If you're a foreigner – and not an EU citizen – in Germany and see it as your home for the foreseeable future, you might have thought about becoming a German citizen to guarantee your residency rights and gain some new ones in the process.
The naturalisation process in Germany is complicated. Generally, you need to have been legally resident in the country for five years, be financially self-sufficient, and able to demonstrate a reasonable command of the German language, as well as German laws and norms.
Will having a German-born child could in your favour? Not necessarily.
Having a German child won't fast track or guarantee your naturalisation process per se, but there are a few indirect advantages.
Long-term residence, integration, and family ties (such as raising a child in Germany) can strengthen the parents' case for permanent residence or naturalisation over time.
One thing that will definitely speed things up - effectively allowing you to apply for naturalisation after three years of residence (instead of five) - is being married to a German mother or father of the child.
That's provided you've been married for at least two years. This is because marriage to a German citizen is considered an integration factor and shortens the minimum residence time.
READ ALSO: How to become a German citizen through marriage
Regarding your child's citizenship status, if they are born in Germany to at least one German parent they will automatically be considered German themselves.
Alternatively, if they are born in the country and at least one parent has been legally resident in Germany for at least five years, then they may also automatically gain German citizenship. If not, they can apply for citizenship after they've been resident in the country for five years themselves - so from their fifth birthday if they stay in the country.
Does having a child in Germany change my residency rights?
Having a child born in Germany does not automatically change your rights to residency.
You will have the same permit you did before, and if it was linked to employment, for example, you could still lose it if you lose your job. Any extensions will still be subject to the same conditions as before you had a child.
However, having a German child can improve your residence rights if you are not German yourself.
Residence permits based on "family reunification" are granted for spouses, registered partners or unmarried minor children. And, as a non-German parent of a German citizen, you may be entitled to a residence permit to care for the child (under §28 Aufenthaltsgesetz – German Residence Act).
READ ALSO: Reader question - Can you naturalise as German while on parental leave?
What about permits for the newborn?
If at least one of the parents has legal residency in Germany, then a residence permit for the newborn will usually be issued automatically.
However, if this doesn't happen, parents are responsible for applying for a permit for their babies before they turn six months old.
If you're EU citizens, then you just need an Anmeldebescheinigung, which you'll get when you register the baby's birth. You need to do this at the Standesamt (registry office) within one week of their birth.
READ ALSO: Who's exempt from taking a citizenship test for naturalisation?
A matter of human rights
Real-life cases and jurisprudence, along with international laws, make a big difference regarding children's rights. The respect for the child's best interests is enshrined in Article 8 of the European Convention on Human Rights, which deals with the right to respect for private and family life, home and correspondence.
This can be argued when not granting a permit to a third-country national parent would endanger a child's welfare due to loss of contact.
If a non-German child or their parent were at risk of expulsion from Germany, Article 8 could be invoked in a case arguing that residence should be granted because the child was already enrolled in school in the country, for example.
One notable case in 2015 involved a German minor who had been born to a foreign parent who did not have an independent residence permit initially. The court ruled in favour of the parent.
The Berlin-Brandenburg Administrative Court ruled the parent's deportation unlawful on the grounds that it would effectively force their minor German child to leave Germany, thereby violating the child’s right to reside in their home country and undermine their access to education, healthcare, and social services.
This case is widely cited as a strong precedent in German administrative law protecting family unity and the residence rights of parents of German children.
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