Residence right of a baby born in Germany...

My husband's job contract has ended and our permit is till December.

Since there is not job at the moment, we may have to go back home.

But we have an eleven month old son. Is there any provision in the law that if a child is born here, he has a residence right and cannot be deported?

That aside, since my husband has worked here for 2.5 years and 6months of diplom arbeit, he is entitled to arbeitlosengeld. But will the permit be extended? If yes, what is the basis of the stay if we are to fill the extension form? If no, is it possible to take all the pension/arbeitslosen contribution he has made?

Thirdly, is it possible to get a permit on the basis of "Ich AG"? If yes, how?

Are you an EU citizen? Are you receiving kindergeld funds for your child? Does your child have a German pass? Do you have a business plan already created for Ich Ag?

We are Nigerians. Yes, we receive kindergeld. We are already writing the business plan.

I would guess not

you should be able to take the pension stuff with you

Unless one of the parents is German (Which it doesn't sound like) then
NO he/she is not a German citizen, no has the right to become one. German laws on this changed a few years ago to not allow such things.
But don't take my word for it, check out the German Govt. pages on Citizenship.

DK, I didn't think that the German law has changed. For a very long time German citizenship has been only guaranteed if you have German parents, not like in the US. They did change the law a little bit to allow people who have lived in the Germany for more than 8 years to take on German citizenship, if my memory serves me correctly. That obviously wouldn't apply in this case.

http://www.auswaertiges-amt.de/www/de/aamt...ce/faq/kat11/F5

Menaing your child kann have German Citienship if you have been at least 8 years in Germany (legally) or have an unlimited Residence Permit since 3 years.

On the other hand (in my case) my daughter was born in Ireland and has the Irish Citizenship, me being Irish, her being born there, seems quite obvious, doesn't it? Not for the Germans, we arrived in Germany on the first day we went to register, they told me my daughter was not Irish, she was in fact German, the refused to put her down as an Irish national, because she hat a German father, the fact that she wasn't even 24 hours in Germany, was Irish born and has an Irish mother was irrelevant.

But I got my way in the end, she now has Dual Citizenship

Thanks all. I now understand.

Yeah IL, that's what I meant. If neither of the child's parents are German, but the child was born in Germany AND the parents have been legal residents for more than 8 years, the child can get citizenship. Complicated.