Pregnant without legal status in Germany

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I'm married to a  German for over 2 years now and have a temporal resident permit subjected to three years renewal. Got a girl pregnant from an affair. The girl in question currently has no legal status in Germany (Expired some few years after she completed her M.Sc. degree and could not find a job). I am curious to find out based on the current situation how she could possibly regain her legal status in Germany with her pregnancy. If that is possible, would she be entitled to any benefit or support from the state. Thank you all in advance as I anxiously awaits your suggestions and advice.

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How has she been surviving?  Working under the table?  Does she have health care?

 

The baby as far as I can see will have no legal status in Germany because in order for the baby to be German, one parent either has to be German or has to be a permanent resident who's lived in Germany for at least 8 years.  Hence, her baby probably has a claim to her citizenship and your citizenship but not German citizenship.  Hence she is not eligible for any legal status in Germany based on having this baby and she is not entitled to support from the state.

 

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24 minutes ago, Muma said:

 Got a girl pregnant from an affair. The girl in question currently has no legal status in Germany

 

 

24 minutes ago, Muma said:

would she be entitled to any benefit or support from the state.

 

Although she is not entitled to anything from the state, she is entitled to money for health care expenses and in certain cases also living expenses from you.

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On 3/2/2019, 10:45:27, engelchen said:

 

 

 

Although she is not entitled to anything from the state, she is entitled to money for health care expenses and in certain cases also living expenses from you.

 

On 3/2/2019, 10:40:12, LeonG said:

How has she been surviving?  Working under the table?  Does she have health care?

 

The baby as far as I can see will have no legal status in Germany because in order for the baby to be German, one parent either has to be German or has to be a permanent resident who's lived in Germany for at least 8 years.  Hence, her baby probably has a claim to her citizenship and your citizenship but not German citizenship.  Hence she is not eligible for any legal status in Germany based on having this baby and she is not entitled to support from the state.

 

Thanks LeonG for giving me an insight of the current situation. If I understood you perfectly, it's possible for her to regain her legal status with the pregnancy, but the baby woudn't be a German citizen and she gets no financial support from the state right.

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On 3/2/2019, 1:26:50, RedMidge said:

How about benefits and support from you- as the father?

Thanks for the suggestion. I certainly do have that at the back of my mind. Just wanted to get more information  on the issue and to know if she is entitled to any support from the state. Thanks 

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1 hour ago, Muma said:

 If I understood you perfectly, it's possible for her to regain her legal status with the pregnancy, but the baby woudn't be a German citizen and she gets no financial support from the state right.

 

No, her pregnancy does not give her ANY legal residency rights. Furthermore, since the mother doesn't have a valid residence permit, the child can't get one through the mother. 

 

How many weeks pregnant is she? Does she have health insurance? How is she currently supporting herself? Do you have a job and the means to financially support her?

 

Why don't you tell her to post here for advice.

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20 hours ago, fraufruit said:

I don't suppose that your German wife is willing to help you out with the logistics and legalities of the matter.

 

Does The Wife even know about this?

 

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2 hours ago, engelchen said:

No, her pregnancy does not give her ANY legal residency rights. Furthermore, since the mother doesn't have a valid residence permit, the child can't get one through the mother. 

Shouldn´t the baby - once arrived- be able to claim residency in order to be (co-)raised by it´s father? And shouldn´t the mother have a right as well in order to be able to do her part of co-raising? So, once the baby is born the mother should have a claim to residency.

For the baby the father will obviously have to pay. But will he also have to pay for the mother if she can´t support herself? I somehow doubt it.

 

 

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2 hours ago, Muma said:

 

If I understood you perfectly, it's possible for her to regain her legal status with the pregnancy, 

 

No, she does not gain legal status because she is pregnant. If she wants to gain legal status it could be through study or work permit, marriage to a German or PR or having a German baby.

 

You could marry her but you'd have to divorce your German spouse first and since you don't have permanent residency yourself and your residence is based on your wife it's not really an option for you to divorce now if you want to keep your status yourself.

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5 minutes ago, LeonG said:

No, she does not gain legal status because she is pregnant. If she wants to gain legal status it could be through study or work permit, marriage to a German or PR or having a German baby.

Why would she need to marry a German or PR? Shouldn´t it be good enough to be the mother of a child with a claim to residency (based on having a father who is a legal resident)?

I´d be more worried about health cover during pregnancy. What if there are medical problems? Does she have health insurance which covers pregnancies?

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20 minutes ago, jeba said:

(based on having a father who is a legal resident)

 

There is a good chance his wife will divorce him and then he will have no legal status. I haven't seen anywhere that he has a job.

 

Just speculating.

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24 minutes ago, jeba said:

Why would she need to marry a German or PR? Shouldn´t it be good enough to be the mother of a child with a claim to residency (based on having a father who is a legal resident)?

 

It's possible like you say that the baby can get residency based on his temporary status and that the mother can then get residency based on the baby but as others have pointed out, his residency is based on his wife who may choose to divorce him based on his affair in which case he will no longer have residency and he, baby and baby mama can all go home.

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3 hours ago, Muma said:

Thanks for the suggestion. I certainly do have that at the back of my mind. Just wanted to get more information  on the issue and to know if she is entitled to any support from the state. Thanks 

You need to move the thought to frontal lobe- your responsibility^_^

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I appreciate that everyone wants to wade in and moralise about what this guy having done being wrong.  But since there is someone who is about to become a single mother who is illegally in the country, it seems to me a child and their parent(s) are about to be in a whole lot of trouble. At a minimum medical bills, but it could get really messy for them.

 

Does anyone actually have helpful advice for what the mother can/should do?

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Questions have been asked about her health insurance, income, etc. but haven't been answered.

On 3/2/2019, 10:45:27, engelchen said:

 

 

 

Although she is not entitled to anything from the state, she is entitled to money for health care expenses and in certain cases also living expenses from you.

 

Without being able to give advice, information like the above should be helpful in some way.

 

Do you know how people who are her illegally can regain their legal status?

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5 hours ago, engelchen said:

 

No, her pregnancy does not give her ANY legal residency rights. Furthermore, since the mother doesn't have a valid residence permit, the child can't get one through the mother. 

 

How many weeks pregnant is she? Does she have health insurance? How is she currently supporting herself? Do you have a job and the means to financially support her?

 

Why don't you tell her to post here for advice.

I do have a full time job. So I am currently supporting her financially. She is three weeks pregnant and does not have a health insurance. My worry is how will she get access to antenatal care since she doesn't have a legal status.

On 3/2/2019, 1:26:50, RedMidge said:

How about benefits and support from you- as the father?

Thanks for the suggestion. I certainly do have that at the back of my mind. Just wanted to get more information  on the issue and to know if she is entitled to any support from the state. Thanks 

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