The father is a recognised refugee or entitled to subsidiary protection

This constellation also requires that a father who is not married to the mother acknowledges paternity. In case of doubt, the details laid out under section 1 will apply (determination of paternity). Once that paternity has been recognised, the father’s and/or the mother’s nationality will be conferred to the child.

Upon request, the child will also be granted asylum status by way of the international protection of family members pursuant to section 25, subsection 2 of the Asylum Act.

The idea behind this is that family members are also at risk of persecution and therefore have to be included in the protection.

However, it is not mandatory that the child chooses this option and applies for refugee status – derived from the father’s status – by way of the protective legislation for family members. If the father’s child is a recognised refugee, the child can also apply for a residence permit pursuant to section 33 of the Residence Act.    

A mother who has so far not been lawfully residing in Germany can – by way of her child’s residence status – apply for a residence permit pursuant to section 36, subsection 2 or section 25, subsection 5 of the Residence Act.