Applying for a residence permit for children born in Germany

• As a rule, the registration office informs the foreigners authority about the birth of your child.
• The Immigration Office then initiates 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 issue of the residence permit.
• 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 Foreigners' Registration 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 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 authority will commission the Bundesdruckerei 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 Foreigners' Registration Office, you will receive a notice of rejection.

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

• The custodial parent is a third-country national, i.e. a citizen 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 custodial parent lives with the child in a family relationship in Germany.

• Recognised 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 the application is submitted by only one parent, if both parents are authorised custodians: Written authorisation from the absent parent

In individual cases, the immigration authority may require less or further proof.

• § Section 45 number 2 Residence Ordinance (AufenthV)
• § Section 50 (1) sentence 1 Residence Ordinance (AufenthV)

• § Section 33 Residence Act (AufenthG) (birth of a child in the federal territory)
• § Section 72 (1) no. 7 Residence Ordinance (AufenthV)

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

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance required: Yes

• 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 parent 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 may 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 request 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 cancellation 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.

• Residence permit for family reasons Issued to children of foreigners born in Germany
• 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 is 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.