Residence permit §28

Question

Good morning to everyone

Please i applied for a residence permit under §28 as father of a German citizen on 19 Nov 2025 i submitted every necessary documents custody and Vaterschaft including my girlfriend signed statement with her ID that i has been taking care of her and my child since pregnancy and my A2 certificate and am writing B1 next month but am yet receive any feedback from immigration office, and my asylum appeal is pending at administrative court must I withdraw my asylum before my application will be process and should i send them a reminder message since is now 7 weeks and i also believe §28 is entitlement permit and i care for my child very good and i has Aufenthaltsgestattung now and am still living in asylum house but not in camp and i stated in my application statement that i want to live together with my son once the authority approve my application

Answer 1

Hi @Chubby

You do not need to withdraw your application for asylum. You can receive a residence permit under § 28 while your asylum case continues. This rule is based on paragraph 10 of the immigration law (Aufenthaltsgesetz) which covers such circumstances:

https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0192

You’ll see in section 1 that it mentions additional requirements in cases other than where there is a legal entitlement. As you have correctly mentioned, the resident permit for a parent of a German child is an entitlement permit (in German ‚gesetzlicher Anspruch‘).

For the resident permit as a parent to a German child you do not require any level of German.

I do not see any reason why your application should need to take any longer so yes you can send them a reminder message. If for some reason there are additional questions on your application for § 28, you could for now make a separate application based on your current Aufenthaltsgestattung to move in with your girlfriend and child. This application is called ‚Änderung der Wohnsitzauflage‘ and is accepted to allow family members to live together. This would provide additional proof of your relationship with your child if necessary, although the fact that you have confirmation from the mother of how you are caring for your child then this is already sufficient.

Best,

Éanna

Comments

Thank you so much for this beautiful answer
I has already sent them post with einschreiben und Unterschrift for reminder and also told them on my letter for immediate update on my application, but i have the right to file a lawsuit against them after 3 months of my application because it will be 3 months February 19