Aufenthaltserlaubnis aus familiären Gründen Erteilung für den Familiennachzug eines ausländischen Elternteils zu einem minderjährigen Deutschen

Section 28 (1) sentence 1 number 3 and sentence 4 Residence Act

If you want to join your German minor, unmarried child in Germany, you can obtain a residence permit for family reunification.

You can join your German, underage, unmarried child if you come from a country outside the EU or the EEA, have custody of the German child and intend to exercise this custody.

Personal custody includes the right and at the same time the duty to care for, educate and supervise the child and to determine its residence. A minor is a child who has not yet reached the age of 18. A person is single if he or she is not married and has not been married in the past; a person living in a registered civil partnership is also not single.

If these requirements are met, you must be granted a residence permit.

You can also join your child if you do not have custody of the child. The prerequisite is that you and your child are already living together as a family in Germany. A family relationship is assumed if the relatives maintain regular contact with each other that goes beyond mere visits. If the prerequisites are fulfilled, the authorities will decide on the granting of the residence permit on a discretionary basis.

Under certain circumstances, the Aliens Department may oblige you to attend an integration course. This will then be noted on your residence permit.

The residence permit is a temporary residence title and is issued for at least one year.

• Valid passport or passport replacement
• Current biometric photo
• Visa, as far as this was necessary for the entry
• Birth certificate of your child
• Proof of custody, if applicable
• If applicable, proof of living together as a family
• Current certificate of registration

In individual cases, the Aliens Department may request further documents.

• You have a recognised and valid passport or passport replacement and - if required for entry - an appropriate visa.
• Your child is a minor, unmarried and has German citizenship.
• You have the right of custody over your child and wish to exercise this right or, as a parent who does not have the right of custody, you are already living with the child in Germany.
• There is no interest in deportation against you.

Your stay does not jeopardise or impair the interests of the Federal Republic of Germany.

Issue of residence permit: EUR 100.00

Under certain conditions, a fee reduction or fee exemption may be considered.

Notes:

• Additional fees may apply for the issuance of the residence permit in the form of the electronic residence title, which can also be used as electronic proof of identity.
• The time and form of charging and payment vary depending on the authority.

The procedure is as follows:

• Depending on the immigration authority and concerns, it may be possible to apply via the Internet. Find out whether your immigration authority offers the electronic application for a residence permit.
• If the application is only possible in person, make an appointment with the Foreigners' Registration Office. During the appointment, your application will be received and your supporting documents will be checked (bring them with you to the appointment). Your fingerprints will be taken for the production of an electronic residence permit (eAT).
• In the event of an electronic application, the Foreigners' Registration Office will contact you upon receipt of your online application in order to make an appointment at the Foreigners' Registration Office if necessary. During the appointment, your certificates will be checked (bring them with you to the appointment) and your fingerprints will be taken for the production of the eAT.
• If your application is granted, the Foreigners' Registration Office will arrange for the eAT.
• After about six to eight weeks, you can pick up the eAT at the Foreigners' Registration Office.

The eAT must always be picked up in person.

about six to eight weeks.

• The residence permit should be applied for at least eight weeks before the expiry of your valid visa or current residence permit or – if you are legally staying in Germany without a visa – within 90 days of entry.
• Time limit for bringing an action: 1 month

Portal of the BAMF:

German:

https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererDrittstaaten/Familie/NachzugZuDeutschen/nachzug-to-german-node.html;jsessionid=FF333A61825028048280908484D45D12.internet542(German)

English:

https://www.bamf.de/EN/Themen/MigrationAufenthalt/ZuwandererDrittstaaten/Familie/NachzugZuDeutschen/nachzug-zu-deutschen-node.html

An action may be brought before the competent administrative court against a negative decision of the immigration authority.

A preliminary procedure (opposition) does not take place in Lower Saxony.

Detailed information can be found in the rejection decision.

• Residence permit for family reasons Issuance for family reunification of a foreign parent with a minor German citizen
• Parents of a German minor who are third-country nationals and who wish to join their children can be granted a residence permit for family reunification if they have custody of the child and wish to exercise this custody.
• Parents who do not have custody of the child can join their children if they are already living with the child in Germany.
• Under certain circumstances, the foreigners authority can oblige the person joining the child to take part in an integration course.
• Depending on the foreigners authority and the issue, the application can be made via the Internet or in person.
• A fee is charged for the issuance of the residence permit. The time and form of payment vary depending on the authority.
• Responsible: the foreigners authority responsible for the applicant's place of residence.

You can also obtain free advice on the topics of entry, residence and employment from the "Hotline Working and Living in Germany" from the Federal Government's portal for skilled workers from abroad.

Telephone: 030 1815-1111

Service hours: Monday to Friday from 8:00 a.m. to 4:00 p.m.

• Online procedure possible in some cases
• Written form required
• Personal appearance required