How can I move to my partner and child (with Aufenthaltsgestattung) and can I get a residence permit? [closed]

Question

Please I will need your advice . I came to Germany in 2020 as an asylum seeker . I live and work in with gestattung . My asylum was rejected and I appealed since June 2020. Now I have a German partner who is pregnant for me but she lives in Paderborn. We will like to move in together in the same city . I also want to know the steps to take concerning the pregnancy. We have done the father Schaft and Sorgerecht and the baby will be born soon . Is there also any fear of Bringing my Ghana passport at if am asked to bring it ?
 Please under which paragraph can I apply as the child’s father and the option of relocating to my partners city .

Comments

I mean since when did you start working?

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I month after I got transferred to my city

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How long did it take for you to get transferred?

How many weeks did it take for you to be able to work since you applied for asylum?

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@Jude45 this is your question bro , why deny what u say .. is that how Ghanaians behave?

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@Jude45 then why u ask this question here since u have experienced similar case like mine before ? And ur question is this year April ... funny guy

Answer 1

Dear @Jude45,

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

You did right to take care already of the recognition of the fatherhood ("Vaterschaftsanerkennung") and the declaration of the custody ("Sorgerechtserklärung"). If you want to move to your partner and child, you generally have to submit a so-called "Umverteilungsantrag" at the immigration office. If I am not mistaken, the Bezirksregierung (district government) Arnsberg is responsible for this procedure in North Rine-Westfalia (NRW) though. Please see this website for more information - they are also available in English. On the right side you find the formular (Antragsformular Umverteilung) for the respective application. 

As father of a German child, you may apply for the residence permit according to section 28 of the German Residence Act. I was not able to find good information about the respective requirements at the Paderborn immigration office's website, but for a general overview you could check this list compiled by the authorities in Berlin. 

In general, I would recommend you to contact a migration counselling office for support. The immigration office will eventually ask for a passport and probably also wants you to apply for a visa (family reunification) at the German embassy in Accra. Therefore, some individual counselling will be helpful.

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

All the best,

Meike

Comments

Thank you Meike for your detailed advice .
  Please I have one more question, you mentioned that I have to apply for a visa (family reunification) at the embassy in Accra .
   Do I have to go back to Ghana ? I’m already here in Germany under asylum process .

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Dear @Jude45, 

As long as your asylum procedure is not closed, you will not be asked to return to Ghana. Just in case your application and the appeal (if it has a suspensive effect) will be rejected and you want to apply for a residence permit as father of a German child (according to §28), the immigration office may ask you to apply for the respective visa. Latest when this happens, it makes sense to get support by a lawyer or an experienced counselling office (to collect strong reasons why you are not able to go through the visa application process or to help organising the process including the pre-approval by the immigration office to speed up the process). In some cases, applicants are also issued a residence permit according to §25 (5) - especially when they are definitely not able to leave Germany to obtain the visa or to get a passport. But this is really depending on the individual situation.

 As all these aspects are quite complex and I don't want to confuse you more, again, I would highly recommend you to get some support in a counselling office. 

I will link my colleague dear @mbeon-Christine here as well. Maybe she can me correct, if necessary, or add some information/advice. 

All the best, 

Meike

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Thank you Meike .
I appreciate