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Good Day Wefugees,

My family recently received paragraph 25 Abs 5 (7) I mean my son and my partner and we are sole family but my asylum as rejected some years unfoundly.

Could the residents permit implies to me as I have sole custody and Vaterschaft and also the child bears my surname/same address.

Can i apply for a residence permit as a father to this same child?

Thank you.
asked Apr 5, 2023 in Legal advice by Chiefpriestgambino | 296 views

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1 Answer

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Dear @Chiefpriestgambino,

Welcome back to the Wefugees Community and thank you for reaching out to us again.

As a father of a child holding a residence permit in Germany you could try to apply for a residence permit as well ("zur Ausübung der Personensorge", if I am not mistaken). We discussed this topic already a few times on this platform. You may want to check, for instance, this thread for further information. The issuance of the respective residence permit is at the discretion of the immigration office (Ausländerbehörde).

I assume you share the custody, right? You don't hold the sole custody?

Depending on your individual circumstances (work, length of stay in Germany etc.), you may be eligible for another kind of residence permit (regardless of your family situation) as well.

I would recommend you to seek individual counselling at a refugee support centre/counselling office. Please let us know if you need help with researching some addresses.

All the best,

Meike

PS.: I saw that you opened a second thread with a similar question. In order to keep a better overview and information in one place, I closed that one. I hope this is okay for you.

answered Apr 9, 2023 by Meike
Thank you so much Meike

Yes I have sole custody.

I have living together with the said child for 3years now also my biological child .

I ve been in Germany since feb 2018.
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