Applying for a settlement permit for foreign children under the age of 18
Service description
If you are a foreign child under the age of 18 and wish to apply for a residence permit
- for family reasons (for example, to join or be joined by a family member, or following a birth in Germany) or
- on humanitarian grounds (for example, on the basis of the right to asylum or recognition as a refugee under the Geneva Convention relating to the Status of Refugees)
If you have acquired and still own property, you may, under certain conditions, be granted a permanent right of residence in the form of a settlement permit.
Procedure
- You must apply for a settlement permit before your current residence permit expires.
- If you are under 18, you are not permitted to submit the application yourself; you will need a representative (the application is usually submitted by the parents who have parental responsibility).
- 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.
- If you are under 18, you must be accompanied by at least one legal representative (usually a parent) when attending in person. In cases of joint custody, the parents must, as a rule, appear together at the relevant authority and submit the application on your behalf jointly. If one parent is unable to attend in person, they must issue the other parent with a written power of attorney authorising them to submit the application.
- During the appointment, your identity and your documents will be checked (please bring all your documents with you to the appointment, preferably the originals).
- If your application is approved, your fingerprints will be taken so that your settlement permit can be issued in the form of a new electronic residence permit (eAT card for short).
- The Foreigners’ Registration Office commissions the Bundesdruckerei to produce the eAT card. Once it has been produced, you will be notified – via your representative, if applicable – 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 notice of rejection – via your representative, if applicable.
Who should I contact?
The immigration authority responsible for the applicant’s place of residence.
Prerequisites
- You must be at least 16 years of age.
- You must have held a valid residence permit for at least five years without interruption, which entitles you to
- for family reasons (for example, to join or be joined by a family member, or following a birth in Germany) or
- was
granted on humanitarian grounds (for example, on the basis of the right to asylum or recognition as a refugee under the Geneva Convention on Refugees).
- You should be able to demonstrate to the Immigration Authority that you have been resident in Germany for the past five years (for example, by providing evidence of attendance at an educational institution or of employment).
- There is no intention to deport you from German territory.
- You must not have been convicted in the last three years of an intentional criminal offence resulting in a juvenile sentence of at least six months, a custodial sentence of at least three months, or a fine of at least 90 daily rates. Even if the imposition of a juvenile sentence against you has been suspended, this may prevent you from being granted a settlement permit.
- If you are aged 18 or over, you must also:
- You were granted a residence permit whilst you were still a minor (it is also possible to be granted a settlement permit even if you do not reach the five-year period until after you have reached the age of majority).
- You must have a knowledge of German equivalent to level B1 of the Common European Framework of Reference for Languages (this is assumed if you have attended a German-speaking school for more than four years and achieved at least a ‘Satisfactory’ grade in German).
- Your livelihood is secure (for example, through your own income or your parents’ income) or you are enrolled in a training programme leading to a recognised school-leaving certificate, vocational qualification or university degree (school attendance, in-company training or university studies).
Please note: If you have a medical condition or disability that prevents you from acquiring the necessary language skills or supporting yourself independently, you are not required to meet these requirements.
Which documents are required?
- Recognised and valid identity document (e.g. passport or passport substitute)
- Current biometric photo in passport format (45 x 35 mm)
- Proof of residence in Germany for at least five years (for example, school, vocational training or university certificates, proof of passing intermediate examinations or credit points, employment contract)
- In the case of minors whose parents with parental responsibility are unable to submit the application jointly on behalf of their minor child: a written authorisation from the absent parent
- Applicants of legal age must also provide:
- Proof of sufficient language proficiency at level B1 of the Common European Framework of Reference for Languages (e.g. language certificate, German school or vocational training certificates),
- Proof of sufficient means of support, including health insurance (e.g. proof of income, health insurance certificate) or proof of enrolment in school or vocational training (school certificate, training contract or certificate from the training provider, certificate of enrolment)
Please note: If you have a medical condition or disability that prevents you from acquiring the necessary language skills or supporting yourself independently, you must provide appropriate evidence of this (for example, a specialist medical report or proof of residential care).
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 (fixed):
- 55.00 for applicants under the age of 18
- 113.00 for applicants of legal age
Remark:
Additional fees may apply for the issue of a settlement permit in the form of an electronic residence permit (eAT card), which can also be used as an electronic identity document.
Lower fees may apply to Turkish nationals.
What deadlines do I have to observe?
Duration (for the period): 6 to 8 weeks
Note (for more information on the deadline):
The application should be received by the Immigration Authority no later than 6 to 8 weeks before the current residence permit expires.
Note (for more information on the deadline):
The settlement permit is granted for an indefinite period. Only the electronic residence permit (eAT card) is issued for a fixed term and must be renewed once it has expired.
You may lodge an appeal against the rejection within one month of being notified – through your representative, if applicable.
Processing time
Duration (for the range): approx. 6 to 8 weeks
Note regarding further information on processing times:
The processing time may vary depending on the capacity utilisation of the foreigners authority.
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?
- Children who have not yet reached the age of 18 may not submit the application themselves, but must be represented by a person with legal capacity (for example, a parent with parental responsibility).
- When granting a settlement permit, the Immigration Authority may take into account factors such as the residence status of the parents or the parents with custody.
- The proceedings are usually conducted in German.
- 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.