HERE YOU LEARN ...
... whether and when your child needs a visa
... how the application process for a child visa works
... how to apply for a visa for your child
... what requirements and documents are necessary to apply for a child visa
Written by:
Attorney
Publication date:
03.01.2024
Reading time
7 mins
Table of Content
1. When do I need a visa to bring my children to Germany?
2. Do I need a visa to bring my child to Germany if my child was born in Germany?
3. What happens to the child’s residence permit when he or she reaches adulthood?
4. Can children apply for a settlement permit?
5. FAQ (child reunification)
Child reunification in Germany
The reunification of children is particularly relevant in the context of family reunification. First of all, it should be noted that children always require their own residence permit and a corresponding visa. Even a minor child is not "part" of the visa or residence permit of the parents and must submit their own application for a visa or residence permit (represented by the parents).
In total, around 27,000 visas (as of 2023) are issued each year for the reunification of children, which is around 33% of all visas for family reunification. Most of the children come from Kosovo and Serbia, Turkey, Syria, India and Bosnia and Herzegovina. Many of the children were reunited with holders of an EU Blue Card (around 4,400). Many of the children stay in Germany permanently (e.g. with a settlement permit) or are successfully naturalized, as immigration during childhood significantly increases the opportunities for integration (including legally).
1. When do I need a visa to bring my children to Germany?
A visa for family reunification is always required if the child does not have German or European citizenship. A corresponding entry visa must then be applied for at the embassy. This usually applies even if the child could actually enter the country without a visa due to their nationality. The only exceptions to this are nationals of the so-called “best friends countries” (USA, Australia, Israel, Japan, Canada, South Korea, New Zealand, Great Britain, Northern Ireland).
The application process at the embassy is basically no different from the other application processes for family reunification (e.g. for spouse reunification or parent reunification). First, an appointment must be booked, then the documents must be collected and once the appointment has been completed, the visa will (hopefully) be issued. When booking an appointment, however, it is important to ensure that an appointment is booked for both the parents and the child. Booking an appointment for the child only will result in only one person being allowed into the embassy. If an appointment is requested for the whole family and the appointment booking system does not allow a joint booking, you can ask the embassy in a friendly manner (e.g. via the contact form) whether the different appointments can take place at the same time. The embassy also has an interest in this, as it saves unnecessary work.
The documents required are manageable compared to other family reunification visas. Although a separate application form is required (specifically a completed VIDEX form ), the other documents to be submitted are often limited to the passport and birth certificate or comparable documents (e.g. extract from the civil registry of the respective country). Only in cases where child reunification is applied for by one parent alone is proof of custody usually required (e.g. the relevant court decision). After these documents have been presented at the appointment, the fee must be paid. The fee for a child reunification visa is usually significantly reduced. Once the visa has been issued, entry to Germany is possible.
2. Do I need a visa to bring my child to Germany if my child was born in Germany?
If the child was born in Germany, it is not necessary to leave the country and re-enter the country to apply for a visa for the child. Although German residence law "to control migration movements" stipulates that foreigners born in Germany also require a visa, the immigration authorities have the option of waiving this requirement if one of the parents has a residence permit, a settlement permit or a permanent residence permit - EU. If both parents have such a residence permit, the immigration authorities must even waive the visa requirement. In these cases, a residence permit for the child can be applied for directly without having to leave the country first.
The application process for applying for a residence permit for children is not particularly different from other family reunification residence permits. First, the relevant immigration authority must be identified (registration certificate), then the necessary documents must be collected and finally an appointment is booked with the immigration authority. The immigration authorities usually provide information about the necessary documents on their websites. For the large immigration authorities, these are the following:
Often, all that needs to be presented to the immigration authorities is the child's birth certificate and passport. However, this varies from immigration authority to immigration authority.
The application process for applying for a residence permit for children is not particularly different from other family reunification residence permits. First, the relevant immigration authority must be identified (registration certificate), then the necessary documents must be collected and finally an appointment is booked at the immigration authority. The immigration authorities usually provide information about the necessary documents on their websites. For the large immigration authorities, these are the following:
Often, all that needs to be presented to the immigration authorities is the child's birth certificate and passport. However, this varies from immigration authority to immigration authority.
