Good evening, I'm having legal issues in Germany in the city I gave  birth to my son.


I'm a Nigerian with a Greek 5 years recident permit., I did my Anmeldung by 31.05.22 cause the father of my child lives in Germany for like 10 years his a Italian by nationality.
He asked me to give birth to our son in Germany.
So after I did my Anmeldung, we did Sorgerecht, Vaterschaftsanerkennung, Mutterschaft.

I gave birth in August 20th 2022.

I knew my Anmeldung was due by 31.08.22.
I asked a lawyer which I paid to inform the Ausländerbehörde that I gave birth so I can be able to get resident permit EU. Family  permit or a Fiction.

Unfortunately the lawyer didn't do it or forgot, the Ausländerbehörde are now asking me to leave the country with immediate effect. Cause my visa free is over which is 90 days.
I tried contacting Ausländerbehörde but their ignoring me. Saying I'm not registered.

I got a new Lawyer which we are fighting for them to give me Duldung to process everything.

I'm so depressed cause I don't know what to do, I can't leave my newborn baby, he doesn't even have a passport or any documents, also to little to enter a flight.

Also me and the father share  Sorgerecht  he doesn't want his son to leave.

Unfortunately he can't take care of newborn that's breast-feeding.

Relatives are advising me to Seek Asylum to get a legal status to be able to process my residence permit. Since I'm now illegal.

I know my son does not have a issue cause he will get the Italian passport.

But I don't know what to do, please help me
asked Nov 1 in Legal advice by Treyy
They also gave me a Grenzübertrittsbescheinigungen to leave the country till 21of October.
They don't even care if I have a newborn
After getting the. Duldung can I still apply for EU Family Residence, if yes how long will it take?
Hi Treyy, we are very sorry to hear that you are in this situation. I will link our experts @mbeon-gabriele, @mbeon-fardeen and @meike @mbeon-éanna here. We will help you as soon as possible. Also, we'd like to connect you with a free consultation in your area. Which city is closest to you? What does your lawyer say? Did you have a written or a verbal appointment? Warmly Saskia
I think of seeking Asylum to be able to be Regal in the system cause, the Ausländerbehörde are saying I'm illegal.
It will be difficult to move around without any permit or temporary stay.
So I was thinking to seek asylum.. I'm confused

Please log in or register to answer this question.

2 Answers

0 votes
Best answer

Dear @Treyy,

In order to know if you are entitled to a residence permit as a family member of an EU citizen, I need to know more about the father’s status in Germany. I need to know whether he is entitled to certain rights under EU freedom of movement laws. This is most commonly by working or having worked for a period of five years in Germany. Does the father work currently or has he worked (or studied or done an Ausbildung) for five years during his time here?

If the father is entitled to EU freedom of movement rights, then there are two options:

  1. If you and the father are in a relationship and live together, then you have the right the stay here as his partner. This is according to section 3a of the law on freedom of movement in Germany.
  2. If you are not partners, then you have the right to stay under Article 20 of the Treaty of the Functioning of the European Union. This is because the child is permitted to stay here as a EU citizen and you are permitted to stay as you care for him.

If the father is not entitled to EU freedom of movement rights, then he either needs to make this happen or he may be requested also to leave the country. He can gain these rights even by working a minijob. Otherwise you would likely be told that it is possible for you to all live in Italy.

I do not see any necessity of applying for asylum and it is also not clear to me why the lawyer only applied for a Duldung. Is your lawyer familiar with the residency laws around non-EU family members?

Best,

Éanna

answered Nov 2 by mbeon-Éanna
The father his living here for like 9 - 10 years, also working and paying taxes
Then in my view, you are entitled to a residency permit (not a Duldung) based on the two options I outlined above, depending on whether or not you and the father are partners. Why did your lawyer apply for a Duldung instead of a residency permit?
I actually don't why he applied for such... I guess because they are asking for me to leave the country.
 I guess because my 90 days visa free is over. The Ausländerbehörde are asking for me to leave even tho they know I have birth to a Italian.
I living separately at the moment from the father.
Since now they consider me as illegal, how can I go about it and apply for my residence permit.
Is it possible for me to apply for it anyways..Cause I'm permitted to stay here for 90days with my Greek resident permit. I'm living here like 4 and half here, normally I have to inform dem before my 90days is due but the lawyer I paid didn't inform them about my child.

Now they don't care even tho my new lawyer informed dem about my child. They're still telling me to leave cause my 90days is finished and I'm now illegal.
His requesting for duldung cause overstayed my Visa in my Greek residence permit and didn't inform dem during the 90 days visa  that I gave birth with a Italian, so they no considered me as illegal and asking me to leave the country... The situation is confusing.
You can apply for it anyway. You have a legal entitlement to be here and they have to examine your application. It is also clear you cannot be seperated from your newborn child, German courts have ruled this is unreasonable. Therefore, as he has a right to stay, you hae a right to stay.

It is important to know that you do not have an entitlement to stay in Germany because your child is Italian. It is because his father has EU freedom of movenent rights and as a result of this your child has the right to stay in Germany. As I wrote above, it is because your are looking after a child with EU residency rights that you also have the right to stay. This rule is in Article 20 as outlined above.

I cannot offer legal advice on this and it is important you consult with your lawyer before taking any further steps. It may make sense for your lawyer to at first apply for the Duldung in order to bring you security and easier access to social welfare entitlements. But I recommend you find out if your lawyer has:

1. Applied for a residence permit for you
2. If he has, on what grounds
3. If he aware of the rule based on Article 20 of the treaty I mentioned
Thank you so much, I will do as you said.
I will inform my lawyer about it.
0 votes

Hello, 

thank you for your trust in Wefugees. I have already linked our experts and I am sure we will have more information for you soon. First of all, I would like to say that unfortunately we cannot give legal advice. We can only give you general information and of course hope to help you with your case. 

If I understood correctly, your application for asylum was rejected, did I understand that correctly? 
If asylum was applied for and rejected, you can make a follow-up application. 
Since you have given birth to a child, this is a circumstance that has changed since your first application. 

The Ausländerbehörde of your city is responsible for this application. We advise you to consult a lawyer you trust. 

You can also get help at a free pregnancy counseling center of Caritas. 
Here you can find the website: with your postal code you can find a counseling center near you. 

https://www.caritas.de/hilfeundberatung/ratgeber/schwangerschaft/als-auslaenderin-schwanger-in-deutschlan

You will need a birth certificate (Geburtsurkunde) or an extract from the Birth Registry (Auszug aus dem Geburtenregister). 
Here is additional helpful information on how to register your child if you do not yet have proof of birth. 

https://www.institut-fuer-menschenrechte.de/publikationen/detail/how-to-register-your-newborn 

We are continuing to be here for you. 

With warmest regards 
Saskia Miersch 

answered Nov 2 by Saskia Wefugees
I live  in Mönchengladbach, I have a appointment with the lawyer January 3rd 2023.
But he has appeal against the decision, asking them to give me Duldung 60A 2.
We are still waiting for they are reply.
I don't have any appointments cause they are ignoring my request.
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
4,542 questions
5,443 answers
7,354 comments
137,911 users