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Please advice . I have Aufenthaltsgestattung and Ausländeramt in Stadt Bonn request for my passport since I made an Antrag for Aufenthalt as a father to a German child . I gave all the documents, German passport for the child , birth certificate, Vaterschaft, sorgecht etc now they request for my passport because am still under asylum and I don’t have to be in possession of my country passport. Though I did the passport recently to enable me have the Geburtsurkunde at the standesamt . Should I submit it ? Is this a danger for me ?
asked Mar 22, 2023 in Legal advice by Clarion | 441 views

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Dear @Clarion,

I assume you have withdrawn or plan to withdraw your asylum application in order to receive a permit as a parent of a German child.

To firstly clarify about the asylum process: it is true that an asylum seeker is not obliged to obtain a passport while still in the asylum process. If, however, they are already in possession of a passport, they are obliged to submit it to the authorities.

Possessing a passport is a requirement to receive the permit as parent to a German child. If you have a passport, you are obliged to submit it. If you have already submitted it to the Standesamt, they may have already shared this information with the Ausländerbehörde as authorities are in some cases obliged to share such information.

The permit as parent of a German child is a legal entitlement if you have custody rights. This means there is no discretion available on the part of the authorities whether to issue it or not, unlike with other types of permits. They could only refuse it in cases where a person has been involved in serious criminality.

Best,

Éanna

answered Mar 29, 2023 by mbeon-Éanna
Thank you Mr Eanna for your answer. Please what is the process of withdrawing the asylum . Also I don’t have any criminal record. They also requested for my work contact and pay slips for 3 months . All these documents I submitted to the foreign office

Hi @Clarion,

You can continue your asylum application after receiving a permit as the parent of a German child. It depends on your individual circumstances whether this is a good idea for you. There may be some advantages to potentially receiving a positive decision and receiving a refugee status (for example with relation to family reunification or getting permanent residency in the future).

Having a job or a certain income is not a requirement for a permit as the parent of a German child. If you do have a job and have submitted documentation to the Ausländerbehörde that is not a problem but be aware they cannot refuse your application by saying you do not earn enough, do not have a regular income, or any reason like that.

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