Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a residence permit for the reunification of a foreign child with a German parent

Description

As a legal representative, you can apply for a residence permit for a foreign minor unmarried child if you have your habitual residence in Germany and would like to ensure that the child can live with you in Germany.

Please note that the child must not be married, divorced or widowed. Minor means that he or she must not have reached the age of 18.

The establishment of a family relationship between you and the child is a prerequisite for obtaining a residence permit. This must be intentional and actually possible. If you as a parent have custody, the intention and possibility of establishing the family cohabitation can usually be assumed. However, it is not necessarily necessary that you are entitled to exercise personal care. However, paternity or maternity to the minor child must be proven.

If only the father is German, there must be an effective acknowledgement of paternity.

The residence permit is issued for at least one year. It is extended as long as the family life continues.

After three years of holding the residence permit, it is possible to obtain a settlement permit.

There is no entitlement to reunification for stepchildren and foster children. However, it is possible to issue a residence permit on the basis of § 32 of the Residence Act (child reunification) or § 36 (2) of the Residence Act (reunification as another family member).

Prerequisites

A parent with custody has German citizenship.
The child has a valid identity document.
The child has the required visa if this was required for entry.
The child is a minor at the time of application, neither married, divorced nor widowed.
The German parent has his or her habitual residence in Germany.
The father or maternity to the child is proven.
The German parent is actually and legally willing and able to establish a family cohabitation with the child moving in. This is assumed if there is personal custody of the child. However, personal custody is not a prerequisite for the granting of a residence permit.
There is no reason for expulsion for the child.

Required documents

Recognized and valid identity document (e.g. passport or passport substitute) of the child and the German parent
The child's visa, if required for entry
Current biometric photo of the child in passport format (45 x 35 mm)
Birth certificate of the child
Proof of acknowledgement of paternity if the parents are not married and the German father is to be reunited.
If a parent with custody remains abroad:
- Proof of custody
- Declaration of consent from the parent living abroad.

The documents and information must always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or further proof.

Fees (costs)

Costs: 50 Euro

Remark:

Additional fees may apply for the issuance of the residence permit in the form of an electronic residence permit, which can also be used as an electronic proof of identity.

Deadlines

Duration: 6 to 8

Remark (for more information on the deadline):

At the latest six to eight before the end of the visa-free stay period or the visa, the application should be received by the Foreigners' Registration Office.

Duration: at least 1

Remark (for more information on the deadline):

The residence permit is temporary. An extension must be applied for at the Foreigners' Registration Office in good time before the expiry of its validity.

Processing time

Duration: approx. 6 to 8

Note for further information on processing time:

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

If required for entry into Germany, a national visa for the child must be applied for at a German mission abroad before entering the country.
After entry, the child must apply for a residence permit at the Foreigners' Registration Office before the period of visa-free stay or the validity of the visa ends.
Find out whether the competent immigration authority allows the application to be submitted online or has a special application form.
If the application is only possible in person, an appointment must be made at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receipt of the application to make an appointment.
During the appointment, your identity and the identity of the child as well as the available documents will be checked (please bring all documents, if possible in the original, to the appointment).
If your request is granted, the child's fingerprints will be taken for the production of the electronic residence title (eAT card for short). Children under six years of age are not fingerprinted
The Foreigners' Registration Office commissions Bundesdruckerei to produce the eAT card. 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 your application is rejected, you will receive a rejection notice.

Further information

The residence permit is issued for a limited period, i.e. After the expiry of the period of validity, you must arrange for an extension of the child's residence permit yourself.
Please make sure that your information is correct and complete to the best of your knowledge and belief. This is the only way the Foreigners' Registration Office can process your request without major delays.
Inaccurate or incomplete information may slow down the process and be detrimental to you. 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.