Would You Have Any Rights as a Tourist or Resident in Germany If Your Daughter Became a German Citizen?
This article delves into the legal rights of parents, particularly those of non-German citizenship, who have a German citizen child. Specifically, it examines the scenario where a child, born in the United States, becomes a German citizen due to their paternal great-grandmother's German heritage. We will discuss the rights such parents would have in Germany and other EU countries, as well as the conditions under which their rights may apply. This is crucial information for anyone with a non-German citizen parent who is expecting a German citizen child.
German Citizenship and EU Rights
Should your daughter become a German citizen, either through a German passport or a Staatsangeh?rigkeitsausweis, you, as a non-citizen parent, would indeed have certain rights. Specifically, under German law and the Directive EU/2004/38, you would have the right to reside in Germany and, more importantly, in the other 27 EU countries. These rights are considered derivative of your daughter's right to free movement, which is a fundamental right under EU law.
Living in Germany with a German Citizen Child
According to Article 28 of the Aufenthaltsgesetz (AufenthG)#39; §28#39;, a residency permit can be granted to a non-citizen parent of a German child if they live in the Bundesrepublik for the purpose of caring for the child. This means that your rights are specifically tied to your role as a primary caregiver. However, it is essential to note that these rights are contingent on your residency status in Germany being valid at the time of your child's application for citizenship.
Special Rights as Tourist or Resident Candidate
It is important to clarify that as a non-citizen, you would not have any special rights as a tourist. Additionally, you would not have special rights if your daughter were to assist you in seeking residency in Germany. The German legal framework does not grant such derivative rights unless you are the primary caregiver and are already residing in Germany legally.
EU Free Movement Rights and Beyond
Under European law, your daughter's German citizenship grants you the right to reside in any of the 27 EU countries. This is a significant advantage, especially if you are considering relocating to a different member state for work or personal reasons. The Directive EU/2004/38 guarantees the right to free movement for EU citizens and their family members, which includes the child.
Tale of the Ancestors and Legal Requirements
The scenario you described, with your daughter becoming a German citizen due to a great-grandmother's German heritage, is intriguing but perhaps not entirely realistic. Your understanding of the German laws is accurate. For a child to become a national through the paternal line, it would be necessary for the entire lineage from your daughter’s father (and possibly even farther back) to be German citizens. Further, the father would need to register his German child as such within 12 months of birth.
Conclusion
While the rights of a parent of a German citizen are substantial, they are contingent on specific conditions. It is crucial to navigate these rules carefully and seek legal advice to ensure compliance with all requirements and to understand your rights fully. If you are in a similar situation, understanding the legal requirements and procedural steps is essential to making informed decisions about your family's future in Germany and beyond.