Niederlassungserlaubnis für minderjährige ausländische Kinder beantragen
Inhalt
Begriffe im Kontext
- Anforderungen in Bezug auf Aufenthaltskarten für Unionsbürger und ihre Familienmitglieder, einschließlich Familienmitglieder, die keine Unionsbürger sind
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As a child born and/or raised in Germany, you can, under certain conditions, obtain an independent (i.e. independent of your parents), unlimited right of residence (settlement permit) at the age of 16.
If you are a minor foreign child and require a residence permit
- for family reasons (e.g. to join or join a family member or due to birth in Germany) or
- for humanitarian reasons (e.g. due to entitlement to asylum or recognition as a refugee under the Geneva Refugee Convention)
If you have acquired and still hold a residence permit under certain conditions, you can obtain a permanent right of residence in the form of a settlement permit.
- Recognized and valid identity document (e.g. passport or passport substitute)
- Current biometric photo in passport format (45 x 35 mm)
- Proof of residence in Germany for at least five years (e.g. school, training or study certificates, proof of passed intermediate examinations or credit points, employment contract)
- for minors whose custodial parents cannot submit the application jointly for their minor child: Written authorization from the absent parent
- Adult applicants also require:
- Proof of sufficient language skills at level B 1 of the Common European Framework of Reference for Languages (for example, language certificate, German school, training certificates),
- Proof of livelihood and health insurance (e.g. proof of income, health insurance certificate) or proof of school or vocational training (school certificate, training contract or certificate from the training center, certificate of enrollment)
Please note: If you have an illness or disability that prevents you from learning the language or earning your own living, you must provide suitable proof of this (e.g. specialist medical opinion, proof of residential care).
The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.
- You must have reached the age of 16.
- You must have been in possession of a valid residence permit for at least five years without interruption, which entitles you to
- for family reasons (e.g. to join a family member or because you were born in Germany) or
- for humanitarian reasons (e.g. due to entitlement to asylum or recognition as a refugee under the Geneva Refugee Convention)
was granted.
- You should be able to prove to the immigration authorities that you have resided in Germany for the last five years (for example, by providing proof of attendance at an educational institution or employment).
- There is no interest in your expulsion from the federal territory.
- You must not have been convicted of an intentional criminal offense in the last three years and sentenced to a juvenile sentence of at least six months or a prison sentence of at least three months or a fine of at least 90 daily rates. The suspension of the imposition of a juvenile sentence against you may also prevent the granting of a settlement permit.
- If you have reached the age of 18:
- You were issued a residence permit while you were still a minor (a settlement permit can also be issued if you do not reach the five-year deadline until after you have reached the age of majority).
- You have knowledge of the German language at level B 1 of the Common European Framework of Reference for Languages (this is assumed if you have attended a German-speaking school for more than four years and have achieved at least an "Ausreichend" in German).
- Your livelihood is secured (e.g. through your own income or your parents' income) or you are in a training relationship that leads to a recognized school or vocational qualification or a university degree (school attendance, in-company training or studies).
Please note: If you suffer from an illness or disability that prevents you from acquiring language skills or earning your own living, you do not have to meet these requirements.
Cost amount (fixed):
- EUR 55.00 for underage applicants
- 113.00 EUR for adult applicants
Remark:
Additional fees may apply for the issue of a settlement permit in the form of an electronic residence permit (eAT card), which can also be used as electronic proof of identity.
Lower fees may apply for Turkish nationals.
- The settlement permit must be applied for before the validity of your current residence permit expires.
- If you have not yet reached the age of 18, you may not submit the application yourself, but require a representative (as a rule, the application is submitted by the custodial parent).
- Find out whether the relevant immigration office 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.
- If you have not yet reached the age of 18, you must be accompanied by at least one legal representative (usually a parent) at the personal appointment. If you have joint custody, the parents must always appear at the authority together and submit the application on your behalf. If one parent cannot appear in person, the other parent with custody rights must be given written authorization to submit the application.
- During the appointment, your identity and documents will be checked (please bring all documents to the appointment, if possible in the original).
- If your application is approved, your fingerprints will be taken to produce a new electronic residence permit (eAT card for short).
- The Foreigners' Registration Office will commission the Bundesdruckerei to produce the eAT card. After completion, you will receive information - if necessary via your representative - and can collect the eAT card from the responsible office. The eAT card must always be collected in person.
- If your application is rejected, you will receive a notice of rejection, possibly via your representative.
Duration (for span): approx. 6 to 8 weeks
Note for further information on the processing time:
The processing time may vary depending on the workload of the immigration office.
The production of the electronic residence permit by the Bundesdruckerei takes about 4 to 6 weeks.
Duration (for span): 6 to 8 weeks
Note (for further information on the deadline):
At the latest 6 to 8 weeks before the current residence permit expires, the application should be received by the Aliens' Registration Office.
The settlement permit is issued for an unlimited period. Only the electronic residence permit (eAT card) is issued for a limited period and must be renewed at the end of its validity.
You can lodge an objection against the rejection within one month of notification - if necessary through a representative.
- Children who have not yet reached the age of 18 may not submit the application themselves, but must be represented by a legally competent person (e.g. a parent with custody).
- When issuing a settlement permit, the immigration authority may take into account circumstances such as the legal residence status of the parents or custodial parent.
- The procedure is usually carried out in German.
- Make sure that you provide correct and complete information to the best of your knowledge and belief. This is the only way the immigration authority can process your application without major delays.
- Incorrect or incomplete information can slow down the procedure and be disadvantageous for you. In serious cases, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
- 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
- Issuing a settlement permit for underage children
- Foreign children born and/or raised in Germany can receive an independent, unlimited right of residence (settlement permit).
- Prior possession of a valid residence permit for family or humanitarian reasons issued while the child was a minor is required.
- Minors receive the settlement permit if the residence permit has been held continuously for at least five years at the age of 16.
- Adults receive a settlement permit if they
- have been in possession of the residence permit that was issued when they were a minor for five years (the five-year period does not have to be reached when they come of age),
- have knowledge of the German language at level B 1 and
- are able to support themselves from their own resources or are undergoing training leading to a recognized school or vocational qualification or a university degree (proper and regular school attendance, in-company training or studies).
- In the case of physical, mental or psychological illness or disability, no language skills or proof of livelihood are required.
- The settlement permit will not be issued if
- there is an interest in deportation from the federal territory,
- a juvenile sentence has been imposed in the last three years for an intentional criminal offense or the sentence has been suspended.
- Responsible: the immigration authority responsible for the applicant's place of residence
The following is responsible for processing the application the foreigners authority responsible for the applicant's place of residence is responsible.
Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance necessary: Yes