Hi everyone,

I have my daughter with my German girlfriend and I have Sorge-recht (Unterhaltsschutz) and Vaterschaftserkennung and I got a job full time but I have student visa status and I want to change my status because my boss don’t accept my this visa and my question is that can I change my status easily and I have appointment on 3 September and what should I do or how should I prepare for this I haven’t any idea please I need little help because it is totally confusing and one more thing can Ausländerbehorde make Problem or can I get easily with these proofs .
asked Aug 13, 2020 in Legal advice by Eriks81 | 1,351 views
@David123 @Melina @Marcel @steven @manrhei-mbeon please advice
@melina please I need info otherwise I will not get the job

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3 Answers

+1 vote
Best answer

Hello Eriks81,

Thank you for reaching out to the Wefugees community.

With the student visa you can only work 120 days full-time or 240 days half-time. So, that is may be the reason why your boss didn't  accept your visa.

For the resident permit as a father of a german child you need "Sorgerechtserklärung" and "Vaterschaftsanerkennung" Do you pay child support?

If your papers are ok, there should not be a problem with your resident permit. I wish you the best.

I hope my answers were helpful and I would be very happy if you would contact me again with further questions. I'm a member of the mbeon-staff and I‘ll be glad to help you over a longer period of time. mbeon is an online advice for migrants via the mbeon app, which you can install on your smartphone for free. Download it from App Store or Google Play Store. You’ll find me in the mbeon-app under my location Mannheim and then my name Frau Schünemann and get confidential one-to-one advice in a safe virtual room where nobody can read messages. For Further information please visit ***.mbeon.de.
Best regards,
your mbeon advisor


answered Aug 17, 2020 by manrhei-mbeon
+1 vote
It seems a bit blurry as they recently changed the paragraphs that stated that as parent of a German child you immediately also get the permission to work in Germany. You should ask the Agentur für Arbeit if you are permitted to work with your current status.

That said they could ask you to go through a visa process again since your reason for staying in Germany changed.
answered Aug 16, 2020 by Hmpt
P.s.: you have ever right to stay when you have a Sorgerechtserklärung, that should not be an issue.
@Hmpt while waiting for court hearing against ausländerbehörde , will ausländerbehörde take away my working permit? I got rejected twice by ausländerbehörde in regarded to my german child, they said , i should go back Nigeria and come back with family visa so my lawyer just appeal it in court now.. will like to know if ausländerbehörde will remove my working permit, i am using 3 months Duldung for long now, my permit is attached to my Duldung, anytime I renew the Duldung, the permit is renew automatically...
0 votes

Dear @Eriks81,

Welcome back to the Wefugees Community and thank you for reaching out to us.

A very similar question was asked before on this platform. You may want to see mbeon-Christine's explanations in this thread for more details.

As you apparently want to change your type of residence permit urgently, you could check if you meet the requirements for a residence permit according to section 28 of the German Residence Act as father of a German child. You can find a list of requirements (applying to Berlin in this case) following this link.

I agree with @Hmpt: The authorities might ask you to travel back to your country of origin in order to apply for a family reunification visa at the German Embassy. However, I recommend you to read alla_fka's advice on this here also.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,


answered Aug 17, 2020 by Meike
Hi ,
I have legal status as a student then why I will go to my country then change my visa type one of friend he is also student but he didn’t return to his homeland
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