UK citizen, resident/working in Germany.

I currently have a Family Reunification Visa as I have a 14 year old child here who is German. He has dual nationality and lives in Germany with his mother. He stays with me part time.

I have been working here for 2 1/2 years with an Aufenthaltserlaubnis permit. I want to apply for settlement permit to be with my son and live in Germany permanently. I think I can renew my Aufenthaltserlaubnis every 2 years (it was valid for 3 on entry).

  1. What are the requirements? I have A1 language certificate and earn €60.000 per year. Do I have to get B1 or is the 'family reason' enough to be able to stay?

  2. Will I be deported when my son reaches 18 and is no longer a minor? Or is it 16?

The official site is good for 'normal' family reunification with husband/wife or underage children coming in but doesn't mention what to do if I am here for my German underage child.

by HelixSaS

3 comments

  1. AFAIK there’s no special criteria for Niederlassungserlaubnis if you have a German child. You need to fulfill the normal criteria. You can get a residence permit on the basis of having a minor German child, but you already have one so that part doesn’t help you.

  2. First of all, foreigners only get deported after a long process and only if they don’t apply for a permit for which they are eligible.

    You can have a family reunion permit to a minor child until your kid is 18. You need a different permit by then.

    You’ll need B1 German for an NE.

    Alternatively, you could apply for a Blue Card if you don’t want to learn German.

  3. For the first question:

    Pursuant to § 28 (3) AufenthG you can get a Niederlassungserlaubnis for family reunification with a German citizen (which includes underage German citizens!) if:

    – you held the Aufenthaltserlaubnis for 3 years (you have)
    – the family partnership (“familiäre Lebensgemeinschaft”) continues to exist (it does, otherwise you couldn’t get renewals either)
    – there is no interest in expulsion against you (eg. because you committed a serious crime) and
    – you speak B1 German
    – [aswell as the general requirements: health insurance, the sustainability requirement, etc.]

    The city of Munich has a page on this type of Niederlassungserlaubnis, you can [view it here](https://stadt.muenchen.de/service/en-GB/info/hauptabteilung-ii-buergerangelegenheiten/10423965/) (even in English!).

    As regards the second question: as far as I know it is 18. It is about the child being a minor, and that is the case until he reaches the age of 18. This gives you more than enough time to get a Niederlassungserlaubnis.

    I think your Aufenthaltserlaubnis could be renewed even if your son reaches 18, as long as your son and you still form the family partnership (“familiäre Lebensgemeinschaft”) and (!) he is doing an Ausbildung leading to a recognized degree (‘normal’ Berufsausbildung or a Studium etc.). However, best to play it safe and get the Niederlassungserlaubnis as soon as possible.

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