Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a residence permit for children born in Germany

Description

A child born in Germany and exclusively a foreign citizen can receive a residence permit if at least one parent has a residence permit, settlement permit or EU permanent residence permit.

If both parents or one parent with sole custody is in possession of one of the above-mentioned residence permits at the time of birth, the child is entitled to a residence permit for children born in Germany.

As a rule, the Foreigners' Registration Office acts on its own initiative (i.e. without an application). For this purpose, she will be informed by the competent registration authority about the birth of the child.

Until the decision of the immigration authority, the residence of the child is considered permitted.

If it is foreseeable that the immigration authority will not issue the residence permit within six months of the birth of the child, the parents must submit an application for a residence permit before the end of the six months.

If the parents are in possession of a visa at the time of the child's birth or are staying in Germany without a visa, the child is treated as if it had a visa itself or were visa-free. If the child's stay in Germany is to be continued after expiry of the visa or the visa-free period, an application for a residence permit for the child should be submitted to the Foreigners' Registration Office.

Prerequisites

The parents with custody are third-country nationals, i.e. they are nationals of a country outside the EU, EEA or Switzerland.
At least one parent is in possession of a residence permit, settlement permit or EU permanent residence permit at the time of birth.
The child was born in Germany.
At least one parent with custody lives with the child in a family partnership in Germany.

Required documents

Recognised and valid identity document (e.g. passport or passport substitute) of one or both parents and the child
Residence permit, settlement permit or EU long-term residence permit of one or both parents
Birth certificate of the child or extract from the birth register
Current biometric photo of the child in passport format (45 x 35 mm)
If only one parent applies if both parents have custody: written power of attorney from the absent parent

In individual cases, the Foreigners' Registration Office may require less or further proof.

Fees (costs)

Costs (fixed): 50,00 Euro

Remark:

Additional fees may apply for issuing the residence permit in the form of an electronic residence title (eAT card), which can also be used as an electronic proof of identity.

Lower fees may apply for Turkish nationals.

Deadlines

Duration: 6 months to 3 years

Remark (for more information on the deadline):

The residence permit is issued for a limited period. The validity depends on the validity of the parents' residence permit. An extension must be applied for at the Foreigners' Registration Office in good time before the expiry of its validity.

Processing time

approx. 6 weeks to 8 weeks

Note for further information on processing time:

The processing time may vary depending on the workload of the Foreigners' Registration Office.

The production of the electronic residence title by Bundesdruckerei takes about 4 to 6 weeks.

Legal remedy

Appeal against the decision of the Foreigners' Registration Office
Action before the court named in the notice of opposition if the objection is not complied with

Responsible body

The immigration authority responsible for the place of residence of the applicant.

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

As a rule, the registration authority informs the immigration authority about the birth of your child.
The Foreigners' Registration Office then initiates the procedure for issuing a residence permit for children born in Germany.
The Foreigners' Registration Office will then contact you, as the child's parents, and ask you to submit the documents necessary for the issuance of the residence permit.
If a personal interview at the Foreigners' Registration Office is necessary, the Foreigners' Registration Office will contact you to arrange an appointment.
If the Foreigners' Registration Office does not issue the residence permit on its own initiative within six months of the birth of the child, you must apply for a residence permit at the Foreigners' Registration Office before the end of the six months. Find out whether your immigration authority allows you to submit your application online or has a special application form. If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you upon receipt of your application to make an appointment.
During the appointment, your identity and the identity of the child as well as your documents will be checked (please bring all documents, if possible in the original, to the appointment).
The procedure is usually carried out in German. If you do not have sufficient knowledge of German, it may be useful to audition with someone who can act as a translator.
If the residence permit is issued, the Foreigners' Registration Office commissions the production of an electronic residence title (short: eAT card) at Bundesdruckerei. After completion, you will receive information and can pick up the eAT card from the responsible office. The eAT card must always be picked up in person.
If you have submitted an application that is rejected by the Foreigners' Registration Office, you will receive a rejection notice.

Further information

Place of birth Germany: The Federal territory also includes the 12-nautical-mile zone, German airspace, ships flying the German flag and aircraft with the citizenship emblem of the Federal Republic of Germany.
It is sufficient if one of the parents holds one of the above-mentioned residence permits. It is irrelevant whether the child's parents are married.
If the residence permit of the parents expires, the child's residence permit may also be revoked.
If, at the time of the child's birth, one of the parents has been legally habitually resident in Germany for eight years and has a permanent right of residence, the child acquires German citizenship in addition to the nationality of his or her parents.
All information provided to the Foreigners' Registration Office should be correct and complete to the best of our knowledge and belief so that the request can be processed without major delays.
Incorrect or incomplete information can slow down the procedure and be detrimental to those affected. In an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the immigration authority may result in the withdrawal of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.
Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.