I'm illegal in germany if have german girl friend and child i have vatershaft how can I get residance permit

Question

How can I get residance permit where i go for safety plss help

Comments

please rewrite your question.

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Hi may o know how was your Vaterschaftsanerkennung ? Did ask question? When did you do please ?

Answer 1

Hi @Pargat

You may be entitled to a residence permit as the parent of a German child. However, it is not enough to just be the father (confirmed by having the ‘Vaterschaftsanerkennung’) but also to have custody (Sorgerecht) and care for the child. This can be either by living together with the child or providing financial support and having regular contact with your child.

The relevant section of the law is paragraph 28, section 1, number 3 of the Aufenthaltsgesetz, here in online translation:

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

You therefore apply for a residence permit in accordance with this paragraph with your local immigration office (Ausländerbehörde).

Staying in Germany illegally is a crime and you may be prosecuted for this. Also if you came to Germany illegally, which is likewise a criminal offence.

You may also be told that you can be issued with a residence permit but only if you first leave Germany and return with the correct visa for family reunification. Depending on the age of your child, you can argue that this is an unreasonable requirement and that you should be given the permit without having to leave the country.

Best,

Éanna

Comments

Hii auslanderbehorde say me go back to your country and bring vise from there what can I do i make asylum or advocate what can I do help pls

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Hi @Pargat 

It is not clear what you mean by they told you to go back to your country and get a visa. They told you this in person or they have rejected your application for a residence permit based on paragraph 28? A person usually has to leave and go through the visa process in their home country. However, if you have a young child, then you can argue that it is unreasonable for you to have to do this as it would mean a long separation for the child from their parent. The authorities still have discretion based no the individual situation. Here is an article (in English via online translation) that explains these rules: 

https://***-rechtsanwaltskanzlei--oeztuerk-de.translate.goog/zumutbarkeit-der-nachholung-des-visumsverfahrens?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp 

If your application is ongoing, you can make the point about the potential separation between parent and child to them as part of the application. If they have rejected your application, then you can appeal this decision in writing. If this appeal is also rejected, you can file a legal action called a ‘Klage’ with your local administrative court. If you plan to take legal action, then you should consult a lawyer before doing so.

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No they no reject but they before give me 2 months country leave letter becouse they say we give u now this only and yesterday 2 month was complete and they say your entry is not legal in germany and you can send mail in your country german ambasy and tell your child is here and you want to stay with your child and I need a legal entry visa and auslanderbehorde say no problm we can renew evrymoth this contry leave latter till you not have german ambasy appointment and you can go back and take visa and them come here this is legal entry what can I do now i not want to go back or I make asylum?

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Please help me what can I do ... I take lawyer or I just wait becouse they say nxt month they want to see I send email to german ambasy in my. Country for visa they need legal entry or I make asylum in dont understand what can I do now im afraid they deport me

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Please help mee

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I can only really refer to my previous answers. In general, a person in your situation has to leave the country and go through the visa process. An exception can be made if the person is a parent of a small child but the authorities have discretion based on individual circumstances. If the application and appeals process has now ended, then in my view getting legal advice on how to avoid having to leave the country is the best option. I do not see what benefit applying for asylum would bring unless you have grounds for seeking asylum. As a parent of a German child, it is highly unlikely you would be deported, as long as you have an ongoing relationship with the child. We cannot provde legal advice here.