Aufenthaltserlaubnis aus familiären Gründen Erteilung für im Bundesgebiet geborene Kinder von Ausländern

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 be granted a residence permit if at least one parent has a residence permit, settlement permit or a permit for permanent residence-EU.

If both parents or a parent with sole custody are in possession of one of the aforementioned residence titles at the time of birth, the child is entitled to be granted a residence permit for children born in Germany.

As a rule, the Aliens' Registration Office takes action on its own initiative (i.e. without an application). For this purpose, it is informed of the child's birth by the competent registration authority.

Until the decision of the foreigners authority, the child's stay is considered permitted.

If it is foreseeable that the Aliens' Registration Office will not issue the residence permit within six months after the birth of the child, the parents must apply for the residence permit before the six months have expired.

If, at the time of the child's birth, the parents are in possession of a visa or are staying in Germany without a visa, the child will be treated as if it possessed a visa itself or was exempt from a visa. 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 Aliens' Registration Office.

• Recognized and valid identity document (for example 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 excerpt from the birth register
• Current biometric photo of the child in passport format (45 x 35 mm)
• In case of application by only one parent, if both parents are entitled to custody: Written power of attorney from the absent parent.

In individual cases, the Aliens Department may require less or further proof.

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

Cost (fixed): 50,00 Euro

Remark:

Additional fees may apply for the issuance of 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 Aliens' Registration Office about the birth of your child.
• The Aliens' Registration Office then initiates the procedure for issuing a residence permit for children born in Germany.
• The Foreigners' Registration Office then contacts you, as the parents of the child, and asks you to submit the documents necessary for the issuance of the residence permit.
• If a personal visit to the Aliens' Registration Office is necessary, the Aliens' Registration Office will contact you to arrange an appointment.
• If the Aliens' Registration Office does not issue the residence permit on its own initiative within six months after the birth of the child, you must apply to the Aliens' Registration Office for the issue of the residence permit before the six months have expired. To do this, find out whether your foreigners authority allows you to submit the application online or has a special application form. If the application can only be submitted in person, make an appointment at the Foreigners' Registration Office. In the case of online application, the Aliens' Registration Office will contact you after receiving your application to schedule 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 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 attend with a person who can act as a translator.
• If the residence permit is granted, the Foreigners' Registration Office will order the production of an electronic residence permit (abbreviated to eAT card) from the Bundesdruckerei. After completion, you will receive information and can pick up the eAT card at the responsible office. The eAT card must always be collected in person.
• If you have submitted an application that is rejected by the Aliens' Registration Office, you will receive a rejection notice.

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 the Bundesdruckerei takes about 4 to 6 weeks.

Period of validity: 6 months to 3 years

Remark (for more information about the time limit):

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

• Place of birth Germany: The federal territory also includes the 12 nautical mile zone, German airspace, ships under the German federal 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 aforementioned residence permits. It is irrelevant whether the parents of the child are married.
• If the residence permit of the parents expires, the residence permit of the child can also be revoked.
• If, at the time of the child's birth, one of the parents has been legally resident in Germany for eight years 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 Aliens' Registration Office should be correct and complete to the best of your knowledge and belief so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be disadvantageous for the person concerned. In a serious case, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Aliens Department 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.
• Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.

• Appeal against the decision of the Foreigners' Registration Office
• Action before the court specified in the notice of appeal if the appeal is not granted

• Residence Permit for Family Reasons Issuance for Children of Foreigners Born in the Federal Territory
• Parents of third-country nationals are usually granted a residence permit for a child born in Germany ex officio. No application is necessary.
• The registration authorities inform the foreigners 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 for the residence permit from the foreigners authority before the six months have expired.
• Conditions for issuance
  • The child must be born in Germany.
  • At least one parent is in possession of a residence permit, a settlement permit or a permit for permanent residence EU.
  • There must be 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.

For the issuance of the residence permit is the foreigners authority responsible for the applicant's place of residence. responsible.

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes