Which residence permit can I get as an asylum seeker having a child in Germany (holding a residence permit)?

Question

Hi good day everyone..am an asylum seeker currently in Bayern. me and my girlfriend have a baby who just 6 months and my girlfriend have a resident permit 28 ABS. 1 S.1 NR.3 and my son have 33 I applied for a resident permit 25.5 and i was told that is the wrong permit that I need to apply for 36 and have check about this online and it’s for family reunification please how true is this 

Answer 1

Hi @Islito

The information you have is correct. You cannot get the residence permit 25,.5 as an asylum seeker. The permit 25.5. is for people who have had the temporary paper called a Duldung for at least 18 months and who will continue to stay in Germany.

You do not have an automatic right to a residence permit on the basis of your girlfriend or son. The residence permit 36 is for other family members but this is only issued in cases of exceptional hardship. It is also not possible to receive this permit while you are in the asylum process.

If you receive a negative decision in your asylum case, then generally a person in your situation will be given a Duldung as long as you have an ongoing relationship with your son. As I wrote above, after 18 months with a Duldung you can apply for the permit 25,5.

Best,

Éanna

Comments

Thanks for you reply am very happy to have a response.but I currently have a duldung.which have held for 6 months.which means I have to wait for 12 months before I can apply for 25.5 or can I apply for 36.1

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You're welcome. Yes, to get 25.5 you need to have the Duldung for another 12 months. You cannot get 36.1 as that permit is for parents of children with a refugee status if there is no other parent in Germany.

You can apply for 36.2. That permit is for all other family members but as I wrote it is only possible in rare circumstances in order to avoid an exceptional hardship. You would have to detail this exceptional hardship and provide proof.

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Thank you very much for your time I now understand.i will wait the rest 12 months out