Hello, I'm pregnant and the next week my baby will be born I talked with a social worker a few months ago and he adviced me that When I receive the birth registration of my baby I have to send a letter to BAMF asking asylum for her and probably she can receive a residence permit and then she can beneficy to us (parents), it was a long time ago and I really didn't remember everything what he said, I wonder if somebody can help me because I don't know what to do. We're appealing against the BAMF decision and waiting for a hiring at the Court.

Also I would like to know what kind of documents I have to submit to an employer if I want to make an "Ausbildung"? I have my high school certificate but without an apostille.

Thank you in advance.
asked Jan 31 in Asylum proceedings by Faga0206

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2 Answers

+1 vote
Best answer

Hello Faga0206,

you mustn't write to BAMF yourself. Normally if you (parents) are asylumseekers in asylum procedure, inclusive court procedure after rejection, or if you have Duldung, BAMF will start an asylum procedure of your new born child themselves as soon as they have information about the birth from the Ausländerbehörde. That means BAMF will send you a letter (provided they have your proper current address) with the registration and the number (Aktenzeichen) of the asylum procedure of your child and they will ask you if you agree to this procedure or you wish to renounce it. And if you don't renounce, they will ask you to give asylum reasons or reasons for another kind of protection for your child. Sometimes children can have their own individual reasons which are not the same as the reasons which their parents gave before. Example: a new born girl from Somalia, Nigeria etc. who can become a victim of female genital mutilation in the parents' country of origin.

I wouldn't speed up the procedure of the child myself in your place because it prolongs the whole safe time in Germany for the family (the time you all can't be deported). If the child is rejected, you can make an appeal for him or her and there will be one more court procedure. It gives you more time for integration.

With social help for a child it mustn't be a problem at all. Even if you make no asylum procedure, the child can't be deported alone and would stay with Duldung, that means the same social money from Landratsamt. You must just inform them about the birth and give a paper from Krankenhaus, later you shoul care about papers for the child from Standesamt. But the child can only have a proper birth certificate if the identity of the parents is fully cleared and you have all necessary documents.

If you want to make Ausbildung, you must find an employer who will give you a contract for that. Normally you need at least B1 German, sometimes B2. For "Altenpflegehelfer" you need A2, but this is not a qualified Ausbildung.

Every Ausbildung is special, you should ask what minimum starting level they need.

About your school certificate you should contact a councelling office in your area which is responsible for the question of checking and accepting of foreign education documents in Germany. In Baden-Württemberg it is, for example, IKUBIZ, for other parts of Germany you must find out. Perhaps your local Bundesagentur für Arbeit has a corresponding councelling.

answered Feb 21 by Alla_fka
Thank you so much dear @Alla_fka! You really helped us with these important information and I also learned a lot! As always: much appreciated! :-) Best wishes, Meike
+1 vote

Dear @Faga0206,

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

First of all, I would like to congratulate and wish you and your family all the best! I hope everything went smoothly and you and the baby are well! 

Regarding the asylum application for the newborn: Since you (as parents) are not recognised as refugees by the BAMF, the asylum request for your baby would assumingly not get approved at this stage. I am afraid that you need to wait for the outcome of your appeal in court. For parents with a residence permit, there is no deadline for a baby's asylum application and they can do it later on as well. I am not sure, however, regarding the procedures in cases like yours, when the parents' asylum application is still to be assessed in court. I would highly recommend you to see the counselling office again, which is already familiar with your case. I am sure they are happy to support you and your new family member with the necessary first (bureaucratic) steps and advise you on residence perspectives. Another issue where a counselling office can be helpful is the procedure of your foreign school certificate's formal recognition - which most probably will be be necessary. Additional documents which a potential employer may require from applicants for the vocational training ("Ausbildung") vary, however. 

I will also link two of my colleagues: Dear @mbeon-ruth or @mbeon-Christine, do you agree and/or can you add more information here?

I hope these information are nevertheless useful to you and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Feb 16 by Meike
Thank you so much for your answer Mr. @Meike. I have a doubt about what you told me, for example if we decide wait for her asylum request and not do it now, how can she (my newborn baby) receive her benefits from sozialamt like health insurance, kindergarden or money for her basic needs? If I inform the Sozialamt about the birth of my baby, will they tell the BAMF to start the asylum application for the baby? or how it works because I don't understand.
Dear @Faga0206, Thank you for getting back to us. I was trying to make some more research about your question. However, I came to the conclusion that it is very important that you (as mentioned before) contact the counselling office again. They know your individual case and can advise you on whether it can make sense to apply for asylum for the newborn or not. You will definitely need to register the child at least with the BAMF and you should submit the birth certificate to the Sozialamt and the immigration office as well to inform them about the new family member. I will also link our expert dear @Alla_fka here, maybe she can give some more information. All the best, Meike
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