Naturalization via unborn child of Duldung father living in Germany for 7 years

Question

Hi,

This is a theoretical question in order to plan our future. My partner (not legally married) currently has an Ausbildungsduldung and is applying for residency permit of Absatz 25b and has been in Germany for almost 7 years.
I am here on a Student visa.
With the new law coming out on the fact that children born in Germany to Ausländer parents living here for 7 years, would our unborn child technically be eligible for immediate Naturalization at birth?

And should that be the case, could we technically be able to naturalize after her, (after getting permanent residency status probably)?

Answer 1

Hi @mmohamedali

Children of foreigners who are born in Germany automatically receive German citizenship if, at the time of their brith, at least one parent has been legally resident in Germany for 8 years. The planned change to this law is to reduce the amount of time from 8 to 5 years.

In the case you describe, your partner is not legally resident in the strict sense of the law. In German the law refers to 'einen rechtmäßigen und gewöhnlichen Aufenthalt'. A Duldung or an Ausbildungsduldung does not come under this. Only once he receives the permit 25b will the time as legally resident begin.

If you have been here legally for 8 years (or once the new law is passed as planned 5 years), then the child can receive automatic German citizenship. At that point you can have a permit as the parent of a German child but to my knowledge it does not mean the naturalisation process will be any faster than otherwise.

Best,

Éanna