I have a criminal case and is expecting a child

Question

I have a criminal case of fighting with someone and is still expecting a child with my German girlfriend will i still get a resident permit when my child is born

Comments

@JOHNSON.M. Not having any criminal record won't stop Ausländerbehörde for telling u to go back to your homeland and come back with family reunion visa except you came to Germany with the right visa . For me, I don't have no criminal record , never fight with anyone , my file is clean but they still tell me to go back to my homeland and come back with family visa ... though just pray who is in charge of your case won't disturb u with that

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I'm actually having same issues with the Ausläbderbohörde. Asking my to go and come back with visa. How have you being going with your case, what advice can you give that kind of situation

Answer 1

Hi @JOHNSON.M. 

Foreign parents of a German child are entitled to a residence permit according to paragraph 28 of the Aufenthaltsgesetz (immigration law). A condition of this is that you have a relationship with the child and are involved in caring for them. Have you and your girlfriend done a declaration of paternity (Vaterschaftsanerkennung) and declaration of shared custody (Sorgerechtserklärung)?

Criminal convictions (i.e. not an ongoing case but once a case is finished and a person is judged guilty of a crime) can have an influence on whether a person is issued with a permit. However, the authorities have to weigh up different factors when deciding whether to issue or not to issue a permit. The fact that you will be a family member of a German citizen weighs very strongly in favour of you receiving a permit. You would have to receive a serious conviction in order for it to play a role in your case.

As regards the comment above, you are not required to leave Germany and apply for a visa for family reunion.

Best,

Éanna