As a Duldung holder father and mom with residence permit 25A ABS.1 How can I and my daughter get residence permit?

Question

My girlfriend gave birth last 3 months

1. I have made a vaterschaft and Sorgerecht and she have my surname on her birth certificate but we are not stay in the same city

2.I have duldung since 2019 and I have been working with it for 3 years now

3. I don’t receive any benefit from the government and have been paying for my daughter unterhalt 312 euro for every month

4.My passport is with Auslanderbehörde

​5.My daughter haven’t receive her resident permit yet because they are requesting for my president permit but I’m holding Duldung

Answer 1

Hi @Mack10101“

Your daughter can be given a residence permit according to paragraph 33 of the Aufenthaltsgesetz because her mother has a residence permit. In paragraph 33 there is a distinction between children where both parents have a residence permit – here the child must be given a permit too. In cases where only one parent has a permit, the child can be given one to but this is at the discretion of the authorities.

You can be issued with a permit according to paragraph 25, section 5 of the Aufenthaltsgesetz. This is a humanitarian permit which can be given for various reasons, such as a having a child here. As you are not living in the same city, the authorities may wish to see evidence that you have an ongoing relationship with the child. It is good that you have the Vaterschaft, Sorgerecht and are supporting financially, but they may also need to see you have contact with your child. You may also be entitled to a permit according to 25A or 25B.

Best,

Éanna