Family reunification with third-country nationals
To whom does this regulation apply?
The protection of the family is a fundamental right. Therefore, spouses and children of foreigners who have a residence permit for Germany are entitled to a residence permit. To enter the country, they can apply for a family reunification visa. However, there are high hurdles here, which are explained below.
Persons who marry a foreigner immediately after entering the country can apply for a visa for the purpose of marriage.
For beneficiaries of international protection, i.e. persons who have successfully completed their asylum procedure in Germany and want to catch up with their family, not all of the conditions described here must be met. If you have any questions about individual cases, please contact your local migration advice centre.
What are the requirements?
Residence permit of the principle person entitled
Family reunification with a foreigner in Germany is only possible if they have a residence permit. This can be a residence permit for the purpose of training, for the purpose of gainful employment, for international law, humanitarian or political reasons, a residence permit for family reasons, a settlement permit or a permit for permanent residence-EU. However, a few residence permits for humanitarian reasons are excluded from family reunification, these are listed in § 29 paragraph 3 residence act.
Securing your livelihood
In order to obtain a residence permit, the livelihood must be secured from one's own resources. This means that the income of the family (parents or spouse) must be sufficient to pay for food, clothing, housing and health insurance as well as other basic needs. The child benefit, parental allowance, the child supplement or BAföG are added to the income of the parents.
The monthly requirements are based on the provisions of the Second and Twelfth Social Code. The migration advice centres in Germany can help to calculate the income and determine whether it is high enough.
Sufficient living space
The apartment must be big enough. The living space is considered sufficient if there are about 12 square meters available for each family member and if there is a kitchen, bathroom and toilet. In some federal states, it may also be sufficient if at least 9 square meters are available for an adult person.
Language skills
Usually, german language skills must be proven before entering the country.
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.
No German language skills are required for children's reunification. Only if a child is already 16 or 17 years old and does not enter together with his or her parents or his or her or her parent with custody, he or she must prove language skills at level C1.
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).
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.
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.
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.