Can I get a stay in Germany if I have a child with refugee blue passport holder?

Question

Hallo wefugees.
My name is yakub, I'm asking this question for my brother.
My brother is in asylum foe the past 5 years and his asylum is rejected, but he got child with a woman who is having the refugee blue passport, and also having (aufenthaltstitel card) can he also get a stay in Germany?
The child is 2 year now, but they still give him Duldung, and they don't allow him to work, he is from Ghana,
What should he do because he is afraid he can be deported. Please help us.
Thank you

Answer 1

Dear @Yakub,

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

Whether your brother has a chance (unfortunately he will not be entitled) to obtain a residence permit ("Aufenthalt zur Personensorge") or not is depending on a couple of factors. Please follow the link I just pasted for more information - we actually discussed this topic already a few times on this platform. The official recognition of the paternity/fatherhood ("Vaterschaftsanerkennung") and the declaration of the shared custody ("Erklärung über die gemeinsame Sorge") at the Jugendamt, for instance, will be the first steps. Another question is: Does his child hold a residence permit as well? We just today discussed the potential difficulties if only one parent holds a residence permit. Please see this thread for more details.

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

All the best,

Meike