Please need good advice for me

As EU citizens, the kids can freely move and settle anywhere in the EU. They do not need a residence or other permit.

Since you are already living in Germany with the kids (according to your profile and post) and have full custody, there is nothing more you need to do (other than registering them at your address, if not already done).

I assume that's what your lawyer meant: He cannot help, because there is no help needed!

I agree with Beppi, that this should be solvable but I do you think you have to take a few steps you will have to take.

The children can easily live in Germany if the join a EU citizen , that is not a German citizen. I do not think you are as I looked at your profile too. But from what I see you are not an EU citizen but an Asylum seeker.

So if you have (court ordered) custody of Czech children and a "Duldung" for Germany I wonder whether you can not accompany your children to the Czech Republic. (I have no experience with asylum law only with regular immigration law and I do not give legal advice as I am not a lawyer).

Please look at the following link:

https://www.recht-finanzen.de/faq/1723- … er-muetter

This should be applied similarly in the Czech Republic as almost all EU law is similar and or reciprocal.

Hope this helps you.

I disagree with Beppi that there is not issue or else the poster would not have said there is.

The Czech mother has a right to live in Germany as do the kids as Czech citizens. A non-EU person usually is allowed to reside in Germany if they are raising their children who have German citizenship. Not sure if this is the rule in the Czech Republic but if so then he would possibly have the possibility to live there with the kids. The kids having been born in Germany does not make them German so can't extend a right to residency in Germany. Or if both parents had lived legally in Germany for 8 years then the kids could have had a claim to German citizenship and the father the right to stay with them in Germany.

What isn't mentioned is how the poster got to Germany and what his actual status is. If he were still with the Czech mother and they were married then he could likely have gotten residency in Germany. If they are no longer together and not married then it is likely too late for that relationship to help.

But looking at the poster's earlier threads all of this has been covered before. He claimed to be seeking asylum which is virtually impossible for a Nigerian. He was planning to marry the Czech woman which would have been the solution for him to stay in Germany with her. If he didn't marry or they have divorced then this option is lost. Just fathering Czech babies isn't a pathway to remain in Germany.

I agree with the above posters: The OP does not make it clear what he wants - a residence permit for himself, or for the children.

I assumed the latter and thus answered (correctly) that they don't need one and can join him in Germany without formalities (of course assuming he has a proper permit here).

If, however, he meant a residence permit for himself, the othe posters are correct in saying that there is no easy way.

Could the OP please explain what he wants, and what the exact situation is?

@beppi have two children born in Germany by czech mother

At the moment the two children are living with me alone and I have all the custody of the two children,

And the children just got their czech republic passport

How can we used it to get germany permit of stay

I spoke with my lawyer about it, he said that there's nothing he can do to help me

Please do anyone have an idea of what I should do

@Bright_love We already answered your questions above. Why are you posting them again?

Did you read (and understand) our replies?

@beppi I want a resident permit for my children and myself

Although they have czech passport

I'm still carrying duldung and I want it to be changed to normal documents

@TominStuttgart we are not together anymore and she went back to her country (czech republic) but the children are living with me

@Bright_love We answered that already above. Is there anything unclear in our replies, or do you have additional questions?

@TominStuttgart we are not together anymore and she went back to her country (czech republic) but the children are living with me
-@Bright_love

Then it sounds clear. A lawyer has already said that you don't have a claim to German residency in this situation and nobody here sees any theoretical exception.  Sounds like a case of false expectations. Asking again won't change the facts. But again, maybe you would have a claim to Czech residency with the kids... possibly a better alternative than returning to Nigeria.