I need urgent advice about giving my passport to ausländebehöder

Question

Please i have a child with german woman and i called my lawyer to apply for me aufenthaltserlaubnis he ask me to apply it by my self if they denied it then i can come to him
I have a Duldung for 2 years now
I have sign Vaterschaft for my child
I have the Sorgerecht with mother of my child
I have my child birth certificat
I have my nigeria passport with me
My birth certificat also
Now ausländebehöder ask me to bring my passport tomorrow and they will hand it over to Polizei to control.  
My question is how long it will take police to control my passport
2 is normal for me to give them my passport
3 how long it take ausländebehöder to grant my aufenthaltserlaubnis .
I my entitle for the aufenthaltserlaubnis
Am afraid

Answer 1

Dear Gentle james,

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

I assume that you applied for a residence permit according to §28 of the German Residence Act as father of a German child for the purpose of care and custody? It is a bit difficult to give an answer without knowing the whole situation, but submitting the passport will be a normal requirement for the issuing of the residence permit. From my perspective, you shouldn't worry too much and I think that the lawyer would have also explained you otherwise if he/she sees any potential issues. Would you agree dear @alla_fka?

About the length of the procedure: This varies significantly from immigration office to immigration office and I am afraid it will be not possible to give any precise answer on this.

All the best,

Meike

P.S.: I saw that you opened a second thread with similar content. In order to keep information in one place and a better overview, I closed that one. I hope this is okay for you.

Answer 2

Meike thank you very much you know assylum issues are very Complicated. Different Immigration with different law. I was told bayerm government change their law that is not possible to issue a father of german child Resident permit unless he go back to his home country and apply for visa and come back b4 the can issue him Resident permit.  
I make my Anmeldung with my mother of my child in( landshut stadt)  and i have Duldung over 2 years now and it was very difficult before landshut can allowed me to put my Anmeldung together wirh my woman when she was pregnant, i don,t really know how they Operate because i was told the ausländebehöder in landshut are very stricted and difficult in terms of assylum issues that is why am very scared to give them my passport.  Thanks for your advice  
Meike

Comments

If you are scared don't give them your passport please , that's my advice for you ,  I'm in Germany here for almost 4years now I travel to  UK Scotland with Duldung with my class , I have Realabschluss Finish my 10 class ,   but still nothing bro if u are from West Africa they make things very difficult for you , even is your right to get a resident permit they will not give u , they will waste your time till u got in to a problems, so will have prove to use your passport to deport you back to Africa very easy and quick..

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Mo_singz i really understand germany make things difficult  .they make law but many ausländerbehörde don,t abide on the law they only work on law that suffer people. Any law they make in Parlament that will favour assylum they don,t accept it. My lawyer told me with Duldung i can make driving licence here in germany the court have decided it but i came to landshut they told me that landshut don,t work towards the law. I must have Resident before i can apply for driving school. But another ausländerbehörde accept Duldung to make driving school

Answer 3

Hello Gentle james,

first of all, don't listen to everything other people in a "similar" situation tell you. Each case is individual. For example it is very different, how much risk a person hat with or without a child / a German child. But even with a child the situation can be really different depending on if you live together, if you pay for a child, if you /child/ mother have health problems/special needs, if you have a criminal story etc etc.

You have no chance to get a residence permit as a father of a German child without giving your passport to the authority. It is the law practically without exclusions. And if they know that you have a passport but you don't give it, it can make things more difficult. To cooperate in clearing your identity is your duty in the law.

They normally wouldn' deport you in your family situation just after giving a passport (provided you don't have a bad criminal story). I naturally can't guarantee that but it is not a usual praxis because the interest of a German child to be with the father is valued very high. They really can reject a residence permit and insist that you go to Nigeria and make a visa procedure for family reunion to the child. Some Ausländerbehörden give a permit without making this problem, but it is their discretionary power. You can naturally make "Widerspruch" against the rejection. But sometimes it is really better to prepare all documents, to make an appointment in the German embassy in Nigeria and to go there shotly before the appointment for getting a visa. This way is recommendable if the Ausländerbehörde agree to give you a so called "Vorabzustimmung" - a written confirmation that they agree to issuing a visa for a family reunion. If you provide this document to the embassy together with all necessary documents, you normally have a visa soon and can come to Germany legally. Without such "Vorabzustimmung" it is really risky.

Perhaps your Ausländerbehörde won't make problems. I recommend you to consult a local councelling center for migrants or a lawyer near your place who specialises in migration law. They normally can be informed about the praxis of your Ausländerbehörde. In online consulting we only can give general information.

Good luck!

Comments

I really thank you for your advice. Different ausländerbehörde with different law. I live with my german woman and my child together.  Which i also pay for rent 80 percent of the house we lived together.  I have no criminal record which i have done frührungszeugnis which i have no criminal record.  Last time i spoke to them to give me normal arbeitserlaubnis not the the working permit that take 2 weeks to approve. Because i wanted to change my work because money i received from my work it will not be enough for my family that i want to apply for sicherheit arbeit that they done accept filling paper for landratsamt to approve they want normal work permit. Till today they have give me answer to it. As i ask they if apply for it how long it take they told me they have to give my passport to police to control it before they can answer me.  Well every thing about ausländerbehörde are very Complicated.  Thanks for you advice alla fka