Reunification for family reasons (with foreigners) - Apply for a residence permit

Related forms and processes

Prerequisite

The requirements for a residence permit are

• You fulfil the passport and visa requirements.
  For the passport requirement, it is sufficient if you have a replacement identity document.
• Your means of subsistence are secured without you drawing on public funds.
  Your livelihood is deemed to be secure if you
  • Income in the amount of the basic social assistance rate plus
  • Costs for accommodation and heating and
  • any health insurance contributions.
• There is no interest in deporting you.
• Your stay does not jeopardise or impair the interests of the Federal Republic of Germany.
• Your family member who is already living in Germany has a
  • Settlement permit
  • EU permanent residence permit
  • Residence permit
  • EU Blue Card
  • ICT card
  • Mobile ICT card or
  • is authorised to stay in Germany as a mobile researcher.
• Sufficient living space is available.
• additionally in the case of spouse reunification:
  • Minimum age of both spouses: 18 years
  • basic knowledge of German on the part of the spouse
• if children between the ages of 16 and 18 are joining the family, additionally:
  • Entry as part of a family with the parents or
  • Proficiency in the German language or a positive integration prognosis (e.g. due to coming from a German-speaking family or attending a German-speaking school) or
  • the family member living in Germany or their spouse living in a family partnership has a specific residence permit (e.g. EU Blue Card) or
  • There is a particular case of hardship

You may also have to fulfil other requirements. These depend in part on the status of the family member already living in Germany. Please enquire directly with the relevant authority.

Note:

Citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland and the United States of America can enter Germany without a visa and apply for a residence permit.

Citizens of Andorra, Brazil, El Salvador, Honduras, Monaco and San Marino can also enter Germany without a visa and apply for a residence permit for family reasons.

Please note: A residence permit for family reasons is excluded if you have forced the family relationship

• have forced the relationship or
• have only come to Germany to join your family.

Responsible department

• for the issue of a national visa before entering the federal territory: the German mission abroad (embassy, consulate)
• after entry: the immigration authority
  The immigration authority is
  • if you live in an urban district or a large district town: the municipal administration
  • if you live in a district municipality: the district administration office

Tip: The Federal Foreign Office provides a list of German missions abroad on its website.

Procedure

Before travelling to Germany, you must apply for a national visa (type D) in your home country.

After entering the country, you must apply for a residence permit in writing at the immigration office before your visa expires.

You will then receive a residence permit or a notice of refusal.

The residence permit is limited in time. It depends on the length of stay of your family member already living in Germany.

AnYou must apply for an extension at the Foreigners' Registration Office in good time before it expires.

Deadlines

none

Required documents

• Proof of fulfilment of passport and visa requirements
• Proof of secure means of subsistence
• Proof that there is no interest in deporting you
• Proof that you do not jeopardise or impair the interests of the Federal Republic of Germany
• Proof of the residence permit of your family member already living in Germany
• Proof of sufficient living space
• Proof of family affiliation (e.g. birth and marriage certificates, proof of a registered civil partnership)
• in the case of spouse reunification additionally:
  • Proof of the minimum age of both spouses
  • Proof of basic German language skills of the person joining you
• if children between the ages of 16 and 18 are joining the family:
  • Proof of entry as part of a family with the parents or
  • Proof of German language skills or a positive integration prognosis or
  • Proof of a special case of hardship

Note: Depending on which other requirements you have to fulfil, the competent authority may request additional documents.

Costs

• first-time issue: EUR 100.00
• Extension up to three months: EUR 96.00
• Extension for more than three months: EUR 93.00

Note: Only in exceptional cases can the competent authority exempt you from the fees.

Detailed information

Lebenspartnerschaft

Miscellaneous

Young foreign nationals: You can obtain a settlement permit under simplified conditions if you

• grew up in Germany or
• have entered the country as part of child reunification.

Family members of nationals of an EU or EEA state who themselves belong to an EU or EEA state: You can

• enter the country freely,
• do not require a residence permit and
• are allowed to work in Germany.

Family members of nationals of an EU or EEA state who do not belong to an EU or EEA state: They may

• enter and
• stay in Germany.

Please note the entry regulations.

Appeal

• Objection
• Action before the administrative court

Legal basis

Aufenthaltsgesetz (AufenthG):

• § 5 Allgemeine Erteilungsvoraussetzungen
• § 27 Grundsatz des Familiennachzugs
• § 29 Familiennachzug zu Ausländern
• § 30 Ehegattennachzug
• § 31 Eigenständiges Aufenthaltsrecht der Ehegatten
• § 32 Kindernachzug
• § 33 Geburt eines Kindes im Bundesgebiet
• § 35 Eigenständiges, unbefristetes Aufenthaltsrecht der Kinder

Freizügigkeitsgesetz (FreizügG/EU):

• § 3 Familienangehörige von Unionsbürgern

Aufenthaltsverordnung (AufenthV):

• § 45 Gebühren für die Aufenthaltserlaubnis

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 30.10.2024