Answer:
Hi Abdul,
Congratulations on the birth of your child!
According to Section 33 of the German Residence Act, a child born in Germany is granted a residence permit ex officio if both parents have a residence permit or a settlement permit at the time of birth. This is the case with you and your wife.
Under certain conditions, the child born in Germany can also be granted German citizenship (§ 4 paragraph 3 Citizenship Act) if:
- one of the parents has had legal residence in Germany for eight years and
- is in possession of an unlimited residence permit, i.e., the settlement permit.
The time of the asylum procedure is regularly not legal residence in the sense required here, which is only permitted residence. However, the time of the asylum procedure subsequently becomes legal residence if the asylum procedure ends with a positive decision.
We do not know how long you have been in Germany legally, but if it has already been eight years, we would advise you to apply for German citizenship for your child.
This article was first puplished in German:
https://www.kohero-magazin.de/frage-und-antwort-warum-keinen-unbefristeten-aufenthalt-fuer-mein-kind/