German children, who have a child custody and care for children, have a very good chance to get a residence permit. Naturally an important condition is that you provide your passport to the Ausländerbehörde. Having a passport is a condition for every residence permit except for refugee status, subsidiar protection and humanitarian deportation ban.

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@Alla_fka thanks. I have all, and my lawyer have submitted all to them including DNA test because before I did the Vaterschaft and sorgerecht, ausländerbehörde to Jugendamt that I have to do the DNA to prove am the father before they did.. Ausländerbehörde have all my papers already... Thanks once more

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It sounds good. I think now you just wait. Good luck!