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Halo,i came in germany after i have applied for a family reunion visa  in my country...in a few days i will give birth to my baby as a tourist here...but my husband has a work visa  and my visa has been also approved ...the problem is i cant go back to my country now soon to pick up my visa because of the birth....can i apply for baby residence permit here in Germany  what document do i need.. both of us are from different countries..i from Albania and husband from Macedonia...and what document will i need to travel abroad with a just born baby
asked Sep 24, 2020 in Legal advice by Emi

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2 Answers

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Dear @Emi

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

Unfortunately, I can not give any answer on your question if there is a way to get the visa without traveling back to your country of origin to pick it up. I will link our expert dear @alla_fka here, maybe she can share experiences or give any advice. Did you contact the local immigration office (Ausländerbehörde) already to ask for your options? I assume that only the (North-)Macedonian or Albanian Embassy in Germany (depending on the child's citizenship) can issue travel documents for the child. If the child is born in Germany, you need to hand in your documents to the local registry office (Standesamt) to get a birth certificate (which will be needed for the issuing of ID/travel documents). This will also be important if you want to apply for a residence permit for the child. All the best for the birth and I wish you and your family that you can enjoy your time with the new family member! 

Meike

answered Sep 26, 2020 by Meike
0 votes
Hallo,

I've never had such a case before. You can anyway stay in Germany at least 8 weeks after the birth, in this time the Ausländerbehörde can't insist on leaving Germany, it's a period of mother and baby protection (Mutterschutz). Naturally you must inform them about the birth and, if your free 90 days period is over soon, ask for a prolongation. In this time you can try to make documents for travelling. If you don't manage it in this time, you can ask the Ausländerbehörde for more prolongation, explaining how much time you probably need.

You can make a birth certificate for the baby in the Standesamt in the place the child is born. You need the parents' passports, birth certificates, I presume a marriage certificate too, And the registration of your husband in the place he lives. Contact the Standesamt on phone, ask what they need exactly, and make an appointment. With this document you can make a passport for the child in your embassy. I don't know if it is possible just to include the child in the passports of the parents; anyway the own passport is better.

After the § 33.1 Alien Law (Aufenthaltsgesetz) it must be possible for the Ausländerbehörde to give your baby a residence permit, but they must not do it, they have a discretionary power, because only one parent has a residence permit. I would anyway make an application. If you already have a permission for a family reunion and just have to pick up your visum (as I understood from your words), that means, the Ausländerbehörde has already proved the situation and is sure that the residence of your husband in Germany is of long-term nature and financially secured. And they know that you will also get a residence permit as soon as you get your visum.

Having a passport for the baby is a condition of issuing a residence permit for him/her. Passport is a general condition for all residence permits except in case of refugees.
answered Sep 30, 2020 by Alla_fka
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