Steps to Obtain Residence Permit No. 33 in Germany

Residence Law No. 33 in Germany concerns the rights of newborns born within the country. The law provides for the issuance of a residence permit to a child born within the federal territory by the immigration authorities.

To be eligible for this residence permit, one of the child’s parents must not hold a valid visa, which allows them to remain in Germany until the end of the legally permitted period under Law No. 33.

What is Residence Law No. 33 in Germany?

German Residence Law No. 33, Paragraph 2, stipulates that the immigration authorities issue a residence permit for children born in Germany if one or both parents hold a temporary residence permit or permanent residence in Germany or another EU member state.

If the father is not present at the time of the child’s birth, maternity is established in accordance with Article 1591 of the German Civil Code. In this case, the child is considered the child of a German national unless proven otherwise, which results in the child acquiring German citizenship.

However, if the child’s parents are not married at the time of birth, there is no requirement to formally acknowledge paternity before birth, as this does not affect Residence Law No. 33 in Germany. A residence permit application is only required if the authorities do not issue the permit within a period not exceeding six months from the child’s birth.

Steps to obtain German citizenship before issuing a residence permit for the child

According to Article 4 of the German Nationality Act, it is necessary to verify whether a newborn child in Germany is entitled to German citizenship before a residence permit is issued.

Newborn children in Germany may acquire German citizenship in the following cases:

• If the mother holds German citizenship at the time of birth, in accordance with Article 4, Paragraph 1 of the Nationality Act.
• If the father is a German citizen at the time of birth and the mother holds another nationality, pursuant to Article 4, Paragraph 1 of the law.
• If both parents are foreign nationals, in accordance with Article 4, Paragraph 3 of the law.
• If one of the parents has legally resided in Germany for a period of no less than eight years.

Steps to obtain a residence permit for children in Germany

The steps to obtain a residence permit for children in Germany vary depending on the legal status of the parents, whether they are recognized refugees, eligible for asylum, or entitled to subsidiary protection.

If one of the parents is entitled to asylum or subsidiary protection, the child may obtain a residence permit through the following steps:

• Obtaining Residence Permit No. 33 in Germany by presenting the child’s passport from the country of origin, or by adding the child’s name to the passport of one or both parents.
• Submitting an asylum application on behalf of the child by sending a written request to the competent authorities expressing the intention to seek asylum for the child.
• The request must include the full personal details of both parents, along with a copy of the child’s birth certificate.

If the application is approved, the parents will receive an official letter to be submitted to the responsible immigration office, together with the police registration certificate, the child’s birth certificate, and a copy of the passport.

If the application is rejected, the child will be granted a temporary residence permit until the asylum procedures begin. This is done by notifying the immigration office of the child’s birth through the submission of the birth certificate or an official extract from the civil registry.

Types of residence permits in Germany

Types of residence permits in Germany are divided into two main categories: permanent residence and temporary residence. Permanent residence is available to individuals who have lived in Germany for more than five years and wish to apply for it.

Temporary residence is the most common type in Germany and is granted to newcomers for one year, with the possibility of extension depending on the purpose of stay.

Therefore, the type of residence permit depends on the reason for traveling to and staying in Germany, which includes the following:

• Residence Permit No. 33 in Germany: Designed for children born on German soil and outlines how they can obtain a residence permit.
• Work Residence Permit: For individuals who wish to stay in Germany for employment, with the possibility of converting a study permit into a work permit, which can help in obtaining permanent residence and German citizenship.
• Marriage Residence Permit: One of the easiest permits to obtain in Germany, available to migrants who marry a German citizen.
• Asylum Residence Permit: Specifically for refugees, valid for 2 to 3 years, with the option to extend upon expiration.
• Investment Residence Permit: Relatively easy to obtain, requiring minimal time, and after two years, permanent residence can be granted if profits are achieved.
• Student Residence Permit: Allows students to stay in Germany for at least 18 months after the end of the academic year.
• Blue Card Residence Permit: Provides the right to live and work in Germany.

Frequently Asked Questions about Residence Permit No. 33 in Germany

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