A friend need legal advice asap

Question

A friend of mine need legal advice,she is having triplets girls recently in a month ago and the kids are still in the hospital since they were born 30 weeks premature but the good news is these kids are doing extremely well and the social warfare of the hospital has given her a place 'eltern hotel'  to stay and even promise her to give a place to leave with her girls after they are been discharge since she is no more with her boyfriend and the father to these girls is a British Citizen staying here in Germany for almost 13 years  and also working here but the man perform his duties a father and he is taking responsibilities to that and they have done with the vaterschaft of the kids at jugendamt with their birth certificate but the only worried for the mother is when she was pregnant she didn't seek for asylum and she has never seek any immigration check point or taking fingerprints across any country in Europe before,she came by land "illegal stay" and her worries is she be visiting Auslanderbehorder soon and she doesn't know what to do

Answer 1

Hi @Adusepoku88,

Firstly, we are not lawyers on this site and so cannot provide legal advice. I can only offer some information about the law based on the information you have provided.

A question from me is: on what basis is your friend being promised a place to live after she leaves hospital? On what basis are the costs for this being covered? Who has covered her medical costs, presuming she does not have German health insurance?

I ask this because generally the social welfare authorities have to clarify a person’s immigration status before granting them assistance in the form of housing or money. They will only assist those who are entitled to such help.

I am assuming the father has a long-term residency in Germany after Brexit. This is called Aufenthaltsdokument-GB and should be written on his residence permit (Ausweis).

You mentioned the Vaterschaft. Did the parents also do a declaration of shared custody (in German ‘Sorgerecht’)? If so, there is a better chance of the children receiving a residency status due to his status. He would have to show he is able to provide for them financially and has regular access to them.

For the mother it is more difficult. For her to then get a permit based on the children as their family member she would have to show that otherwise it would be a case of extraordinary hardship. Alternatively, she could request a permit based on humanitarian reasons. There may be a situation where she is issued with a Duldung (not a full residence permit) for humanitarian reasons on account of the children.

Due to the way she came to Germany, it is likely she will be told to return to her home country and apply for a visa as a family member at the German embassy there. However, this is not correct. As the parent to three newborn children, she cannot be expected to leave them in order to go through a visa process. The local Ausländerbehörde have to process her residency application here.

She can get more detailed information and assistance in dealing with authorities from a migrant advisory service. Here you can search for one in her area:

https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/

Best,

Éanna

Comments

Thank you very much but she is under the care of humanitarian'so I think they cover the expenses of her medical cost and the eltern hotel she is staying as it is now and the ex boyfriend has done family insurance covering the kids and with the sogerecht both share 50/50 .So another question is will these tripplet qualify for British passport as the father is a British citizens?

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You're welcome. I recommend that she clarifies with this humanitarian organisation how long and which costs they will continue to cover for her. In my experience that kind of assistance is short-term and limited to the most urgent situations (i.e. hospital costs for giving birth). Longer-term such an organisation should be looking at how to link her up into the regular German welfare support services. For example, via the Jobcenter or Sozialamt.

The requirements for British citizenship in this case are outlined here:

https://***.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006

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Good day wefugees family,my friend went to the Auslanderbehorder and they took all her documents including her passport,the triplets birthday certificate,the vaterschaft and sogerecht .They gave everything back excluding of her passport and they gave her bescheinigung and told her on her next appointment,she should bring 2 biometric picture and I wanted to know what does that means?

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Congratulations to your friend.. it means they are giving her residence permit.

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But is it normal to keep the passport?

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@Adusepoku88

I cannot say to what extent it is normal or not but it is possible within the immigration law to retain a person's passport as part of the process of issuing a residence permit. It is covered in section 1 of this paragraph of the Residence Act (here via online translation):

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__48.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

The Ausländerbehörde will send her a written decision about whether to issue her and/ or the children with residence permits. For now she has to wait for that decision.

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The Auslanderbeholder didn't tell her that they will issue her any writing form since she dont have a place of registration yet ,they only gave her bescheinigung and photocopy
of  her passport to go to sozialamt office,to open her bank account and etc but told her by speech and also in the written form in the bescheinigung to bring 2 biometric picture on her next appointment date as stated.So is it any application they are using the hard copy book to do?

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If she is not registered yet in the place she is living, then she should still provide an address she can be reached at. For example, if the Ausländerbehörde need to send her something. She can use a friend's address using the form 'c/o'. If she has a Bescheinigung, then that would indicate to me that she will be issued with a permit.

I do not know why she would go to the Sozialamt. If she is being issued with a residence permit, then the Jobcenter is responsible for her.