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German Law/Residency permit as mother of German child

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Question
Greetings Andreas,

Herewith Question 2: Your quota for the day.

I am the mother of a daughter born in South Africa, who is also a German citizen (her father).

I would like to travel to Germany more frequently, perhaps study or work, and live there for part of the year. It would allow my daughter and her dad to spend more time together, even though he and I are no longer in a relationship.

Every time we do travel, her father is the gatekeeper. He has to support my travel with letters etc for a visa. This process in itself is cumbersome. Since we are no longer together, this feels awkward and I would prefer being able to travel to Germany as and when we are able, and not upon "his" invitation.

Would I be able to obtain a longer term  visa (more than 3 months per annum) and/or or a residency permit?

Please advise.

Best wishes,
Jocelyn

Answer
It depends on how old your daughter is.

If she is a minor, you can derive a right to a residence permit in Germany from her, if you have at least shared custody and will live with her in Germany ( 28 I AufenthG).

Your daughter as a German citizen can move to Germany to settle there anytime. She would then be sponsoring you for your residence permit.

Because of your passport problem (previous question), I would like to add that your daughter IS German, regardless of whether she currently has a German passport or not. She can travel to Germany with the South African passport and then settle in Germany anytime.

Andreas Moser
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

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.

Experience

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.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
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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