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H3y my name is sajid ali and i was entering yo germany 2015 and than i take duldung in germany after 3 years and than i was going to italy and after 4 years later i take 2 years documents in itay and my german girlfriend is pregent 7 month and i apply for visa also i clear everything and now germany take out my old record and now im waiting and woman dotor say that in sptember the kid will born and when the kid is born i will take a documents fast or i have to wait more and how many chance i have to take a documents in germany
asked Jun 24, 2023 in Legal advice by Sam Gabrielle | 133 views

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Hi @Sam Gabrielle

Have you done the recognition of paternity (Vaterschaftsanerkennung) and declaration about child custody (Sorgerechtserklärung)? If so, have you given these documents to the embassy?

With those documents, your legal status after the birth of the child is clear. You have the right to a residence permit in Germany as the parent of a German child.

The embassy can also issue you with a visa to travel to Germany before the birth of the child. These rights to be in Germany before the birth are not as clearly defined by law. There are administrative guidelines to the immigration law that state that a visa can be issued to parents before the birth.

If you wish to come to Germany before the birth of the child, I recommend you communicate this clearly to the embassy. The relevant legal guideline is part 28.1.4 of the Allgemeine Verwaltungsvorschrift zum Aufenthaltsgesetz. It can be found here:

https://***.verwaltungsvorschriften-im-internet.de/pdf/BMI-MI3-20091026-SF-A001.pdf

Best,

Éanna  

answered Jul 5, 2023 by mbeon-Éanna
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