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Hello dear consultant and members, I have an urgent question regarding the residence permit application in Germany. I have expired stay permit from Italy(last of 2019). I was a student in Italy. Now I have a German kid from German mother. I have been here in Germany since the end of 2019. In between, I contacted ausländerbehörde many times with the application of my residence permit. With the assistance from one of the wefugess office, I summited a paper application by filling the form with all the necessary documents( vaterschaft anerkanung, saugerichet anerkanung, meldebecheinigung, geburtsurkunde,biometric photo, copy of passport and alike). But, finally after waiting several times, they send me a letter (anhoerung) stating I am illegal in Germany as a result of over stayed so I must leave Germany in a month. By the way, two days before I received the anhoerung latter there was a letter of appointment to bring them my original passport, photo, birth certificate and reason to stay in germany(reason for residence permit application), insurance coverage and bank statement. I am afreid of holding my original passport and return me back to my original country or Italy. What do you suggest me to do?
asked Nov 15 in Legal advice by Chappy
edited Nov 16 by Chappy

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With my own understanding first you are illegal   in germany that is first crime you have committed . Before you apply you would have consult you lawyer I think he will have advice what to do. I have a friend who over stayed and his visa got expired during time his german girlfriend is pregnant because he apply for resident permit he took assylum process . After he was comfirm as asylum seeker then he applied for resident permit   i will not advice you to go there consult you lawyer first because if you go they ask you reason for over stay. Unless you are sick during you document expired that is a good reason . They ask you ur insurrance card and how you feed . You will know good reason to give without that they can take you take to italy or police will detain you
answered Nov 17 by Gentle james
First, I would like to thank for your concern and advice from your experiance. It is a lot to me.

There are a couple of reasons for my over stay in Germany, (1) in the middle of my girl's pregnancy, there was some complications (even we don't have doctor statement), (2) as u might know, there has been peak Corona time followed immediatly( the damage was high especially in Italy), (3) I have strong attachment with my kid and my family.

Regarding the insurance, I applied for private insurance and wait to pass through some of their checking process since my previous insurance expired, they have to confirm it from my previous insurance provider in Italy.

Bzw, due to personal reasons, I missed my appointment with ausländerbehörde. They gave me another appointment for December 2020. The lawyer told me not to miss the appointment. With all the fears and possible scenarious, I have to go and challenge them. Any valuable comment is welcome especially directly related to my case which influence the outcome.
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