What is the next for the mother.

Question

What is the next for my resident permit after given birth to a child whose father is holding a Niederlassungserlaubnis § 9. Any possibility for me to get § 25 or other types of permit. Remember I am currently under Asylum procedure and my current paper is not Duldung.

Answer 1

Hi @LuckyD

Has the father been legally resident in Germany for at least 8 years? If so, the child will have German citizenship and you are entitled to a residence permit as the parent of a German child.

Otherwise, the child will presumably be issued with a permit according to paragraph 33 of the Aufenthaltsgesetz. The only possibility for you to receive a permit in this situation is according to paragraph 36, section 2 of the Aufenthaltsgesetz. This law is for parents of foreign children who have a German residence permit. It is only issued in cases of extreme hardship (most commonly if the parent or child are in need of special care) and requires the livelihood of both to be secure (i.e. not receiving money form Sozialamt or Jobcenter).

Under section 25, which are permits for humanitarian reasons, there is the option of paragraph 25, section 5. This permit is given to people who have a Duldung for humanitarian reasons (e.g. because they have a child who is legally resident here). The person first has to have had a Duldung for 18 months before they can be issued with this kind of permit.

Best,

Éanna

Answer 2

Thank you all @ Wefugess for your wonderful work here . You guys are amazing and  great legal luminaries.  At last the mother of my baby got §25 abs 5 AufthG but my question is, can she travel to home country from Germany with this humanitarian document and her country passport.

Answer 3

Dear @LuckyD,

Thank you for your question - we discussed the issue of travelling to the country of origin with a residence permit according to section 25 (5) here before as well. Since this type of temporary residence permit is granted "if departure is impossible in fact or in law and the obstacles to departure are not likely to be removed in the foreseeable future", the holder of this residence permit may risk to lose it when actually travelling to the country of origin. I assume that you should carefully discuss the individual situation with a lawyer and/or the immigration office.

I hope this helps and all the best,

Meike