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Im living and working in Germany for already 6 years but i just have Aufenthaltserlaubnis. I gave birth last Oct. To my beautiful daughter.
My boyfriend who is also the Father of my child is a Bosnian citizen. He is not legally registered here in Germany but he lives with me and my daughter. My daughter has his Familienname and decided to have the Bosnian citizenship since she dont acquire german citizenship.
Its already 2 months since we submitted our BC and personal ausweiss in Standesamt for the birthcertificate. I already call Standesamt many times but they said they are still waiting the reply of Ausländerbehörde (maybe checking also our identity) but as i said my Boyfriend is not registered. Is there a possibility that i wont received my daughters birthcertificate because of my boyfriends status tho im legally reside and works in Germany? Thanks
asked Dec 5, 2022 in Legal advice by Jj061987 | 113 views

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Dear @Jj061987,

Congratulations on the birth of your daughter!

The status of your boyfriend does not affect the birth certificate. What can cause the delay is having both your documents checked to verify your identity. This can take some time.

Until the birth certificate is issued, you can ask the Standesamt to immediately issue you with a copy of the birth registration. In German this is called ‘Auszug aus dem Geburtenregister’ and must be issued in a situation such as yours. This birth registration allows you to receive Kindergeld and Elterngeld.

The Standesamt will have informed the Ausländerbehörde about your boyfriend. They will contact him and most likely order him to leave Germany. When this happens, he should send the Ausländerbehörde a copy of the birth registration or birth certificate abnd request a residence permit as a family member. However, he will only be able to stay if he can show his living costs are covered.

The Ausländerbehörde may request him to leave Germany and apply for a visa as a family member to return here. This is not correct as he has a young child and so can be issued with a permit directly here without leaving Germany.

Your daughter is entitled to a residence permit according to paragraph 33 of the Residence Law.

Best,

Éanna

answered Dec 6, 2022 by mbeon-Éanna
Thank you a lot now i didnt know that, atleast i can request a temporary bescheinigung ao that i can apply for kinder and elterngeld and for die krankenkasse..
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