Aufenthaltserlaubnis für Kinder, die in Deutschland geboren wurden, beantragen

If you are a third-country national with a right of residence and have a child in Germany, your child can receive a residence permit.

A child who is born in Germany and has only foreign citizenship 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 of the parents with sole custody are in possession of one of the aforementioned residence permits at the time of birth, the child is entitled to a residence permit for children born in Germany.

As a rule, the immigration authority will take action on its own initiative (i.e. without an application). To do this, it is informed of the child's birth by the responsible registration office.

The child's residence is deemed to be permitted until the immigration authority has made a decision.

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

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 will be treated as if it had a visa or was visa-free. If the child's stay in Germany is to be continued after the visa or visa-free period has expired, an application for a residence permit for the child should be submitted to the Foreigners' Registration Office.

• recognized and valid identity document (e.g. passport or passport substitute) of one or both parents and the child
• Residence permit, settlement permit or EU permanent 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 is applying, if both parents have custody of the child: written authorization from the absent parent

In individual cases, the Immigration Office may require less or further proof.

• The custodial parents are third-country nationals, i.e. they are citizens of a country outside the EU, the 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 rights lives with the child in a family relationship in Germany.

Costs (fixed): 50,00 EUR

Remark:

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

Lower fees may apply for Turkish nationals.

• As a rule, the registration office informs the Foreigners' Registration Office about the birth of your child.
• The immigration authority will then initiate the procedure for issuing a residence permit for children born in Germany.
• The Immigration Office will then contact you, as the child's parents, and ask you to submit the documents required for the residence permit to be issued.
• If a personal visit to the Foreigners' Registration Office is necessary, the Foreigners' Registration Office will contact you to arrange an appointment.
• If the foreigners authority does not issue the residence permit on its own initiative within six months of the birth of the child, you must apply to the foreigners authority for a residence permit before the six months have expired. Find out whether your foreigners authority allows you to apply online or has a special application form. If the application can only be made in person, make an appointment at the immigration office. If you apply online, the immigration office will contact you after receiving your application to arrange 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 conducted in German. If you do not have sufficient knowledge of German, it may be useful to speak to a person who can act as a translator.
• If the residence permit is granted, the Foreigners' Registration Office will commission the Federal Printing Office to produce an electronic residence permit (eAT card for short). Once this has been completed, you will receive information and can collect the eAT card from the relevant office. The eAT card must always be collected in person.
• If you have submitted an application that is rejected by the immigration authority, you will receive a notice of rejection.

approx. 6 weeks to 8 weeks

Note for further information on processing times:

The processing time may vary depending on the workload at the immigration office.

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

Period of validity: 6 months to 3 years

Note (for further information on the time limit):

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 date.

• 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 nationality mark of the Federal Republic of Germany.
• It is sufficient if one of the parents holds one of the residence permits mentioned. It is irrelevant whether the child's parents are married.
• If the parents' residence permit expires, the child's residence permit can also be revoked.
• If one parent has been legally resident in Germany for eight years at the time of the child's birth and has an unlimited right of residence, the child acquires German citizenship in addition to the citizenship of its parents.
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that the application can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the revocation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for information purposes only and is not legally binding.

• Appeal against the decision of the immigration authority
• Legal action before the court named in the notice of objection if the objection is not upheld

• Residence permit for family reasons; issuance for children born in Germany to foreigners
• Parents who are third-country nationals are generally granted a residence permit for a child born in Germany ex officio. No application is necessary.
• The registration authorities inform the immigration authorities about the birth of the child and then request the necessary documents from the parents.
• If it is foreseeable that the foreigners authority will not issue the residence permit on its own initiative within six months of the birth, the parents must apply to the foreigners authority for the residence permit before the six months have expired.
• Conditions for granting
  • The child must have been born in Germany.
  • At least one parent must be in possession of a residence permit, a settlement permit or an EU permanent residence permit.
  • There is a family relationship between the child and one or both parents.
• The validity of the child's residence permit depends on the validity of the parents' residence permit.
• Responsible: the foreigners authority responsible for the applicant's place of residence

The immigration authority responsible for the applicant's place of residence is responsible for issuing the residence
the foreigners authority responsible for the applicant's place of residence.

The immigration authority responsible for the applicant's place of residence is responsible for issuing the residence
the foreigners authority responsible for the applicant's place of residence.

Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance necessary: Yes