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Family reunification
Many people who live in Germany have relatives and family members from abroad. There is often a desire to have family members follow. There are special regulations for this, according to which family reunification can be made possible. In the following you will find out which requirements you have to meet for such a family reunification.
The most important facts in a nutshell:
- Foreign family members can come to Germany by way of family reunification
- Within the framework of family reunification, foreign relatives receive a residence permit
- There are different requirements for this, depending on the nationality of the family member and depending on the family relationship
Legal regulations on family reunification
Family reunification is governed by the Residence Act. It regulates when family members living abroad may be brought to Germany. If the requirements for family reunification are met, the relatives are granted a residence permit. A residence permit is a temporary residence title. After family reunification, in many cases it is possible to obtain a permanent residence permit (such as a settlement permit).
Prerequisites for family reunification
The requirements for bringing family members together depend primarily on the relationship between the person already living in Germany and the family member living abroad and the status of the person living in Germany.
Family reunification of foreign relatives to become German citizens
First of all, we will show you the most important prerequisites for family reunification if foreign family members want to join their German relatives living in Germany. For this constellation, the general rule is that the family member living in Germany is a German citizen who has his or her habitual residence in the Federal Republic.
spouse reunification
For the reunification of a foreign spouse with a German citizen, you must first prove that you are effectively married to a German citizen.
A marriage with the aim of being allowed to come to Germany is not sufficient for this.
In addition, both spouses must be at least 18 years old.
In addition, the foreign spouse must demonstrate basic knowledge of the German language. However, in exceptional cases, the requirement for proof of language proficiency can be waived. If you live in Germany for a longer period after family reunification, you can apply for a permanent residence permit.
As a rule, you should be granted an unlimited settlement permit if you have lived in Germany for three years after family reunification, continue to live in a family relationship with your spouse and have sufficient knowledge of the German language.
In some cases, the authorities make family reunification dependent on the subsistence of the foreign family members being secured in Germany.
This is intended to prevent people from entering the social system. In such cases, however, it is often worth checking such conditions with a lawyer.
Child immigration / subsequent immigration of a parent
Foreign children can easily join their German parent as long as the children are still minors. There is then a fundamental right to have the children join you. As a rule, however, the children of a German are also German citizens.
Then no residence permit is required for your stay in Germany. More important in practice is the subsequent immigration of a foreign parent of the child. This is possible if the child is a minor and unmarried and if the foreign parent's purpose in staying in Germany is to take care of the child (exercise of personal custody).
reunification of other relatives
Other foreign relatives of German citizens (parents of adults, uncles, aunts, grandchildren, stepchildren, children over 18, etc.) can only come to Germany for family reunification in exceptional cases. The law only provides for such family reunification if this is necessary to avoid exceptional hardship. In such cases, it is advisable to contact a competent lawyer for the reasons.
Family reunification of foreign relatives to foreigners living in Germany
Separate requirements apply to the reunification of a foreign family member with a foreigner living in Germany. Here, too, a distinction must be made between the individual constellations:
spouse reunification
First, a valid marriage must have been concluded with a foreigner living in Germany. The spouse living in Germany must have a permanent residence permit (settlement permit, EU long-term residence permit, Blue Card, ICT card or residence permit).
In addition, the spouse living abroad must have basic knowledge of the German language. In addition, the livelihood of the spouse previously living abroad must be secured and sufficient living space must be available for them.
child reunification
Underage children of a foreigner living in Germany can also come to Germany under certain conditions. Here, too, the parent living in Germany must have a specific residence permit (Blue Card, ICT card, settlement permit, permit for permanent EU residence and sometimes also a residence permit).
In addition, proof must be provided that the child's livelihood is secured and that the child has knowledge of the German language. If the child is between 16 and 18 years old, it is also required that it must be able to speak German and that it is guaranteed that it will integrate well.
reunification of other relatives
Strict rules apply when other family members join a foreigner living in Germany: Such family reunification is also only possible if it is necessary to avoid exceptional hardship.
Family reunification for EU citizens and EEA citizens
If the family member living in Germany is an EU citizen or an EW citizen (in particular Iceland, Liechtenstein, Norway), family members living abroad can join them. You must prove that you have health insurance and sufficient means of subsistence. This applies to spouses, registered civil partners as well as children, grandchildren and great-grandchildren, provided they are not yet 18 years old.
How does family reunification work?
First of all, if you come from a foreign country that requires a visa, you need a visa in order to be able to enter the Federal Republic of Germany. You must apply for a national visa. You can apply for this at a German diplomatic mission (embassy, consulate) in your home country.
After the visa has been granted and you have entered Germany, you must apply for a residence permit at the immigration authorities. This will then allow you to stay in Germany for a longer period of time. If your visa or residence permit is refused, you should contact a lawyer specializing in migration law.
Short & sweet
People living in Germany who have family members abroad often want them to come to Germany as well. While this is possible within the framework of family reunification, it is also subject to a number of conditions. The requirements differ depending on whether the relative living in Germany has a residence permit or whether they are also German citizens. The family relationship is also important: while family reunification of spouses and children is possible in many cases, reunification with other relatives is only possible in exceptional cases. To check whether family reunification is possible, you should contact a lawyer.