Family reunification with German citizens
To whom does this regulation apply?
The protection of the family is a fundamental right. Therefore, spouses, minor children of German citizens and parents of a German child are entitled to a residence permit. To enter the country, you can apply for a family reunification visa.
People who marry a German or immediately after entering the country can apply for a visa for the purpose of marriage.
If a child is born in Germany, he or she automatically receives German citizenship if at least one parent has German citizenship or if one of the parents has been legally resident in Germany for at least eight years and has a permanent right of residence (§ 4 of the Nationality Act).
What are the requirements?
Securing your livelihood
In order to obtain a residence permit, the livelihood must normally be secured from one's own resources. This means that you can pay for everything you need per month yourself – including rent and health insurance – without taking advantage of public aid. Child benefit, child supplement, parental allowance or BAföG do not count and are no problem.
However, there are exceptions to family reunification with German citizens:
- In the case of minor children who want to join their German parent or in the case of parents of a minor German child, the livelihood does not have to be secured.
- If the spouse joins his or her partner, the livelihood does not necessarily have to be secured from their own resources. Social benefits (e.B Hartz IV) can also be received. In practice, however, it may be that the foreigners' authority is more likely to approve the visa if a sufficient income can be proven.
Passport and proven identity
For the issuance of the visa and later the residence permit, the identity of the person moving in must be clarified, and a passport must also be present.
No interest in expulsion
There must be no reason for expulsion, such as endangering public security (e.B. in the case of criminal offences).
Entry with required visa
If family reunification is planned, entry must also be made with a visa for family reunification, otherwise usually, no residence permit can be issued – even if all other conditions are met. This also applies if a short-term stay is possible with a tourist visa or even visa-free.
No entry or residence ban
If someone has already applied for asylum in Germany or another Schengen state, e.B, he or she must not have been deported from there, as there is then an entry ban in this case. You have to be particularly careful after a rejection of people from so-called "safe countries of origin", because then certain residence permits are blocked, even if the person has not yet been deported. If there is an entry ban, each case has to be looked at individually, to ascertain how its duration can be shortened.
Language skills
Usually, german language skills must be proven before entering the country. However, there are several exceptions:
- No language skills are required if a minor is reunited with its German parents or if parents are reunited with their German minor
- For spouse reunification, simple German language skills are required, i.e. at level A1 of the Common European Framework of Reference for Languages. However, there are also exceptions here, e.B. if language acquisition is not possible due to illness or disability, if it is not reasonable or if the spouse is in possession of a residence permit for highly qualified people. The exam for the language certificate can be taken at the Goethe-Institut, Telc, the ÖSD or the TestDaF-Institut.
Valid marriage
A marriage is valid if the two partners were at least 18 years old at the time of the wedding and can present a marriage certificate. It is also possible to obtain a visa to marry. Then the registry office in Germany must confirm that the marriage in Germany can take place promptly after entry. For this purpose, the necessary documents for the marriage must be submitted to the registry office in Germany.
Marital cohabitation
The conduct of a marital partnership in Germany must be planned. The Visa Office and the Foreigners' Registration Office check whether it is only a so-called "sham marriage" or even a "forced marriage". For this purpose, the visa applicant is interviewed at the visa office and the spouse or fiancée is interviewed at the German Immigration Office at the same time. The aim of this survey is to determine the extent to which the fiancées or spouses know each other and whether it is a serious relationship.