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I came to Germany on a national visa and married my German wife in a religious ceremony which I know is not accepted by the German government. Now my wife is pregnant in week 15 and we have already an appointment for the Vaterschaft. My visa ends in one week. Please advise me on how I can stay and have a residency.
asked Jul 21, 2023 in Legal advice by Donwaleed | 447 views

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3 Answers

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Why you not just register you marriage in Standesamt or for faster process get married in Denmark and the let the process starts itself in Germany ?
answered Jul 26, 2023 by helios
0 votes

Hi @Donwaleed

You can apply for a residence permit according to paragraph 28, section 1, number 3 of the Residence Law (Aufenthaltsgesetz. This is for parents of German children. When you have the Vaterschaft, send it with an application for residency to your local immigration office (Ausländerbehörde). Ideally you will also do a declaration on shared custody (Sorgerecht) which you should also send.

While you are entitled to a permit, the authorities may insist on you leaving Germany and coming back with the correct visa. As the child is not born, it may not be possible to avoid this. The closer it is to the birth, the more likely you will be allowed to stay and be issued with a permit without having to leave the country. Once the child is born, you have a clear right to have your application processed without leaving the country. This is because the courts have ruled that it is not reasonable for a young child to have to be separated from a parent due to a visa process.

For the time period leading up to birth, however, it is less clear. You can **** at my answer here to a question about visas during pregnancy for some guidance also:

https://***.wefugees.de/816148/pregnant-with-a-german-baby-can-my-visa-process-be-expedited

Best,

Éanna

answered Aug 11, 2023 by mbeon-Éanna

It's great to understand more about Visa extension laws. Thank you for sharing so I can easily learn. I am planning to go to Germany to continue my studies. 

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Do you know the religious marriage ceremony you described is not considered a legal marriage under German law?

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HI Thaks for the idea
0 votes

Given your current situation, it's imperative to take immediate steps to address your visa status and ensure your ability to stay legally in Germany. Since your visa is expiring soon and you've married your German wife in a religious ceremony not recognized by the government, it's crucial to consult with an immigration lawyer or an immigration office as soon as possible. They can provide personalized guidance based on your circumstances and Wunschkennzeichen advise you on the appropriate steps to take. It's important to gather any relevant documentation, such as proof of marriage and pregnancy, to support your case for residency. Additionally, be prepared to discuss alternative visa options that may be available to you, such as a family reunification visa. Time is of the essence, so don't delay in seeking professional assistance to navigate this complex process and secure your legal residency in Germany.

answered 6 days ago by steve7876
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