SIS alert by Germany for rejected asylum seekers

Question

I'm living in Germany as a asylum seeker with my family. Our asylum application is rejected and and we are about to register an appeal. My wife is 4 months pregnant and she is considering to move to Portugal from here along with three children. Once child birth happens there the child would result into TRC card for parents. But problem is that when Germany will become to know that the person isn't present in Germany, I'm afraid that it will include her name in SIS. How likely is this scenario? And if included, how will it impact her residence in Portugal when she would require to renew her card. Also the child can get a passport after one year of birth. Would still she can face problems after having a child with Schengen passport?

Answer 1

Hi @Zeshanbajwa

You write that if your wife gives birth in Portugal, this will result in a TRC card for her. Do you have a source for this information? Also that the child will get a passport after one year of birth?

From what I have read, the situation is the other way around. If a child is born to a foreigner with a TRC in Portugal, then the child is entitled to a TRC. On what basis will your wife be entitled to a residence permit in Portugal?

I have found this information on this website on the Portuguese government (in English via online translation):

https://aima-gov-pt.translate.goog/pt/viver/menores-filhos-de-cidadaos-estrangeiros-titulares-de-autorizacao-de-residencia-nascidos-em-portugal-art-122-o-1-al-a?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

I did not find any other permit from this list that may fit your situation:

https://aima-gov-pt.translate.goog/pt/viver?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Asylum seekers are obliged to remain in Germany throughout the course of their asylum case. I cannot advise on the possible consequences of going to Portugal and applying for a residence permit.

Best,

Éanna