Reunification for family reasons (additional family members) - 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.
• if you are joining a German national: The person you are joining has German citizenship and usually resides in Germany.
• in the case of reunification with non-Germans additionally: Your family member already living in Germany has a German residence permit
  • Settlement permit
  • Permit for permanent residence in the European Union
  • EU Blue Card
  • Residence permit
  • ICT card or
  • Mobile ICT card and
  • sufficient living space.
• Family reunification is necessary to avoid exceptional hardship.
  The political or economic circumstances in your home country do not constitute exceptional hardship.

You must also fulfil other requirements. These depend in part on the status of the family member already living in Germany. Please enquire directly at the foreigners authority or the relevant German diplomatic mission abroad.

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: You will not receive a residence permit for family reasons 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 town or municipality belonging to a district: 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 in your home country.

After entering Germany, you must apply for a residence permit in writing to the competent authority before your visa expires.

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

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

You can apply for an extension. Contact the relevant office in good time.

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
• if you are joining a German national: proof of German citizenship and habitual residence in Germany from the person you are joining
• for reunification with non-Germans additionally:
  • Proof of the residence permit of your family member already living in Germany
  • Proof of sufficient living space
• Proof that there is a case of exceptional hardship

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

Costs

• first 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.

Processing time

expected to take around five to six weeks

Miscellaneous

You will receive the residence permit as a cheque card with additional electronic functions. You can find more information on this under"Applying for an electronic residence permit (eAT)".

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

• have grown up in Germany or
• have entered the country within the framework of child reunification.

Family members of nationals of a country within the European Union or the European Economic Area who themselves belong to such a country: You can

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

Family members of nationals of a state within the European Union or the European Economic Area who do not belong to such a 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
• § 28 Familiennachzug zu Deutschen
• § 29 Familiennachzug zu Ausländern
• § 36 Nachzug sonstiger Familienangehöriger

Freizügigkeitsgesetz (FreizügG/EU):

• § 3 Familienangehörige von Unionsbürgern

Aufenthaltsverordnung (AufenthV):

• § 45 Gebühren

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 05.12.2024