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Actually , I am asking this question on behalf of my friend. Well, she has a daughter from her german boyfriend. She is going to have another baby. Well they are not yet married. Her asylum was successful. She has completed her one year of stay in Germany. Well, she wants to know that when she can apply for permanent residency and citizenship. In her country she has studied till grade 5. She didnt visit any integration course neither she has registered herself for any kind of german language course and she doesnt' works. Neither her man works. She is being dependant on social. Will the auslanderbehörde  give her citizenship on the basis of her relationship with the german man and the children from the german man?
asked Oct 23, 2020 in Legal advice by Sidra | 425 views

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1 Answer

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Dear @Sidra,

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

I assume your friend holds a residence permit according to §28 of the German Residence Act as mother of a German child  (not as spouse of a German citizen as they are not married), right? As family member of a German, people may be enitled to receive the permanent residence (Niederlassungserlabnis) already after three years (instead of at least 5 y.) if they fulfill all the requirements.

One of the conditions is the secured livelihood of the family (could be secured by income of any member of that family). As neither your friend nor her partner are working, the are dependent on social money, most probably from the Jobcenter. As long as they are dependent on social money (the Kindergeld is not harming an application though), your friend will most likely not be able to get the permanent residence permit. Please see the full list of requirements here (on this page it is referring to procedures in Berlin - however conditions are similar in other regions/cities as well). On this website it also states that a German language level similar to B1 is required. This can be proven by a certficate (i.e. integration course) or may be demonstrated alternatively as well in the application process.

I hope this helps and please don't hesitate to get back to us if clarification is needed or if there are any further questions.

All the best,

Meike

answered Nov 27, 2020 by Meike
You are right sir, they are not married.
Thank you for replying ! :)
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