§ 33 AufenthG: Birth of a Child in the Federal Territory

Is your child born in Germany? Here you can find out when your child can get a residence permit.

If one parent has a residence permit

Your child can get a residence permit. For this, one of your child's parents must have a residence permit. Or a settlement permit. Or a permit for permanent residence – EU. The authority decides whether your child gets the residence permit. This is not a guarantee. The authority does this itself. You do not need to submit a separate application for this.

Normally, the rules from Section 5 and Section 29 (1) No. 2 of the Residence Act apply to a residence permit. These rules do not apply here for your child born in Germany.

If both parents have a residence permit

In some cases, you have a firm legal entitlement to the residence permit for your child.

This applies if, at the time of birth, both parents have a residence permit, a settlement permit, or a permit for permanent residence – EU.

This also applies if only one parent has sole custody of your child. Then it is enough if this parent has a residence permit, a settlement permit, or a permit for permanent residence – EU at the time of birth.

In these cases, the authority must grant your child the residence permit. This is mandatory. It is not at the authority's discretion. The authority does this itself. You do not need to submit a separate application for this.

If one parent has a visa

Does one of your child's parents have a visa at the time of birth? Or is one of your child's parents allowed to stay in Germany lawfully without a visa?

Then your child's stay is legally deemed to be permitted. The law treats your child's stay as if it were permitted. This means: your child does not need its own residence title during this time.

This applies only for a certain period. If the parent's visa expires, your child's permitted stay also ends. If the parent's lawful visa-free stay ends, your child's permitted stay also ends.