Question from Dome, What are the options for a Pakistani student in Austria if she cannot complete her PhD and can having a child with a German citizen grant her permanent residency?
Answer from AI:
Options for Staying in Austria After Unsuccessful PhD
If the Pakistani woman is unable to complete her PhD, she may have several options to extend her stay in Austria, depending on her circumstances:
- Employment: If she can secure a job in Austria, she may be eligible to apply for a Red-White-Red Card, which allows non-EU nationals to live and work in Austria. The job must be in a shortage occupation or the applicant must have a binding job offer and meet certain criteria.
- Other Studies: She could potentially enroll in another academic program and apply for a new student visa.
- Family Reunification: If she has family members legally residing in Austria, she may be eligible to apply for a residence permit for family reunification.
It’s important to note that each of these options has specific requirements and conditions. It’s recommended to consult with an immigration lawyer or expert for personalized advice.
Having a Child with a German Citizen for Permanent Residency
Having a child with a German citizen does not automatically grant the mother permanent residency in Germany or Austria. In Germany, the right of residence is governed by the Residence Act (Aufenthaltsgesetz). According to Section 28 of the Act, a foreign parent of a German child may be granted a residence permit if they have custody and the child resides with them. However, this is not automatic and depends on various factors, including the parent’s ability to support themselves and the child.
In Austria, the situation is similar. Having a child with an Austrian or German citizen does not automatically grant the mother a right to stay. She would need to apply for a residence permit on the grounds of family reunification, and the decision would depend on various factors.
In both cases, it’s crucial to consult with a legal professional for personalized advice.
For more information, you can refer to the Austrian Settlement and Residence Act and the German Residence Act.
Remember, immigration laws can be complex and the consequences of making a mistake can be serious. Always seek professional advice when dealing with immigration matters.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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