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

§ 33 Residence Act (AufenthG)
www.gesetze-im-internet.de/aufenthg_2004/__33.html
Section 72 paragraph 1 number 7 Residence Ordinance (AufenthV)
www.gesetze-im-internet.de/aufenthv/__72.html

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.

If you are a person of foreign origin who is staying in Germany on the basis of a residence permit and have a child, your child can also receive a residence permit.

The responsible authority will usually issue a residence permit for your child without you having to submit an application. Until the responsible authority makes a decision, your child's stay is considered permitted. If it is foreseeable that the responsible authority will not issue a residence permit on its own initiative, you as parents must submit an application for a residence permit.

If you as parents are in possession of a visa at the time of your child's birth or are staying in Germany without a visa, your child will be treated as if he or she had a visa or was visa-free. If your child's stay in Germany is to continue after the visa or visa-free period has expired, you should apply to the responsible authority for a residence permit for your child.

• 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 long-term residence permit for one or both parents
• Child’s birth certificate or extract from the birth register
• Current biometric photo of the child in passport format (45 x 35 mm)
• If the application is submitted by only one parent and both parents have parental custody: Written authorization from the absent parent

In individual cases, the competent authority may require less or more evidence.

• You as a parent(s) are a national of a country outside the European Union (EU), the European Economic Area (EEA) or Switzerland.
• At least one parent is in possession of a residence permit, settlement permit or EU long-term residence permit at the time of birth.
• Your child was born in Germany.
• At least one parent with custody lives with the child in a family community in Germany.

50,00 EUR
Lower fees may apply for Turkish nationals.
Additional fees may apply for issuing a residence permit in the form of an electronic residence permit (eAT card), which can also be used as electronic proof of identity.

• As a rule, the registration authority informs the responsible authority about the birth of your child.
• The responsible authority will contact you, as the child's parents, and ask you to submit the necessary documents and/or arrange an appointment to meet with you in person.
• If the responsible authority does not contact you on its own initiative after the birth of your child, you must apply for a residence permit yourself before your child is six months old.
  • Find out whether the office responsible for you allows you to submit an application online or has a special application form. If you can only submit an application in person, make an appointment. If you submit an application online, the office responsible will contact you after receiving your application to make an appointment.
• If the residence permit is granted, the responsible authority commissions an external agency to produce an electronic residence permit (eAT card for short).
• Once the eAT card has been completed, you will receive information and can collect the eAT card in person from the responsible office.
• If you have submitted an application that is rejected, you will receive a rejection notice.

6 - 8 weeks

If the responsible authority does not take action on its own initiative, you must submit an application no later than 6 months after the birth of your child.

The procedure is usually carried out in German. If you do not have sufficient knowledge of German, it may be useful to have someone help you who can translate for you.

Contradiction

• Apply for a residence permit for children born in Germany.
• A child born in Germany to parents of foreign origin can obtain a residence permit.
• Parents must have a residence permit, settlement permit or permanent EU residence permit at the time of birth.
• The responsible authority usually takes action on its own initiative; no application needs to be submitted
• An application only needs to be submitted if it is foreseeable that the responsible authority will not issue the residence permit within 6 months after the birth.
• If the parents are in Germany with a visa or visa-free at the time of birth, the child will also be treated as if it had a visa or was visa-free.

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