What rights will my baby have as both parents are Pakistani? Will my child considered as German child? What time duration does she need to live in Germany to get nationality?What rights can I get if I leave my studies?
asked Jul 7 in Other Questions by Javeria

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1 Answer

+1 vote

Hi Javeria,

I assume you are referring to the recognition of paternity (in German Vaterschaftsanerkennung). This can be done at the Jugendamt, Standesamt or a notary. The most straightforward place to do it is at the Jugendamt. You can contact your local Jugendamt and ask for an appointment for a Vaterschaftsanerkennung. It is important you inform them which language both of you are comfortable speaking so that they can provide a translator for you.

If both parents have Pakistani citizenship, then the child will also have Pakistani citizenship. A child born in Germany does not automatically become a German citizen as it depends on the nationality of the parents and their residency situation. If a non-German parent has been living in Germany for 8 years and possess permanent residency, then their child is a German citizen at birth. This is in your situation not the case.

Minor children usually become German citizens along with one or both parents in the process of naturalisation (Einbürgerung). For the parents, there is a requirement to be living in Germany for 8 years. This can be shortened to 7 or 6 years under certain circumstances. There are other requirements also to be fulfilled. For child under 16, a residency period of 3 years is enough if being naturalised along with the parents.

If you leave your studies without completing them, you would need to fulfil the requirements for another type of residency, e.g. to take up qualified employment or find an Ausbildung. If you do not fulfil the requirements for any residency permit, you will be obliged to leave the country. As the child’s father has a Duldung, it may be possible that the child and you are also issued with a Duldung. This Duldung would be issued on the basis of ensuring child and father can have a relationship. If there is no contact between the parent and child, then there would not be reason for a Duldung.

 There could, however, be other reasons to be granted a Duldung. A Duldung is not a residence permit and time spent on one will not count towards the time needed to obtain German citizenship.

Before you leave your studies, I recommend you explore the option of taking a break from them. In German this is called Beurlaubung. You could take a ‘Urlaubssemester’ due to the pregnancy where you wouldn’t have to do any study but remain a student. Most universities and third-level institutions have student support offices that help students who aren’t from Germany, or become pregnant, or have young children. Do you know of any such office or have you had contact with them? A semester off would give you some time and space to explore what options are available to you.

Here is some additional information in English:

https://handbookgermany.de/en/pregnancy

I hope the above provides you with some clarity. Feel free to ask us any other questions.

Best,

Éanna

answered Jul 8 by mbeon-Éanna
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