Jobcenter for Eu residence permit

Question

Good day,
I'm a nigerian with EU residence permit cause my child is a Italian.
 I got my residence permit like 4 months ago haven't go to Jobcenter yet.

Cause my child is 9 months  born in Germany, I can't work at the moment, they told me that he will go to Kindergarten 2024/25.
I don't know, will Jobcenter accept my application for Arbeitlösergeld?

Thank  you

Answer 1

Hi @Treyy

A person from a non-EU country is not given a residence simply based on the fact that their child is an EU citizen. The child must be entitled to be in Germany under EU freedom of movement rights. Most generally, this is due to the EU parent working in Germany or having worked in the past. The rights of the non-EU parent to stay in Germany are then usually based on that parent providing care or financial support to the child.

Is your residence permit based on one of the following legal articles?

Article 20. AEUV

Article 21. AEUV

Article 10 EU Regulation 492/2011

It should state the basis for your permit on the front of it.

I don’t wish to make my answer overly complicated. It is just because the area of EU residency rights and access to social welfare benefits are quite complicated so it would help to know on exactly which ground you have a residency permit.

In general, however, non-EU parents of EU children are entitled to Arbeitslosengeld.

The Jobcenter now calls the Arbeitslosengeld ‘Bürgergeld’.

Best,

Éanna

Comments

Good day,
Thank you for the reply.
Yes the father of my child is working here over 11 years.

I have the Artikel 10 EU Regulation 492/2011

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I wanted to ask cause my residence permit is according to my nigerian passport till October. If go now to Jobcenter will I have a problem renewing my residence permit by October or getting less years cause am under Social welfare?

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@Treyy Do you have another child who is attending school? I ask because the residence permit Artikel 10 EU Regulation 492/2011 is for parents of children who are in school (not going to Kindergarten).

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No i only have my 9 months old, his my first child,
I just checked well it's says on my Residence permit EU Familie Angehörige ART 10 Rl 2004/38/EG

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Ok that's a more general permit based on being a family member of an EU citizen.

Could your permit be based on a relationship with the father? I ask because if it was based on the child there are usually additional requirements.

Regardless of which family member it is based on, accessing Jobcenter benefits does not affect your residence permit now or in future when extending it. What can affect your permit is a change in your family situation.

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Me and the father are not together anymore.
But i guess is based on the child

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Thank you very for the information