Here you can ask, answer and find questions surrounding the topic: arriving in Germany
Please help I’m desperate

I am pregnant with my German boyfriend baby, but he is married to someone else but he already accept the baby and custody. Will they give me residence permit for my baby?  Germany tell me I must go to India because I was married to German man before and didn’t stay with my husband for three years. They don’t care now I am pregnant with a German man baby. Can they send me back to my country?

I don’t sleep with worry
asked Dec 23, 2020 in Legal advice by Mouise

Please log in or register to answer this question.

2 Answers

0 votes

Dear @Mouise,

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

First of all, I am sorry to hear that you are going through a lot of stress. The father of the child already officially declared the fatherhood and the shared custody? It would be an important step to make as the child would be German then as well. As mother of a German child you can apply for the residence permit according to Section 28 of the German Residence Act

In any case, I would highly recommend you to get some support in a migration or pregnancy counselling office, for instance. Especially considering that you are worried too much and you need to take care of yourself and the baby very well. Please let us know, if we can help you in finding a respective office close to your current location. We are happy to make some research. I will also link our dear @alla_fka here. Maybe she can add some more information or advice.

Also never hesitate to get back to us with any further questions.

Take care and all the best,

Meike

answered Jan 9 by Meike
0 votes

Hallo Mouise,

a German child normally gives you a good perspective in Germany, even if you are not married to the father. It is good that the father's already acknowledged the unborn baby and made a custody. Later it would be important to be able to prove that he really has contact to the child. And you'll have to care about the papers (the birth certificate and the German passport for the child) quickly after the birth.

Before the birth it depends on how many weeks you have. The pregnancy itself gives you full protection 6 weeks before the birth date (in your mother passport) and 8 weeks after that. After the birth your protection will go on because the child is German. Before the birth, if it is still a long time until the safety comes, you can be at some risk, as your German child hasn't been born yet. In the moment, especially because of Corona, I don't think they can deport you to India. Anyway if your doctor gives you some paper about risk pregnancy, you can give it to the Ausländerbehörde. Explain them that you can't go now, it's too much risk.

After you've made German papers for the child, you can make an application for a residence permit after §28.1.1.3 Aliens law (Aufenthaltsgesetz) as a parent of a German child, as Meike wrote. The Ausländerbehörde can still claim that you must go to India and make a visum procedure. If they insist on this, it would be perhaps better to take a lawyer.

You can naturally take a lawyer now if you can afford it, but not necessarily. I'd recommend, just as Meike did, to look for a good councelling center for migrants in your area. They are mostly able to recommend lawyers with expertise in the area of Aliens law.

answered Jan 11 by Alla_fka
Many thanks for the information and details, dear @alla_fka! As always, highly appreciated! Best, Meike
3,899 questions
4,669 answers
6,319 comments
136,231 users