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I came 2018 with a Germany tourist visa, and I applied for asylum January 2019, but my asylum application was rejected,even after my appeal against the decision I got another another rejection from the court, i was given 3 months Duldung for up to 3 2 times but I was still ask to leave the country voluntarily or i will be deported after the pressure from ausländerbehorde I try to apply for second asylum application with a good evidence of my situation ..they never allowed it uptil now no decision was given to my second asylum application that i should go and bring my passport..which was a problem between me and then ..they ask me to go the Essen for identification, but I refused because it was a to get me sign a TC with then for deportation purposes, I left Germany since August 2020 hiding and living with my friends in another European country..now my girlfriend is pregnant for me and she has a Germany resident acticle 25.3 .. can I come and sign a verterschatf and sorgerecht with my expire 3 months Duldung or should i apply for another asylum to enable me into the system again? Or can a Notar help if I give him my passport  is  signing  the vetershaft and sorgerecht..because the stadt said my ausweiss has expired they can allow me to do ....please  I need your help and advice..anonymous
asked Feb 2 in Asylum proceedings by Des74

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2 Answers

0 votes

Dear @Des74,

Welcome to the Wefugees Community and thank you for sharing your situation with us, which is indeed quite complicated.

I am sorry to hear that you find yourself in a limbo for quite a while now. But from my perspective, your situation is also not easy to solve and I would highly recommend you and your partner to get in contact with a good lawyer in Germany. Regarding another aylum application, please follow the link "After asylum rejection and a few months hiding - (How) Can I enter the asylum procedure again?" for more information.

About the notary and the declaration of paternity ("Vaterschaftsanerkennung"): In general, you can give a respective declaration at the Jugendamt, Standesamt and also with a notary. That doesn't mean that the notary is going to the Jugendamt's office, for instance, to sign the paper in your name. Instead, you and your partner make an appointment at a notary's office and declare the fatherhood/paternity and the notar will write everything down. However, I heard that sometimes the registry office (Standesamt) responsible for the issuing of the birt certificate of your child, may not always accept the statements and information given at the notary. On the other hand, you also need to be careful getting in contact with German authorities while you are staying in Germany without a permission. Authorities might report your situation.

Nevertheless, even if you manage to declare the fatherhood and the custody, as father of a foreign child with a residence permit this does not automatically lead to a residence permit in Germany. And I assume that you need legal support latest at this stage.

I am sorry that I can not give you a more positive answer, but I will also link two of our experts here. Maybe dear @alla_fka or @mbeon-fardeen can correct me or give any additional advice.

In any case, please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Feb 5 by Meike
0 votes

Hello Des74,

It is not so easy with a fathership (acknowledgement of paternity) and custody of child in your case. Your girl friend hat a residence permit and the child will normally get it also, which means that you are interested in this fathership for the aim of staying in Germany. In such cases Standesamt or Jugendamt can't make the procedure of acknowledgement without previously informing the Ausländerbehörde in their place. Ausländerbehörde will start checking a possible abuse (if it's really your child or you are lying about it to get an advantage). The only way easily to prove that it is your child would be to make a DNA Test, after a positive result they don't need any more checking and you can procede with acknowledgement. But it is only possible after the birth.

Your girl friend can go to another country with her residence permit (although Corona makes it difficult). Perhaps you can try to make this acknowledgement in the country where you live now. On the other side you are illegal there and perhaps it will be a problem to contact the authorities. If you can do it with a notar there, I have no idea, you must ask them. Perhaps you can make a statement of paternity. But it can only be valid after your girl friend confirms it with the respective authorities in Germany, and I'm afraid, it possibly won't be allowed in your situation.

So after the birth, with a positive DNA Test, it would be much easier.

If you come to Germany, you can ask for a new Duldung with the aim to stay with or near the girl friend and the baby (then withe Ausländerbehörde in the place they live). Or you can make a new asylum application. In the second case you must be sent to the federal land in Germany where your first asylum procedure took place. From there you can ask for transfer to your child after the acknowledgement of paternity (anyway not during the pregnancy, the child must be already born). All these things are complicated and normally require support of a good lawyer with experience in foreign law (which naturally costs money). In any case I strongly recommend your girl friend to look for a good councelling center for migrants in her area, because it is not only about you, it's about her and the rights of a future child to have a father.

As far as I understand, you don't have a passport (or don't provide it to the authorities). Depending on your country of origin, it would be difficult to deport you quickly, they will take measures forcing you to make a passport... In this time you can perhaps solve the problem of paternity documents.

There are also other aspects, like: if you come to Germany again, you will probably have a high penalty in a criminal procedure for coming illegally without documents. You have an important personal reason and a good lawyer can perhaps also help you with this problem.

It is not possible to discuss all aspects of such a case without a good personal consulting. Anyway, I wish you luck!

your old Duldung can't be simply prolonged in Germany if you come again after being illegally somewhere. If you come to stay with your girl friend or near her, you can apply for a

answered Feb 6 by Alla_fka
Dear @alla_fka, many thanks for all these detailed information and your effort!! As always, highly appreciated! :-)
You have really give me a good answer to this issue so far.. I have try to contact a notar via my girlfriend but the notar ask us to make a DNA test before she can give us termin for the Vaterschaftsanerkennung and sorgerecht...my question is ...since I am staying illegal in Germany would I be able to make the DNA test from any laboratory or hospital since I don't have address and a valid ausweiss?
I don't know. Your girl friend can ask about the conditions in the place where the test is made. It can be bought in the apothek, perhaps they can explain something. I really don't think you can do it without one single document: they must know, what person is giving stuff for the test.
Perhaps you must legalise yourself to do it. If you do it shortly before birth and make the test at once, you will get at least an obstacle for deportation. And nobody can deport you quickly without documents, normally they need your passport.
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