Question

asylum seeker applying for a residence p. having a child with my german gf, should i cancel the asylum process,

Answer 1

Dear @Evans2020,

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

This very important question as well as the order of the required steps should definitely be discussed with a lawyer or an experienced counselling office! Every case is different and needs to be assessed individually. Here on this public platform we can just deal with general questions (we are no lawyers either). I hope you understand.

You may use this search engine to find a counselling office close-by.

However, it will be essential that you recognise the paternity officially (if you haven't done it already).

Please also don't hesitate to get back to us with further (maybe less case-by-case level) questions.

All the best,

Meike

Comments

Hi @Evans2020, 

I'd just like to add to my colleague's answer. It is definitely a good idea to get some specialised advice on this. But I wanted to let you know that you are not required to cancel the asylum process. To be entitled to a residence permit it is generally required to both do the reconigtion of paternity 'Vaterschaftsanerkennung' and declaration of shraed custody 'Sorgerechtserklärung'. 

You would then be entitled to a resident permit according to paragraph 28, section 1, number 3 of the immigration law (Aufenthaltsgesetz): 

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__28.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp 

Paragraph 10 of the immigration law covers if and when it is possible to receive a residence permit while an asylum process is ongoing: 

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__10.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp 

In section 1 it states that it is possible in cases of 'legal entitlement'. Being a parent of German child is such a legal entitlement. 

An example of when it would not work is, for example, if an asylum seeker started studying at university and then asked for a residence permit as a student while continuing the asylum process. This would not be possible as there is not a legal entitlement to a residence permit for studies. 

You can get your residence permit and await the outcome of the asylum case. But it is a complicated area and so certainly good to get some additional advice in person specific to your case. Please note the links to the legal texts are in English via online translation. 

Best, 

Éanna

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All formalities have been met, unverteilung was granted and living with my family since November, my lawyer told me to apply for a resistance permit due to my 9months old child said it will take 3 months to be process. My aufenthaltgestatung was extended until August, with Arbeitserlaubnis. The Ausländerbehörde last week sent me an email and a form to sign if I want to cancel my asylum case since I requested for a residence permit cater for my child, if there would not be any problem,then I will sign it,since my lawyer has not responded to me and your answers helps. Thank you very much for your help and support.

Best regards
Evans

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Thank you so much for adding these information! Very helpful, dear @mbeon-Éanna!