A child born in Germany and exclusively a foreign citizen can receive a residence permit if at least one parent has a residence permit, settlement permit or EU permanent residence permit.
If both parents or one parent with sole custody is in possession of one of the above-mentioned residence permits at the time of birth, the child is entitled to a residence permit for children born in Germany.
As a rule, the Foreigners' Registration Office acts on its own initiative (i.e. without an application). For this purpose, she will be informed by the competent registration authority about the birth of the child.
Until the decision of the immigration authority, the residence of the child is considered permitted.
If it is foreseeable that the immigration authority will not issue the residence permit within six months of the birth of the child, the parents must submit an application for a residence permit before the end of the six months.
If the parents are in possession of a visa at the time of the child's birth or are staying in Germany without a visa, the child is treated as if it had a visa itself or were visa-free. If the child's stay in Germany is to be continued after expiry of the visa or the visa-free period, an application for a residence permit for the child should be submitted to the Foreigners' Registration Office.
