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Greetings to the entire community.

I hold a resident permit gemas 28.1.3 and my son's residence permit gemas 32.1.3 . His father lives in Italy and has 5 years subsidiary protection. Resently he visited us and we talked mostly about our son's welfare. He loves his father so much that it breaks my heart. We then did vaterschaft and sorgerecht and ever since then he is paying child support as determined by the Joe center and jugendamt. Now he has a job contract from a reputable car company and wants to stay in Germany to be able to assist in his child's well-being. Can he be granted residence? Can he be allowed to work? Anyone has idea which way to go? Please I would appreciate every suggestion to get this off my chest. Thanks so much in advance.
asked Jan 20, 2022 in Legal advice by Borngreat | 754 views

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2 Answers

0 votes
Hello yes he can
Let him go to the German embassy in Italy and apply for germany visa
When he get back to germany he can apply for germany residence permit
answered Jan 20, 2022 by Prince baba
Hello Prince baba,

Nice to hear from you again! :-)
Unfortunately, I would not know on which foundation he may be able to apply for a visa (at least no family reunification visa). The good news is though, that holding a valid Italian residence permit, he can travel for visits/touristic purposes to Germany and within the whole Schengen area legally.

Best,

Meike
Greetings to you @meike I would recommend that he apply for a work visa Only then he can stay more than 3months in germany when he gets the job then he can then apply for germany residency permit
0 votes

Dear @Borngreat,

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

As far as I know, your child's father could try to apply for a residence permit "zur Ausübung der Personensorge" (to take care of his child). Unfortunately, there is in general no "right" to obtain this type of residence permit. Instead, the issuing is at the discretion of the immigration office. It is good though, that you took already care of the recognition of the paternity and the declaration of the shared custody - these steps are essential for a respective application. Please see more exchange on this topic here or here, for instance.

I will link two of our experts here as well. Dear @mbeon-fardeen or @mbeon-Ruth, do you agree with my explanations and/or is there anything you would like to add?

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

All the best,

Meike

answered Jan 23, 2022 by Meike
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