3. What happens to the child’s residence permit when he or she reaches adulthood?
Many people wonder what happens to a child's visa when they reach the age of majority. German residence law clearly regulates this situation in Section 34 of the Residence Act (AufenthG). As soon as a child turns 18, their residence permit changes fundamentally.
According to Section 34 of the Residence Act, the child's previously granted residence permit becomes an independent right of residence when the child reaches adulthood, independent of family reunification. This means that from this point onwards the child is no longer dependent on the residence permit of its parents. It acquires an independent right of residence and can therefore remain in Germany independently.
It is important to note, however, that this independent right of residence does not apply automatically. Children who reach the age of majority must actively apply for a new residence permit in accordance with Section 34 of the Residence Act. The application for an independent residence permit should be submitted in good time to avoid legal uncertainty.
In summary, children can acquire an independent right of residence when they reach adulthood, but this must be formally applied for. If you keep these regulations in mind, you can ensure a seamless transition process and avoid potential problems with your residence status.
4. Can children apply for a settlement permit?
For many people it is unclear whether underage children can apply for a settlement permit. This question is not clearly answered in the German Residence Act and is partly controversial in legal science.
In principle, anyone can apply for a settlement permit in accordance with Section 9 of the Residence Act - including underage children, provided the necessary requirements are met. However, there is a special regulation in Section 35 Paragraph 1 of the Residence Act, which stipulates that underage children can generally only be granted a settlement permit after they turn 16.
There is controversy in the legal community as to whether Section 35 of the Residence Act applies independently of Section 9 of the Residence Act or whether Section 35 of the Residence Act "blocks" the general Section 9 of the Residence Act due to the principle of speciality (lex specialis). Authorities tend to view Section 35 Paragraph 1 of the Residence Act as a more specific regulation, which means that a settlement permit for minors can generally only be applied for from the age of 16. However, there are also dissenting opinions that question this interpretation.
Another point of contention is whether Section 35 Paragraph 1 of the Residence Act also "blocks" the permit for permanent EU residence under Section 9a of the Residence Act. Although there is much to be said for applying the speciality principle, Section 9a of the Residence Act is based on European law, which generally takes precedence over national law - including Section 35 of the Residence Act.
In summary, the question of whether and when underage children can apply for a settlement permit is complex and legally controversial. It is therefore advisable to consult a lawyer specialising in migration law to receive individual advice and support.
5. FAQ (child reunification)
Do children in Germany have a right to school education?
Yes, all children in Germany have the right to school education. This also applies to children of migrants, regardless of their residence status.
How do children obtain a residence permit in Germany?
Children can obtain a residence permit in Germany within the framework of family reunification if one or both parents have a valid residence permit. The exact requirements depend on the residence status of the parents and are regulated by the Residence Act.
What financial support is available for children in Germany?
There are various financial benefits for children in Germany, including child benefit, child supplement and parental allowance. These benefits are intended to ease the burden on families and ensure that children receive basic care. These benefits are also available to children of migrants under certain conditions.
What residence rights do children have after the age of 18?
After the age of 18, children in Germany receive an independent right of residence that is no longer tied to their parents' residence permit. However, they must apply for a new residence permit in accordance with § 34 AufenthG.
Can children be naturalized in Germany?
Yes, children can be naturalized in Germany under certain conditions. These conditions generally include several years of legal residence, sufficient knowledge of German and a secure livelihood. Children born in Germany are also automatically granted German citizenship under certain conditions if at least one parent has a permanent right of residence at the time of birth.
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Information on bringing children to Germany at make-it-in-germany.com
Children's visa at the State Office for Immigration (LEA) in Berlin
NK-AuslR/Oberhäuser, 3rd edition 2023, Residence Act § 32
Literature: Wiedmann/Niehaus, Munich Lawyers' Handbook on Migration and Integration Law, 3rd edition 2024, §§ 32, 33, 34, 35 AufenthG
