A child born in Germany who is exclusively a foreign national can obtain a residence permit if at least one parent holds a residence permit, settlement permit or EU permanent residence permit.

If both parents or one of the parents with sole custody are in possession of one of the aforementioned residence permits at the time of birth, the child is entitled to a residence permit for children born in Germany.

As a rule, the immigration authority will take action on its own initiative (i.e. without an application). To do this, it is informed of the child's birth by the responsible registration office.

The child's residence is deemed to be permitted until the immigration authority has made a decision.

If it is foreseeable that the immigration authority will not issue the residence permit within six months of the child's birth, the parents must submit an application for a residence permit before the six months have expired.

If the parents are in possession of a visa at the time of the child's birth or are staying in Germany without a visa, the child will be treated as if it had a visa or was visa-free. If the child's stay in Germany is to be continued after the visa or visa-free period has expired, an application for a residence permit for the child should be submitted to the Foreigners' Registration Office.