Whether a child born in Germany is issued a residence permit depends on the residence status of the parents.
If a parent is already recognised as an individual entitled to asylum, refugee status or subsidiary protection, for their child (born in Germany) there will be two options:
1. If you can (as a parent) obtain a passport for your child from your home country or have your child’s name added to your passport, your child can obtain a residence permit according to §33 of Residence Act. To apply for the residence permit, you must go to your local Immigration Office and present your residence permit and the child's passport and birth certificate. Please note that as a recognised refugee or asylum seeker, you are not allowed to visit your home country's embassy or travel to your home country. You can find more detailed information about birth certificates in our chapter "Pregnancy".
2. As a parent, you can apply for asylum on your child's behalf. To do so, you must send an informal letter to the BAMF in Nuremberg (BAMF, Unit 716, Frankenstraße 210, 90461 Nuremberg) indicating that you would like to apply for asylum for the child (born in German). The letter must be accompanied by your personal data and your BAMF file reference number and a copy of the child's birth certificate. In principle, the child will be granted the same status as you- so if you, for instance, are recognised as a refugee, your child will also be recognised as a refugee. As soon as the BAMF decides on your child's asylum application, you will receive a letter. You must then go to the Immigration Office responsible for you and present the mentioned letter along with your police registration notice, your child’s birth certificate, and a passport photo of him/her.
An asylum procedure will be automatically initiated for your newborn child if your asylum procedure is ongoing or your application has been rejected or in case you have been granted a residence permit due to a national ban on deportation or "Abschiebungsverbot" (§25 Paragraph 5 Residence Act). Then, the child will be granted a temporary residence permit ("Aufenthaltsgestattung"). To initiate the asylum procedure, you must inform the Immigration Office about the childbirth by presenting them the birth certificate or the register extract from the Civil Registry Office ("Standesamt"). You can find more detailed information about birth certificates in our chapter "Pregnancy". The Immigration Office, then, informs the BAMF. Once the asylum procedure has been initiated for your child, you will be notified in writing. You will then be asked if you would like to cancel your child's asylum procedure. It is best to seek advice from a counselling centre or lawyer before replying, as this can be a tricky decision to make. The reason is that if your own asylum application is rejected, your child's asylum application is also likely to be rejected. However, your child's application will not be simply rejected ("einfache Ablehnung"), but will be dismissed as obviously unfounded ("Ablehnung als offensichtlich unbegründet"). Rejection as obviously unfounded has serious consequences for the designated departure deadline and any possible re-entry. You can read more about different types of rejection in our chapter "Rejected Asylum". You can find a counselling centre in your area on proasyl.de. To find a lawyer nearby visit rechtsberaterkonferenz.de. If you do not carry out an asylum procedure for your child, your child will be granted a tolerated stay permit or "Duldung".
Please note: If you have a tolerated stay permit or "Duldung", your child will be granted one as well.