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Child visa, Section 32 Residence Act
All residence permit information for applying for a visa for children in Germany (child visa).
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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 for child visas
1. When do I need a visa to join my child?
2. Do I need a visa to join my child 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 permanent residence permit?
5. FAQ (child reunification)
6. Conclusion
1. When do I need a visa to join my child?
In the context of family reunification, the reunification of children is particularly relevant. 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 parents' visa or residence permit and must submit their own application for a visa or residence permit (represented by the parents).
A total of approximately 27,000 visas for the reunification of children are issued each year (as of 2023), which represents approximately 33% of all family reunification visas. Most of these children come from Kosovo and Serbia, Turkey, Syria, India, and Bosnia and Herzegovina. Many of these children were reunited with EU Blue Card holders (approximately 4,400). Many of the children remain in Germany permanently (e.g., with a settlement permit) or successfully become naturalized citizens, as immigration during childhood significantly increases the opportunities for integration (including legal aspects). One of our independent VISAGUARD lawyers would be happy to advise you on this matter.
2. Do I need a visa to join my child if my child was born in Germany?
A visa for family reunification is always required if the child is not a German or European citizen. A corresponding entry visa must then be applied for at the embassy. This generally applies even if the child would otherwise be eligible for visa-free entry due to their nationality. The only exception to this are citizens of the so-called "Best Friends" countries (USA, Australia, Israel, Japan, Canada, South Korea, New Zealand, Great Britain, and Northern Ireland).
The application process at the embassy is fundamentally no different from other application processes for family reunification (e.g. for the reunification of a spouse or parents). First, an appointment must be booked , then the documents must be collected, and after the appointment, the visa will (hopefully) be issued. When booking an appointment, however, it is important to note that one appointment is booked for the parents and the child . Booking an appointment just for the child will mean that only one person will be allowed into the embassy. If an appointment is being requested for the entire family and the appointment booking system does not allow a joint booking, you can politely ask the embassy (see, for example, the contact form of the embassies in India ) whether the different appointments can take place at the same time. The embassy is also interested in this, as it saves unnecessary work.
The required documents are manageable compared to other family reunification visas. While a separate application form is required (specifically, a completed VIDEX form ), the other documents to be submitted are often limited to a passport and birth certificate or comparable documents (e.g., an 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 (see Section 50 of the Residence Ordinance ). Once the visa has been granted, entry to Germany is permitted.
2. Do I need a visa to join my child 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 (see Section 33 of the Residence Act ). 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 long-term 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. One of the independent VISAGUARD lawyers will be happy to provide you with further information.
The application process for a residence permit for children is not particularly different from other family reunification residence permits. First, the responsible immigration authority must be identified (provided with a registration certificate), then the necessary documents must be collected, and finally, an appointment with the immigration authority is booked. Immigration authorities usually provide information about the required documents on their websites. For the major immigration authorities, these are the following:
Often, only the child's birth certificate and passport must be presented to the immigration office. However, this varies from immigration office to immigration office.
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 adulthood . 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 AufenthG, the child's previously granted residence permit becomes an independent right of residence upon reaching adulthood, independent of family reunification . This means that from this point on, the child is no longer dependent on their parents' residence permit. They acquire 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 adulthood 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 a timely manner to avoid legal uncertainty.
In summary, although children can acquire independent residency rights upon reaching adulthood, they must formally apply for them. Keeping these regulations in mind will ensure a seamless transition process and avoid potential problems with residency status.
4. Can children apply for a permanent residence permit?
Many people are unclear about whether underage children can apply for a settlement permit. This question is not clearly answered in German Residence Act and is partly controversial in legal scholarship.
In principle, anyone can apply for a settlement permit under Section 9 of the Residence Act – including underage children, provided the necessary requirements are met. However, there is a special provision in Section 35 (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 among legal experts 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 specialty (lex specialis) . Authorities tend to view Section 35 (1) of the Residence Act as a more specialized provision, 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 (1) of the Residence Act also "blocks" the EU permanent residence permit under Section 9a of the Residence Act . While there is much to support the application of the specialty 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 minor children can apply for a settlement permit is complex and legally controversial. Therefore, it is advisable to consult a lawyer specializing in immigration law for individual advice and support.
5. FAQ (child reunification)
Do children in Germany have a right to education?
Yes, all children in Germany have the right to 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 as part of family reunification if one or both parents have a valid residence permit. The exact requirements depend on the parents' residence status and are regulated by the Residence Act.
What financial support is available for children in Germany?
In Germany, various forms of financial support are available for children, including child benefit, child supplement, and parental allowance. These benefits are intended to ease the burden on families and ensure basic care for children. These benefits are also available to children of migrants under certain conditions.
What residence rights do children have after they turn 18?
After turning 18, children in Germany receive an independent right of residence, which is no longer tied to their parents' residence permit. However, they must apply for a new residence permit in accordance with Section 34 of the Residence Act.
Can children become naturalized in Germany?
Yes, children can be naturalized in Germany under certain conditions. These requirements generally include several years of legal residence, sufficient German language skills, and a secure livelihood. Children born in Germany also automatically receive German citizenship under certain conditions if at least one parent has permanent residency at the time of birth.
6. Conclusion
Foreign children require their own child visa to join their families in Germany (Section 32 of the Residence Act). If the child is born in Germany and the parents already have a residence permit, the immigration authorities may waive the visa requirement (Section 33 of the Residence Act). Once a child reaches the age of majority, they can apply for an independent right of residence under Section 34 of the Residence Act. Under certain conditions (e.g., a longer stay), they may also apply for a settlement permit or naturalization .
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List of Sources (Paywall)
[1] NK-AuslR/Oberhäuser, 3rd edition 2023, Residence Act § 32
[2] Wiedmann/Niehaus, Munich AHB MigR, 2024, §§ 32 ff.
[3] Prof. Dr. Friederike Wapler: Implementation and Application of the Convention on the Rights of the Child in Germany, Legal Opinion commissioned by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ), Johannes Gutenberg University Mainz, 25 September 2017
[4] Regarding reunification with the unborn child, see VG Berlin, decision of 08.03.2009, Ref. VG 10 L 53.08 V; OVG Bremen, decision of 06.07.2015, 1 PA 80/15
[5] Regarding the entitlement to child benefit for foreigners, see FG Niedersachsen, judgment of 09.07.2007 – 16 K 427/05
[6] Visa Handbook, Family Reunification, as of June 2024
[7] Visa Handbook, Children’s Reunification, as of June 2024