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Hello

I am a Hungarian Citizen, I’ve been in Germany 7+ years so I and my partner have a 2 year old child together and he came to Germany and seeked asylum in 2021  (he was an asylum seeker in France for 4+ years and got negative). After our child was born the lawyer told us since we have our address together and I am not German I have to go to work so he can have residence permit so I did for 11 month. He’s working now since 3 month

We have been having a lot of trouble in our relationship so I would like to know if he’d continue to get residence permit if he moves out. (he has shared sogerecht and Vaterschaft anerkannt)

Thanks

Best regards

Cassandra
asked Dec 9, 2023 in Asylum proceedings by Cassandra | 346 views

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1 Answer

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Hi @Cassandra

It is not clear to me on what grounds your partner already received residency in Germany. It is correct that if an EU citizen works in Germany, their family members have the right of residence also. This is why your child has the right to be here.

The partner of an EU citizen can also receive residency but only if they can prove they are in a long-term relationship (generally at least two years). Here is more information on this:

https://***-eu--gleichbehandlungsstelle-de.translate.goog/eugs-de/experten/newsletter/aufenthaltsrecht-fuer-eu-buergern-nahestehende-personen-1940828?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Therefore, I do not know on what grounds the father received a permit. However, he can continue to have a residence permit after moving out. His permit will not be based on you but on the basis of his relationship with the child. He needs to prove that he has contact with the child, is involved in the childcare and since he is working, is providing financial support.

The question of residence permits for non-EU parents of EU children is a complicated one. There is much confusion among the authorities and advisory services about in what cases it is possible. I encourage you to check any information you receive on this.

Best,

Éanna

answered Dec 11, 2023 by mbeon-Éanna
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