Can i apply for residence permit to stay with my child in Germany?

Question

My Girlfriend have now apply for 25b residence.  We are not married.  And my child is 10months old. He have 33residence. 

My Girlfriend is living in Germany for 7 years now. How can i apply for residence permit becaouse of the child to stay with my Girlfriend and the child. While i'm in Germany to apply for residence permit. I'm from Serbia

Answer 1

Dear @Adrian,

Thank you for your question - my colleague Éanna was answering a very similar one last year here.

He explained that you may be able to receive a residence permit according to section 25 (5) of the German Residence Act (as far as I know, the the decision on your application is at the discretion of the immigration office and you are not legally entitled to it)  - a humanitarian permit which can be given for various reasons, such as a having a child here.

It will be important that you officially declare the paternity, share the custody and actually see the child. The authorities need to know that there is an actual relationship between you and the child.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

Comments

Yes i understand that. But can i apply this residence permit while i'm in Germany. Is this possible. Or do i have to go to my country and to apply in the ambassy. Thank you very much for reply.