354 views
Im ilegal in Germany and my german wife will give birth soon , i am married aswell. Do i get my residence if in illegal when my child gets born ? And i have an expulse for a year. Thank you.
asked Nov 6, 2023 in Other Questions by Michaellaac | 354 views

Please log in or register to answer this question.

1 Answer

0 votes

Dear @Michaellaac

If your marriage is recognised by the German authorities, then already now you have the right to residency in Germany due to being married to a German person. Is there a reason you did not apply for this before now? For this permit, however, you would have to first leave Germany.

You will also be entitled to residency as the parent of a German child. If your marriage is not recognised, you will have to do a recognition of paternity (Vaterschaftsanerkennung). The authorities will most likely tell you to first leave the country, then apply for the correct visa (family reunification) at a German embassy before coming back. In the case of parents of infant children, this request is not reasonable and so the authorities should process your applicaton here.

I do not fully understand what you mean by having an ‚expulse‘ for a year. I take it to mean that a year ago you were told to leave Germany and did not do so. You may face some legal consequences as a result of ilegal residence (in German ‚illegaler Aufenthalt‘). Nevertheless, the right to family unity is very strong in German law and so a person who is the family member of a German can only be refues a permit for very serious crimes. We cannot provide legal advice on this site.

Best,

Éanna  

answered Dec 5, 2023 by mbeon-Éanna
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
5,213 questions
6,231 answers
8,082 comments
139,203 users