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Hi , I am 4months pregnant by my German boyfriend and he has just a few days ago engaged me so he is my Fiancé now and he wants to marry me. Only problem is i came to Germany illegally from Czech Republic . I have no papers and Not a single legal document. Which also means we can’t get married. He has signed the Vaterschaftsanerkenung and i am ready to go to asylum, however am scared to go now because i feel i will be deported back to Kenya because my pregnancy is still too early . Can someone advice me at which month in my pregnancy is the best time to go to the asylum where at least i have some guarantee they will not deport me? I’ll appreciate any advice. Thank you 

closed with the note: Found help
asked Oct 27 in Asylum proceedings by Katetwo2 | 474 views

1 Answer

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Hi @Katetwo2

If you wish to apply for asylum, then you can do so at any time. You can first get advice from an advisory service on the asylum process called ‘Asylverfahrensberatung’. When people apply for asylum they must first stay in a facility called an initial reception centre ‘Erstaufnahmeeinrichtung’. However, as you are pregnant, you are considered a vulnerable person and so the authorities have to find more suitable accommodation for you.

However, from your question it seems you only wish to apply for asylum in order to be able to stay in Germany. It is not necessary to apply for asylum or get married in order to stay. You will have a German child and so after the birth have the right to stay here. You can also be allowed to stay here before the birth. For example, if you were now in Kenya, the German embassy there would have to give you a visa to come to Germany even before the birth of the child. They visa is given between months 4-7 of the pregnancy.

In your case, you are already here but do not have any papers. Because of the rule about a visa during pregnancy, you can ask the immigration office (Ausländerbehörde) for a temporary paper that allows you to remain here legally. This paper may have a name like ‘Fiktionsbescheinigung’, ‘Bescheinigung über den vorübergehenden Aufenthalt‘ or ‘Duldung‘. Once the child is born, you can receive a regular residence permit as the parent of a German child. You have to provide the Vaterschaftsanerkennung and your passport. Also, if you have it, the declaration on shared custody ‘Sorgerechtserklärung’.

A common issue that comes up in such cases is not having the correct visa. This means that the immigration office tells someone they fulfil the requirements for a residence permit but as they did not come to Germany with the correct visa, they are told to first leave the country and go through the visa process before they can come back and be issued with a permit. If this happens, then you should point out that you have a young child and as a result cannot leave Germany for an extended period. It is generally seen as unreasonable to require the parent of a young child to leave and do the visa process.

You need to make sure you get the medical attention you need. As you do not have health insurance, you can go to special organisations that provide healthcare to people in your situation. The organisation Malteser provides this service in many parts of Germany:

https://***-malteser-de.translate.goog/menschen-ohne-krankenversicherung.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Depending on the type of temporary paper you get from the immigration office, you can then get healthcare covered by the Sozialamt.

I recommend you also to speak with an organisation that helps pregnant women in your area. This is called ‘Schwangerenberatungstelle’. For example, they can help to apply for money from a special fund for pregnant women in difficulty called ‘Bundesstiftung Mutter und Kind’. Here you can search for one:

https://***.familienplanung.de/en/counselling/find-counselling-centre/

It is important you are aware that both illegally entering Germany (illegal Einreise) and illegally staying here (illegaler Aufenthalt) are crimes and so the authorities may begin criminal proceedings against you. If they do so, this will likely result in a fine to pay unless you have had other legal issues also.

Please note that the advisory services I mentioned are confidential and for free. They will assist you even if you at present do not have the right to be in Germany.

Best,

Éanna

answered Oct 28 by mbeon-Éanna
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