Can I get a residence permit as father of a EU-citizen?

Question

Can I be granted resident permit in Germany if my child is an Eu citizen. And I have Vaterschaft and Sorgerecht, My Girlfriend is also an Eu citizens who has lived and work in Germany for about 5-7 years now 

Answer 1

Dear @Kk,

Welcome tot the Wefugees Community and thank you for reaching out to us.

Unfortunately, I am not an expert on the EU/Freedom of movement laws. But my colleague Éanna answered a similar question here before. I am afraid that we can not give a yes or no answer here (as we also don't have the full picture of your case). But as far as I understand (and based on the information you shared), you may be able to obtain a resident permit as family member of an EU citizen. If your girlfriend actually meets the criteria for the freedom of movement (and subsequently your child), can be assessed in detail i.e. at a migration counselling office (as it can get quite complicated).

Do you agree dear @mbeon-Éanna?

In any case, please don't hesitate to get back to us with any further questions.

All the best,

Meike

 

Comments

Hi @Kk 

I’d just like to add to my colleague’s answer and my previous answer to a similar question which she referenced. 

You have two options to obtain residency: 

1. As the partner of your girlfriend. Under EU law, a couple does not have to be married in order for the EU citizen to bring their partner to Germany. It is enough if you are in a long-term relationship. The authorities have to **** at your entire situation to consider whether it is a long-term relationship. Generally this is considered a period of two years. If you have been together this long, you will have to provide evidence (e.g. shared rental contract, bills etc.). However, it is also possible to be considered long-term if you are together less than two years. The fact that you have a child together is a strong indication that you are in a long-term partnership. 

2. As the parent of an EU citizen child. This is somewhat more complicated. Basically, as your girlfriend has worked in Germany, she has certain rights. Her child automatically also receives these rights. You can also receive these rights (as described above). It is not possible for the child to pass on these rights to another person (i.e. you). You can, however, receive a permit under certain circumstances if you can show you are involved in the child’s life and **** after them. Being able to financially support the child also helps but it is not an absolute requirement. 

In either case you may be told you need to first apply abroad for a visa for EU family reunification. This is not true. 

Best, 

Éanna