Children

Please notice that the other permits generally have the same meaning for both children and adults. The only difference is the prerequisite to obtain the permits. Parents of minors have the duty to apply for permits for their kids and make sure their permits are (always) valid. Just as for adults, children subject to expulsion will receive neither a permit nor an extension. The new law has not changed the situation for children.

My wife and I are now expecting a child. We know a residence permit is a matter of discretion. Is it possible, that we may stay but, our newborn child must leave Germany just because the child came to Germany without a permit?

Your child is illegal n Germany. It will be deported as soon as it leaves the hospital because it entered Germany without permission. It will be granted the right to stay ex officio (§33 AufenthG) while and as long as the mother is entitled to stay in Germany. You only have to visit the foreigner’s office to register your child and that will take care of the matter. The child’s permit will be extended ex officio upon application as long as the parent having sole custody resides in Germany and the child is under 16.
§

Check out the shop for a checklist on where to register your child after birth – just click. You have a half year time to take care of all registrations.

Okay, so a child legally enters Germany by being born in Germany. Will its residence permit be easily renewed?

Generally yes. This is true as long as the parent having custody is legally in Germany and the child lives in cohabitation with its parent or has the right to return according to §37 AufenthG.
§

If you, as a minor, resided in Germany, you will have the right to return to Germany if you

• lived here for eight years, and went to school for six years,
• can cover your living expenses by your own employment, or by support from a person who is obligated to pay for five years, and
• apply after you are 15 but not 21 years of age, and within five years after departure.      
  §

Children and subsequently followed spouses of immigrants have a dependent residency permit upon first granting. This means the permit is as good as the immigrant’s permit is. So, if the parents of a child lose their residency permit – no matter what reason – the child automatically looses his permit, too.

Just having turned 18 and proud as a teenie can be to have become a man, what about my residence permit? Am I still dependent on my parent’s status? Please don’t be disturbed by my proudness!

Young man! As an attorney, I have the duty to consult you with the accurate legal opinion and nothing but the truth – even if it might disturb you. Anyhow, you need not worry. Coming of age means you are now responsible for your own rights and duties. Supposing your parents were to jeopardize their permits for Germany, you may still remain – unless you yourself get into trouble with the law (§34 AufenthG).
§