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I give birth for someone with para 28 abs 1 s 1 nr3  can him give residence permit to his child in Germany?
asked Jun 26 in Asylum proceedings by Zaza
edited Jun 27 by Zaza

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Dear @Zaza,

Welcome to the Wefugees Community and thank you for your question.

Section 33 of the German Residence Act states:

Children born in the federal territory

In derogation from sections 5 and 29 (1) no. 2, a child who is born in the federal territory may be granted a temporary residence permit ex officio if one parent possesses a temporary residence permit, permanent settlement permit or EU long-term residence permit. Where both parents or the parent possessing sole right of care and custody hold a temporary residence permit, a permanent settlement permit or an EU long-term residence permit at the time of their child's birth, the child born in the federal territory is granted a temporary residence permit ex officio. A child born in the federal territory whose mother or father possesses a visa or is permitted to stay in the federal territory without a visa at the time of the child's birth is permitted to stay in the federal territory until the visa or the lawful period of stay without a visa expires.

Therefore, if one parent is holding the temporary residence permit according to Section 28 (3) as parent of a German child, I would recommend to apply for the residence permit according to Section 33 for the child you were asking about here. If the father is the one holding the 28 (3), it will be important that he officially declared the fatherhood and is actually taking care of the child.

Would you agree or can you add any information dear @mbeon-fardeen or @mbeon-Rukundo?

In any case, please also don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Jun 27 by Meike
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