Applying for a residence permit for a foreign child to join a German parent
Service description
As the legal guardian, you may apply for a residence permit for a foreign minor who is unmarried if you are habitually resident in Germany and wish for the child to live with you in Germany.
Please note that the child must not be married, divorced or widowed. ‘Underage’ means that they must not yet have reached the age of 18.
Establishing a family life together with the child is a prerequisite for obtaining a residence permit. This must be your intention and must be genuinely feasible. If, as a parent, you have custody of the child, it can generally be assumed that you intend to establish a family life together with the child and that this is feasible. However, it is not necessarily required that you are entitled to exercise parental care. You must, however, prove that you are the father or mother of the minor child.
If only the father is German, there must be a valid acknowledgement of paternity.
The residence permit is granted for at least one year. It is renewed for as long as the family unit remains intact.
After holding a residence permit for three years, it is possible to obtain a settlement permit.
Stepchildren and foster children are not entitled to join their parents. However, a residence permit may be granted on the basis of Section 32 of the Residence Act (children joining their parents) or Section 36(2) of the Residence Act (other family members joining their parents).
Procedure
- If required for entry into Germany, an application for a national visa for the child must be made at a German diplomatic mission abroad prior to entry.
- After entering the country, an application for a residence permit for the child must be made to the Immigration Authority before the period of visa-free stay or the validity of the visa expires.
- Find out whether the relevant immigration authority allows applications to be submitted online or provides a specific application form.
- If the application can only be submitted in person, you must arrange an appointment with the Immigration Office. If you submit your application online, the Immigration Office will contact you once your application has been received to arrange an appointment.
- During the appointment, your identity and that of the child, as well as the documents you have provided, will be checked (please bring all documents with you to the appointment, preferably the originals).
- If your application is approved, the child’s fingerprints will be taken to produce the electronic residence permit (eAT card for short). No fingerprints are taken from children under the age of six.
- The Foreigners’ Registration Office commissions the Bundesdruckerei to produce the eAT card. Once it has been produced, you will be notified and can collect the eAT card from the relevant office. As a general rule, the eAT card must be collected in person.
- If your application is rejected, you will receive a rejection notice.
Who should I contact?
The immigration authority responsible for the applicant’s place of residence.
Prerequisites
- A parent with parental responsibility holds German nationality.
- The child has a valid identity document.
- The child has the necessary visa, if one was required for entry.
- At the time of application, the child is a minor and is neither married, divorced nor widowed.
- The German parent has their habitual residence in Germany.
- Paternity or maternity in relation to the child has been established.
- The German parent is, in fact and in law, willing and able to establish a family life with the child who is joining them. This is presumed where the parent has custody of the child. However, custody is not a prerequisite for the granting of a residence permit.
- There are no grounds for the child’s deportation.
Which documents are required?
- A recognised and valid identity document (for example, a passport or passport substitute) for the child and the German parent
- The child’s visa, if this was required for entry
- A recent biometric photograph of the child in passport format (45 x 35 mm)
- Birth certificate of the child
- Proof of acknowledgement of paternity, if the parents are not married and the child is to join their German father.
- If a parent with custody remains abroad:
- Proof of custody
- Declaration of consent from the parent living abroad.
The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.
What fees are incurred?
Cost: 50 euros
Remark:
Additional fees may be incurred for issuing the residence permit in the form of an electronic residence permit, which can also be used as electronic proof of identity.
What deadlines do I have to observe?
Duration: 6 to 8
Note (for more information on the deadline):
The application should be received by the Immigration Authority no later than six to eight days before the end of the visa-free period or the expiry of the visa.
Duration: at least 1
Note (for more information on the deadline):
The residence permit is valid for a limited period. An application for renewal must be submitted to the Immigration Authority in good time before the permit expires.
Processing time
Duration: approx. 6 to 8
Note regarding further information on processing times:
The production of the electronic residence permit by Bundesdruckerei takes about 4 to 6 weeks.
Legal basis
Legal remedy
- Appeal against the decision of the Immigration Authority
- Action before the court named in the notice of objection if the objection is not upheld
Applications / Forms
Informal application possible: Yes
Personal appearance required: Yes
What else should I know?
- The residence permit is granted for a fixed period; this means that, once it has expired, you must apply for an extension of your child’s residence permit yourself.
- Please ensure that you provide accurate and complete information to the best of your knowledge and belief. This is the only way the Immigration Authority can process your application without significant delays.
- Incorrect or incomplete information can slow down the procedure and be to your disadvantage. 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.