Residence Permit as the Parent of a German Child (§ 28 Abs. 1 Nr. 3 AufenthG)

A child with German citizenship gives their foreign parent one of the strongest residence claims German law knows. Under § 28 Abs. 1 S. 1 Nr. 3 AufenthG, the custodial parent of a minor unmarried German child is entitled to a residence permit for the purpose of caring for the child — without income requirements and with full access to the labour market. This guide explains the conditions, the special situations around paternity and unborn children, and the path to permanent residence.

The Legal Basis

The provision protects the child, not primarily the parent: a German child must be able to grow up in Germany with the people responsible for them. Three elements must be present:

the child is German, a minor and unmarried,
the child has their ordinary residence in Germany,
the applicant is a parent and exercises parental care (Personensorge).

Where the parent does not hold custody but has genuine, regular contact and shares responsibility, a permit can be granted under § 28 Abs. 1 S. 4 AufenthG at the authority’s discretion — the decisive question is the child’s need for the parent’s presence.

No Income Requirement

The permit for the custodial parent must be issued in derogation of § 5 Abs. 1 Nr. 1 AufenthG: neither secured livelihood nor adequate housing may be demanded. Receiving social benefits does not block the permit. This is one of the few places in the Residence Act where the legislature took the requirement off the table entirely, and authorities have no discretion to reintroduce it through the back door.

Establishing Parenthood: Acknowledgement of Paternity

The mother of a child is established by birth. For fathers who are not married to the mother, the legal parent-child relationship is created by an acknowledgement of paternity (Vaterschaftsanerkennung) with the mother’s consent — declared at the Standesamt, the Jugendamt or a notary. Two practical points matter:

The acknowledgement can be declared before the child is born. Combined with proof of the child’s expected German citizenship, this allows a visa procedure to be prepared around the birth.
Authorities may refuse to process suspected sham acknowledgements made solely to obtain residence rights. Genuine fathers should document their family life from the outset.

Applying from Abroad or Within Germany

Parents abroad apply for a national visa for family reunification at the German mission. Parents already in Germany can often apply directly to the Ausländerbehörde: § 39 AufenthV permits an in-country application in several constellations relevant here, particularly where the entitlement arose after entry — the birth of the child being the classic example. If you are in Germany without a secure status and expecting a German child, take advice quickly; the timing of the application can decide the case.

Rights and the Path to Permanent Residence

The permit allows employment and self-employment without restriction. It is extended as long as the conditions continue. After three years, § 28 Abs. 2 AufenthG entitles the parent to a settlement permit if the family relationship with the child continues and the standard integration conditions are met.

When the child turns 18, the parent’s § 28 permit can only be extended under certain circumstances, if the parent has not yet secured permanent residence or German citizenship for themself.

Frequently Asked Questions

Do I need to be married to the child’s other parent? No. The provision is independent of the parents’ relationship. What matters is your legal parenthood and your role in the child’s life.

I receive social benefits — is the permit still possible? Yes. The livelihood requirement is expressly waived for the custodial parent of a German child. Benefit receipt is not a ground for refusal.

Can I start the process before my child is born? Yes. Paternity can be acknowledged before birth, and the residence procedure can be prepared so that the permit or visa follows promptly after the birth certificate is issued.

I share custody but the child lives with the other parent. Do I qualify? Possibly. Without primary care, § 28 Abs. 1 S. 4 AufenthG allows a discretionary permit where your presence serves the child’s welfare — regular contact, support payments and shared decision-making are the evidence that counts.

Does this route lead to permanent residence? Yes. After three years with the permit, you are entitled to a settlement permit under § 28 Abs. 2 AufenthG.

Last reviewed: August 2026 — RAin Fiona Macdonald

Book A Consultation