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German Law/how to obtain a resident permit after having a deutsch baby


I came to German in 2013 as an asylum seeker from Uganda.  I meant a Germany man with whom i had a baby. Now the baby has a deutsch pass but my asylum case has never been heard and they say i should cancel my asylum application so that i can obtain a resident permit on the grounds of having a deutsch baby..Please advise..Thanks

ANSWER: As the mother of a German baby living in Germany, you are entitled to a residence permit according to 28 I AufenthG. Whether you should cancel your asylum application depends on the chances of it being approved, but you don't need it in order to stay in Germany.

Andreas Moser

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QUESTION: Thanks so much for your help, I was given my resident permit.. Now i have another problem. I had decided to stay with the father of the baby and i was transferred to another landkreis. But we are having problems and it's not working out for us. I don't have any contact with the government cause it's the man that was comnunicating with the government on my behalf. Would you please help and advise me on my rights.  I have 2 years renewable resident permit.

Thanks in advance.

As long as you will have at least shared custody of your child and the child remain in Germany, you will be entitled to a residence permit based on that. You do not need to live together with the child's father for that purpose.

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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