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asked May 13 in Legal advice by Tony111 | 1 view
I don’t know if it was a mistake

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Dear @Tony111,

Welcome back to the Wefugees Community and thank you for reaching out to us again.

I am afraid that we may need some more details to understand your (daughter's) situation. The residence title according to section 33 of the German Residence Act can be issued for children born in Germany if the parents (or one parent, which is a bit less straightforward if the parent does not have the sole custody) hold a valid residence permit in Germany. The respective section of tke law says:

Section 33
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.

The residence permit according to section 25 (3), however, is issued when the authorities granted a so-called "national ban on deportation". Please see Handbook Germany for more details on this. Did you apply for asylum for the child in the meantime or did anything change with your status as parents?

I am looking forward to your reply and will also link my dear colleague @mbeon-fardeen here. Maybe he can add some advice/information as well.

All the best,


answered May 14 by Meike
Nothing change her mum is holding resident permit before the child was born she was holding 33 for almost 4 years now my wife went to renew the documents came out we saw paragraph 25 abs 3 instead of 33 she did not apply for asylum the caritas wrote a letter to the auslenderbeholder  I don’t know why it now 25
We all leave together both parents are working
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