Applying for an extension of a residence permit for the family reunification of a foreign child with a German parent
Service description
As the legal guardian, you may apply for the extension of a residence permit for a foreign, unmarried minor child so that the child can continue to live with you in Germany.
Please note that your child must not be married, divorced or widowed. ‘Underage’ means that they have not yet 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.
If the child has held a residence permit for three years, they may be eligible to apply for a settlement permit.
If the child has since reached the age of 18, they may be granted an independent right of residence, separate from family reunification.
Procedure
- An application to extend the child’s residence permit must be made before the current residence permit expires.
- Find out whether the relevant immigration authority allows applications to be submitted online or provides a specific application form.
- If applications can only be made in person, please book an appointment at the Immigration Office. If you are applying 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.
- 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.
- The German parent remains, in fact and in law, willing and able to maintain a family life with the child. This is presumed to be the case if the parent retains custody of the child. However, custody is not a prerequisite for the renewal of the 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
- A recent biometric photograph of the child in passport format (45 x 35 mm)
- 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?
Costs:
- 48.00 for a further stay of up to three months
- 46.50 for a further stay of more than three months
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?
Application deadline: 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 before the child’s current residence permit expires.
Validity period: at least 1
Remark:
The residence permit is extended for a limited period. After holding the residence permit for three years, an application may be made for a settlement permit.
If the child has since reached the age of majority (i.e. has turned 18), they may be granted an independent right of residence, separate from family reunification.
Processing time
Duration: approx. 6 to 8
Note regarding further information on processing times:
It takes around four to six weeks for the Bundesdruckerei to produce the electronic residence permit
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?
- An application to extend the child’s residence permit must be submitted in good time before the current residence permit expires.
- 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.