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German Law/illegal problem but child in Germany


Hi Moser. Am from middle east in 2011 my asylum was reject in norway than i move to dortmund germany living with my girl friend she is deutsch citinzen we had child together but am illegal can we go ahead to apply for resident permit.what will happens immigration findout about my status.

Hello Roland,

if your German girlfriend will cooperate, you can actually legalize your status.

You will have to acknowledge the paternity and both of you will have to sign a joint custody declaration. You can do both of these steps at the same time, at City Hall. There, they will ask you for identification. They might also ask about your immigration status, but they don't have to. It will depend on the local registrar if they pass on the information to the immigration authorities.

After signing the aforementioned documents, you will be able to apply for a family reunion residence permit based on having custody over a German child ( 28 I Nr. 3 AufenthG).

If the immigration authority in your city is really mean, they might try to deport you while they are working on your request, so you would need to be ready to file for a court order stopping the deportation. But in the end, they cannot prevent you from staying in Germany legally (if your girlfriend will sign the joint custody declaration), as you are the father of a German child.
How the immigration authority will react will also depend on which country you are from. If you are from Syria, no effort at deportation would be made. If you are from Jordan or Egypt, such a turn of events would however be an option.

I wish you all the best!

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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