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Hallo i wrote on this blog during my pregnancy and am here because the problem has not Changed,I gave birth 3 weeks ago,to healthy baby girl,with the Vaterschaftsest and the birth certificate of the baby I Applied to stay as family but it got denied,the claim I have to back to my county of Orign kenya to get a visa to reunite with the father of my child.Am obviously scared that they will want me to leave the baby behind and take the baby away from me or I go to Kenya with the baby and they deny me of ever coming back because I was illegally here I extended my visa that I had come with as a student in Austria

They gave me until October to decide and they still are holding my passport

Please help
asked Sep 9 in Legal advice by Salome Mkota
You should go. It is the easiest and quickest way. I went back and came back already. If your not in danger in your country I recommend you to go.
But they are holding my pp and am in danger, and i was here illegally
@Lorie, how long did u stay in africa b4 coming back? Did Auslanderbeholden give u pre-approval letter? How did u book appointment on line to come fast? Where u allowed to carry ur baby along? What country are u from too?

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7 Answers

0 votes
1st you can never be deported as long you have vaterschaft and sorgerecht.
Am from Kenya you can me an email
Uko Bayern?
answered Sep 10 by Poji1234
Yes am in Dillingen an der Donau
0 votes

Dear Salome Mkota,

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

First of all, congratulations on the new baby and all the best! 

I hope you have read my colleague Alla's answer on your last question? She gave some very important advice here and from my perspective, her recommendations are still valid in your current situation.

If the immigration office is not willing to issue a residence permit according to section 28 of the German Residence Act and insisting you to travel back to Kenya for a visa procedure instead, please contact a lawyer or a migration counselling office for support. Don't worry - the authorities will not seperate you and the child! 

Don't hesitate to keep us updated or to get back to us with any further questions as well.

Best wishes,


answered Sep 11 by Meike
0 votes
Go get a lawyer if you truly have Vaterschaft and Sorgerecht done. Sorgerecht is very important, if you don't have it better go make one and mk sure it's 50/50 right because that would be a strong ground for your lawyer to fight( best advice a friend got from her lawyer and it worked ) ... Act fast, pray and believe.
answered 6 days ago by Vrie
@Vrie i have Vaterschaft and Sorgerecht but i was denied too because i stayed illegal and they also told me to go back to my home country and come back with family reunion visa, though my lawyer go against it and reapply passport has expired and i am waiting for my embassy to have booklet before i can have my renew passport, ausländerbehorde are waiting for my renew passport before they will decide on my case again. Your friend that was granted permit base on german child,, did they reject it before? And later gave your friend permit?
@Vrie also i am working for 8 months now, will this also make them to change their mind on my case? Secondly my woman is also pregnant for me again... Though 1 month pregnancy, this will make it my two German children if she put to birth next year
Yes I have Vaterschaft and Sorgerecht but have not yet applied for kids passport.
They insist on me going back even though they have withheld my passport,so I am confused .
0 votes
Just take your child's birth certificate or registration of birth, your Ausweis and the father's passport (go with the father)to your Bürgerbüro and collect the child passport, then you send a copy of the child's passport to the Ausländerbehörde and apply for your resident permit as mother of a German child . That's how it's done in my town
answered 6 days ago by Vrie
Okay,I will do that from Tomorrow as soon as I can,thank you so much for taking your time to answer my questions
I will definitely  keep you updated
Have a great sunday
hi, after submitting all the documents  you mentioned above how long will it take to have a residence permit as a mother of German child?
0 votes
I was here illegally too. And the Behörde gave me my passport back when I decided to go back home. You should ask for a vorabstummung. The Behörde will give you that document. It will help you to get the visa to come back here in Germany. Just make sure to go back home with your child. Don't leave your child in Germany. Honestly if you really want this to be sorted out quickly it is the easiest way.
answered 2 days ago by Lorie
0 votes
I was there 4 weeks. Yes I did get a pre approval letter from the Behörde. I book an appointment online while been here in Germany. Am from Cameroon.
answered 1 day ago by Lorie
And yes I went with my child.
@Lorie, before you request for resident permit in regard to your German child, did Staatsanwaltschaft close your illegal stay case? I was also illegal but Staatsanwaltschaft close my illegal case but still ausländerbehorde rejected my resident permit because of illegal stay, though my lawyer applied again with a reason that Staatsanwaltschaft have closed my illegal case and why are they using it against me, but they have not given me reply because i have to renewed my passport... Since Staatsanwaltschaft have closed my illegal case, is it possible i can stay here without going back and come back with family reunion visa? Secondly my woman is pregnant again.... 1 month pregnancy
0 votes
@obumkelly79 I stayed for 4weeks. I went with my child. I book the appointment online while been here in Germany. I went once back to my country few days before the appointment. Am from Cameroon. I also get a pre approval before going. Its call the vorabstummung.
answered 1 day ago by Lorie
@Lorie, ur country is very good ooo.. my country only appointment online take 1year before u get ur appointment and 6months plus after submission before u get ur visa. So, where will someone stay for 6months? Someone that have not build a house or even hv savings etc. Nigeria is very difficult......
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