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Dear sir/Madam

My 2 kids and my partner have 3 years resident permit with Blau passport,  by 2022 it will be 5 years they hold the residence. They have Renewed it for the second time last year and it shows that it will expire the year 2023.

Now my Questions is as follows:

1. When is appropriate for them to apply for permanent residency? Next year or when is fully expired?

2. My partner doesn't work cos we have 3 kids together but I'm the one working and bearing all expenses without any help from Jobcenter.

3. We live in a flat that is big enough for us.

I also want to ask a question about my last child, I got my resident permit this year July and my daughter was born this year April but Ausländerbehörde said that my daughter is not allowed to have the Blau passport but a Nigerian passport because I also have the Nigeria passport with my residence.

Please advice all for me
asked Aug 26 in Legal advice by Gago

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1 Answer

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Dear @Gago

Welcome back to the Wefugees Community and thank you for your very interesting question.

First of all, you can apply for the permanent residence permit as soon you fulfil the requirements. You don't have to wait until the current residence permit is expiring.

Please be aware that only children from 16 years onwards can apply for a permanent residence permit. Younger children's residence is usually dependent on their parents' status.

If you living as a family unit, you can also "secure" your family's livelihood and cover the life expenses. You do not necessarily have to be married.

On your last question: The child's mother may apply for asylum for your child. If he/she is recognized as refugee, he/she can get the blue passport as well.

Do you agree dear @mbeon-fardeen?

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Sep 3 by Meike
Dear Sir,


Thank you for your response,  The kids mother applied for the resident permit and the Blue passport for our last daughter but unfortunately last week we got a letter that the child can not have the blue passport because the father have a resident permit with a Nigeria passport.


So I called the Ausländerbehörde to ask why and they said since I posses a Nigeria passport and a resident permit of act 25 integration therefor I'm a Nigerian and my last child will have to posses a Nigeria passport.  So they ask us to make sure we have her passport ready before 6 months time.



My 2 other kids and thier mother already have the resident permit and the Blau passport since 2017 August  now is 2021 and its already 5 years of holding the permit.


My question is since the mother does not work, I'm the one working and taking care of the family livehood.  We only get Kindergeht from the Government.  


Can the another apply for a Permanent residence since she doesn't work??
Dear @Gago, Yes, that is what I was trying to explain. As the mother is recognized as refugee, SHE has to apply for asylum for the child at the BAMF (Bundesamt für Migration und Flüchtlinge). I assume that you did the same with the first two kids, right? The Ausländerbehörde is not envolved in this for the time being. All the best, Meike
Dear Sir,

Unfortunately we didn't apply directly to the Bundesamt because we were told that is better the child have a resident permit without the Blue passport.  So therefore the Ausländerbehörde have granted her Aufenthaltstitel but they want her Nigeria passport also. So we think this is also the best of her . Thank you
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