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Hello good morning everyone I have a question I hope someone will help me with that I'm married with my Polish wife and my wife is more then 8 years in germany and permanent here too and I have resident permit with because of my wife in germany and now my wife is pregnant and next month we will have baby boy my boy will get german nationality as mother is longer then 8 years and permanent in germany and my question is when my son will born and have german nationality so when I can apply for permanent resident in germany or nationality can I apply before then 5 years as my child will be german national because the time I marry my wife she is permanent in german but she is polish/European citizen or when my wife make german nationality then when I can apply for permanent or nationality what are my chances to have quick permanent or nationality ? I hope I will get some use full information
Thanks and best regards everyone
asked Apr 8 in Legal advice by Musawvir

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4 Answers

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Dear @Musawir,

Thank you for your question and for sharing your story with us!

If I understood everything well, you already have a residence permit due to your marriage with an EU-citizen. Your wife and you are expecting a boy next month. He will get the German nationality because your wife has been established in Germany for more than 8 years.

Now you would like to know when you will be able to apply for permanent residence or for the German nationality. Please let me know if there is anything I understood wrong!

1. Concerning the permanent residence (Niederlassungserlaubnis):

As @Nilab explained you in your previous question, you can usually apply for it after 5 years continuous residence in Germany, under certain conditions (sufficient income, level of German, etc.). However, if you have a German child, the conditions are slightly more advantageous: you can apply for a permanent residence already 3 years after your son was born, if you are living with him and are holding a valid residence permit (§28 Abs. 2 AufenthG). Please note that the conditions of sufficient income and German level (B1) remain the same. 

Here is an example of the conditions and the necessary documents for such an application (this is for Berlin; depending on the city you live in, the required documents may slightly differ).

2. Concerning the German nationality:

You can usually apply for naturalization after 8 years living in Germany. However, there is following exception: if your wife applies for a naturalization, you can apply with her before 8 years residence. This is called a derivative naturalization (Miteinbürgerung) and is the result of §10 Abs. 2 StAG. Here are the other conditions you need to meet to get naturalized, as listed on the BAMF website:

  • You have an unrestricted right of residence at the time of being naturalised,
  • You have passed the naturalisation test (knowledge of the legal and social system, as well as living conditions in Germany),
  • You have been living in Germany with a residence permit for eight years (this period can be reduced to seven years if you attend an integration course successfully, and can be reduced to as few as six years in the case of special integration measures) -> except in the case of derivative naturalization
  • You have independent means of securing a living (including for family members entitled to maintenance) without resorting to welfare payments and unemployment benefit II,
  • You have adequate German-language skills,
  • You do not have any convictions on account of a criminal offence,
  • You are committed to the free democratic constitutional order of the Basic Law of the Federal Republic of Germany, and
  • You have lost or given up your former nationality (exceptions apply with regard to this point, depending on the country of origin; please contact the naturalisation authority)

As you probably noticed, for both procedures, it is very important to have good German-language skills, which you can acquire by visiting a course at the Volkshochshule for instance.

I hope this helps you. Don't hesitate to add a comment if you need further information!

All the best,

Safia

answered Apr 9 by Safia Advocate
edited Apr 12 by Safia Advocate
0 votes
Thanks so much guys for your help it is really good information great thanks
answered Apr 10 by Musawvir
0 votes
I have one question I'm a bit confuse I have now 5 abs freizügg eu I have this resident do I have to change it to §28 Abs. 3 AufenthG this para then I can apply after 3 years of my son birth or when my wife change nationality or I can stay with my same 5 abs freizügg eu permit if I must change my resident to different what I would need to do because at this moment I have 5 abs freizügg eu can I after three years birth of my child apply for permanent or nationality on my current 5 abs freizügg eu or do I have to change it to different I mean §28 Abs. 3 AufenthG the answer on that question  will clear my mind that what excaltely I must do many thanks
answered Apr 10 by Musawvir
Dear Musawvir,

You don't need to change your residence permit. Any valid residence permit allows you to apply for the Niederlassungserlaubnis under § 28 Abs. 2 (not §28 Abs. 3 - sorry I mistype in my original answer), providing you fulfill the other conditions. To make sure everything is clear, I list them here:

- A valid residence permit for at least 3 years ( as I said it is not a problem that you are currently holding a residence permit under §5 FreizügG/EU)
- Having lived and cared with your child for at least 3 years, and planning to keep doing so
- Sufficient German language skills (B1)
- Sufficient Health insurance and income to provide for your family without social welfare (ALG II or Grundsicherung)
- No criminal record

I hope this answers your question, and don't hesitate to let me know if you need more explanation.

All the best,
Safia
0 votes
I have one question I'm a bit confuse I have now 5 abs freizügg eu I have this resident do I have to change it to §28 Abs. 3 AufenthG this para then I can apply after 3 years of my son birth or when my wife change nationality or I can stay with my same 5 abs freizügg eu permit if I must change my resident to different what I would need to do because at this moment I have 5 abs freizügg eu can I after three years birth of my child apply for permanent or nationality on my current 5 abs freizügg eu or do I have to change it to different I mean §28 Abs. 3 AufenthG the answer on that question  will clear my mind that what excaltely I must do many thanks safia advocate
answered Apr 11 by Musawvir
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