Einbürgerungsantrag

Question

I came to Germany as on basis of family unification from Italy  after marriage in Tonder Denmark Nov   2015 , now divorced and I have Niederlassungserlaubnis § 9, and I had also applied for Naturalisation § 10 on May 4 2023. I have a fixed contract of work  in both my permanent job and mini Job,  income 2000 Euro. I also had a daughter on 17.03. 2023. My question is will my Daughter get § 33 or Citizenship? I applied the Citizenship along with my daughter.

Answer 1

Hello Lucky , It's very good as you already have Niederlassungserlaubnis § 9 and due to that , your child will be granted German citizenship automatically.  Thanks and I hope I have answered your question and don't forget to come back whenever something is bothering you.

Answer 2

Dear @LuckyD,

Thank you for your question.

Unfortunately, I have my doubts if you currently meet the requirements for your daughter being German. The law says that a child of non-German parents can be German if at least one parent have stayed (legally) in Germany for a minimum of 8 years AND holds a permanent residence permit (Niederlassungserlaubnis) at the time of the birth. As you may also read here.

If I’m not mistaken, you haven’t stayed in Germany for 8 years in March 2023, right? Maybe the other parent or is the other parent German? You also didn’t move to Germany as a EU-citizen’s spouse right? 

Based on what I understood, I assume that your daughter may receive a residence permit according to section 33.

In any case, I always recommend to contact a migration counseling office to assess your individual case. The information we try to provide here can not substitute personal counseling.

All the best,

Meike 

Comments

The father has lived for 8 years since 2015 and currently having permanent resident § 9.

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Hello and thanks for the reply. If the father, at the time when the child was born (!), already was living in Germany since 8 years AND was holding a Niederlassungserlaubnis, the child indeed may be able to receive the German citizenship.
All the best,

Meike