Visa Application for an Illegitimate Child
Shanaz Well, March 2009

For me, there is no such thing as illegitimate child in the eyes of God. For purposes of our legal discussion, illegitimate child is a child born outside of wedlock. The parents of the child are not married at all. I have a son from my previous relationship when I got married to a German national. He was 10 years old at the time of my application for family reunion visa. He is not the son of my German husband. He is not also adopted by my German husband. As a mother, I want to bring my child with me to Germany. Hence, I also need to apply for a visa for my child. Here are some questions that might help you before setting an appointment at the German Embassy if this situation applies to you.

Is my child qualified to apply for a visa at the German Embassy?
Yes, my child was qualified. I was not married to the father of my child. Now that I am married to my German husband, I, in behalf of my child, am allowed to apply for a visa at the German Embassy for him to join me on my travel to Germany provided that I satisfied the requirements of the German Embassy.

What kind of visa should a parent apply for his or her child?
I applied for aFamily Reunion Visa for my child. I, as the wife of my German husband, applied for a Family Reunion Visa. Logically, as family, we need to be reunited in one place somehow.

What are the requirements of the German Embassy for the application of visa for my child?
I produced the following papers:
a. 3 application forms duly filled up completely
b. 4 pictures (see photo dimension). Three (3) of these pictures must each be glued to the application forms, the fourth must be attached with a paper clip to the passport (please do not staple). You must write your complete name and date of birth on the back of the picture.
c. valid passport
d. payment (Please visit their website for latest fees.)
e. Security questionnaire (Sicherheitsbelehrung) answered completely and signed by the mother (2 copies); available at the reception area of the Embassy or on the website of the Embassy
f. NSO Birth Certificate
g. Copy of NSO Marriage Contract of me and my husband
h. Copy of NSO Certificate of Marriage (CEMAR or Advisory on Marriages) of me and my husband
i. Copy of the federal identity card of my German spouse, being the petitioner for my child
k. Declaration to be signed by every applicant (Questionnaire for use under Section 54(6) of the Residence Act). I signed in behalf of my son.
l. Additional declaration of applicants for a family reunion visa. All declaration is signed by the mother of the minor child.

What is a Travel Clearance?

Do I need to secure a Travel Clearance for my child?
It depends. Honestly, aside from my various readings of the laws and related articles about this topic, I consulted a lawyer to assist my legal moves. I also asked the advise of the local office of the Department of Social Welfare and Development (DSWD), who are the proper authorities to answer querries about travel clearances of travelling minors.

In my case, I am the biological and registered mother of my minor son. As explained to me, mothers have absolute custody over their minor children, unless some court decisions say otherwise. The birth certificate is one of the best documentary evidences you can secure to prove your relationship to your child. Aside from school records, testimonies, and the declaration of the child, there are transparent evidences as proof of affinity.

Since I (being the solo parent and the mother) am travelling with my child, I do not need to secure a travel clearance from the DSWD.

Where can I secure a Travel Clearance?

Do I need a proof of legal custody over my child?
If you are the mother, no. Let me reiterate my statement above. I am the biological and registered mother of my minor son. As explained to me by my lawyer, mothers have absolute custody over their minor children, unless some court decisions say otherwise. The birth certificate is one of the best documentary evidences you can secure to prove your relationship to your child. Aside from school records, testimonies, and the declaration of the child, there are transparent evidences as proof of affinity.

Do I need to call my ex-partner and personally appear at the embassy during the visa application for our child?
No. The application of visa for my child was between me, my German husband, and my child. My ex-partner or let us say the father of my child has nothing to do with the visa application. His presence in the embassy is not even required.

Does my child need to prove basic knowledge of the german language?
It depends. If your child is below 16 years old during the visa application, he is not required to prove basic knowledge of the german language. My child was only 10 years old. This requirement does not apply to him. If your child was 16 years old at the time of visa application, yes, he needs to prove basic knowledge of the german language.

Is there a need for the other parent of the illegitimate child to sign the visa application form?
If the other parent is the father, no need. As I mentioned earlier, the family reunion visa which I applied for my son is between me (being the mother), my German husband, and my son himself.

Does my ex-partner need to consent for the travel of our son?
This question can be answered legally, logically, and with modesty. Legally in this case, the law provides more for the mother than the father. For example, the father of my son wants to bring my son abroad, he needs to get a travel clearance and he needs my consent being the mother. When the mother wants to bring her son abroad, she is not required to secure a travel clearance or any consent from anybody. Logically, anybody includes his own father. As what many lawyers say, the law is harsh but it's the law. With modesty, I informed the father of my son. It was my choice to inform him out of respect that he is the father of my son. However, this is always based on the discretion of the mother. Informing the father of your son, whom you are not married to, has nothing to do with the phrase "needing his consent".