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I am a Canadian citizen living in Germany for the past three years with my fiance from iraq. We have a 10 month old child of which we both have the paternity and maternity and custody acknowledgement documents. I have had a Aufenthailserlaubnis since my arrival in Germany, and also have an unlimited work contract so there is theoretically no problem reviewing my residence permit when it expires.

We were originlly told by our lawyer that having a child together with the necessary custody and paternity documents would grant my fiance the ability to remain in Germany with a Aufenthailserlaubnis zur Personensorge no matter what the outcome of his asylum was. Rhis is becaise the child will take my identity documents and therefore be entitled to stay in Germany which will entitle my fiance to also stay.

Before his second court date, we applied for the Aufenthaltserlaubnis zur Personensorge. Since then we have has the second court date and he has recieved no refugee protection. Suddenly the lawyer is saying that this residence permit to take care of the child will definitely be rejected and is not a possibility for us to obtain. We have done our research online with numerous websites and even YouTube advice videos and I have found no evidence to support this new theory of the lawyer saying we cannot get the residence permit. Everything I have read stated that we qualify completely for it, and also that is what the lawyer told is for the last couple years up until last month when he changed his opinion. What I am looking for now is professional advice stating clearly what the laws on this subject actually are. It's an extremely perplexing situation which we desperately need advice on.

Thank you In advance for your time and help.
asked Dec 16, 2020 in Legal advice by KTY
Hello,
That is not true according to your lawyer. Your partner can apply residence 25,5 or 36.2 and since you are working that should not be a problem with her getting one of the 2 mentioned residences.
Even if they reject the residence until she meets conditions like work or identity they will issue duldung 60a 2 abs 3 and they can never deport
her from Germany if you both have the sorgerect as it's against residence law.
Also she can never deported as its against residence act law 55 1 section 4. cohabits with a German dependant or civil partner in a family unit or a registered civil partnership, exercises rights of care and custody for a minor, unmarried German or exercises a right of access to that minor,
She cant hold duldung  60a 2 abs 3 for more than 18 months and the Auslander behorde must give her residence 25.5 or 36.2 after 18 months
Let me know if would like the contact of the Lawyer who handled my friend case.
Please this is great advice. And I need your help r
@wagithomo pls I need your help, could you please give me the lawyer contact

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1 Answer

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She handled my cousin case really well contact
Lawyer Julia Monecke
Alexanderstraße 124
26121 Oldenburg
(Fax: 0441/777 01 07)

Appointments can only be made on: 0441/71 800

Directions:
The law firm "Alex 124" is located on the corner of Alexanderstraße / Lambertistraße on the 1st floor above the
answered Jan 16 by Pan 123
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