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My girlfriend is german and she is pregnant with it our baby but I live in italy I'm asylum seeker im thinking
 of going to Germany to seek asylum so I can stay with myfriend i want to know when the baby is born can i have a resident permit because of the baby
asked Dec 3, 2023 in Legal advice by sparo17 | 271 views

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Hi @sparo17

If you seek asylum in Germany you will be returned to Italy under the rules of the Dublin Regulation.

It is true that as part of the Dublin procedure, the authorities have to examine any reasons why the person’s asylum case should be heard in Germany rather than Italy. Having family members in Germany can result in the asylum case being processed there but until the birth of the child you do not have any family members in Germany.

In my opinion, it makes more sense to apply for a visa for family reunification from the German embassy in Rome. This can also be issued before the birth of the child in order for you to move there already during the pregnancy.

To get this visa, you and the mother will have to do a recognition of paternity (in German ‚Vaterschaftsanerkennung‘). This must be done in person at the embassy.

Here is information about the recognition of paternity via online translation:

https://italien-diplo-de.translate.goog/it-de/service/07-KonsularinfoA-Z/-/1589790?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Once this is done, you can apply for a visa. Once the child is born, you can apply in Germany for a residence permit as the parent of a German child. You can also subsequently submit an asylum application in Germany if you wish.

Best,

Éanna

answered Dec 11, 2023 by mbeon-Éanna
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