Family Reunion With Third-Country Nationals in Germany
Legally residing in Germany? Learn family reunification for third-country nationals in this post, guiding your family relocation process effectively.
Who does this regulation apply to?
Protecting the family is a fundamental right. Therefore, foreigners with a residence permit for Germany are entitled to a residence permit for their spouses and children. You can apply for a family reunification visa to enter the country. However, explaining the following will reveal high hurdles in this regard. People who marry a foreigner immediately after entering the country can apply for a visa for the purpose of marriage.
Successful asylum seekers in Germany, entitled to international protection, can bring their family without meeting all described requirements. However, refugees in the asylum process or those who have been rejected and are “only tolerated” cannot undergo family reunification. With some humanitarian residence permits, family reunification is only possible in certain cases. If you have any questions about individual cases, please contact your local migration or refugee advice center.
What are the requirements?
1. Residence permit of the permanent holder
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 employment, for international law, humanitarian or political reasons, a residence permit for family reasons, a settlement permit or a permit for permanent EU residence. However, family reunification excludes a few residence permits for humanitarian reasons, which are listed in Section 29, Paragraph 3 of the Residence Act, or is only possible in certain cases.
2. Livelihood security
In order to get a residence permit, you must be able to support yourself from your own resources. Family income must cover food, clothing, housing, health insurance, and basic needs for parents or spouses, ensuring sufficiency. The parents’ income includes the addition of child benefit, parental benefit, child allowance, or BAföG.
The monthly requirements are based on the regulations in the Second and Twelfth Social Code. The migration advice centers in Germany can help calculate income and determine whether it is high enough.
3. Sufficient living space
The apartment must be big enough. For each family member (2 years and older), 12 square meters with a kitchen, bathroom, and toilet are considered adequate living space. In certain states, 9 square meters may suffice for adults.
4. linguistic proficiency
Typically, individuals must demonstrate proficiency in German before entry. For spouse reunification, individuals must possess basic German language skills, specifically at level A1 of the Common European Framework of Reference for Languages. However, there are exceptions, for example if language acquisition is not possible due to illness or disability, if it is unreasonable or if the spouse has a residence permit for highly qualified people. You can take the language certificate exam at the Goethe-Institut, Telc, ÖSD, or the TestDaF-Institut.
Child immigration does not require any German language skills. Only if a child is already 16 or 17 years old and does not enter the country together (within three months) with their parents or parent with legal custody, thus, they have to prove language skills at level C1 . This exception does not apply if other reasons indicate the assumption of “simple” integration (e.g., grew up in another EU country, attended a German school). No proof of language proficiency is required if the parent being reunited works as a skilled worker.
5. Passport and clarified identity
For visa and residence permit issuance, clear identity verification and a valid passport for the relocating individual are prerequisites.
6. No interest in expulsion
There must be no reason for expulsion, such as a threat to public safety (e.g. in the event of a crime).
7. No entry or stay ban
If a person has already applied for asylum in Germany or another Schengen state, they must not have faced deportation from there, as an entry ban will apply in such cases. After rejecting individuals from so-called “safe countries of origin,” it is necessary to exercise particular caution, as certain residence permits may be blocked, even if the person has not yet been deported.
When there is an entry ban, it is necessary to consider on a case-by-case basis how to possibly shorten it.
8. Entry with the required visa
If family reunification is planned, entry must also take place with a visa for family reunification, otherwise a residence permit cannot usually be issued, even if all other requirements are met. This also applies if a short-term stay is possible with a tourist visa or even visa-free.
9. Valid marriage
Valid marriage demands both partners be at least 18 at the wedding and hold a marriage certificate as proof. It is also possible to obtain a marriage visa. The registry office in Germany must then confirm that the marriage can take place in Germany shortly after entry. To accomplish this, one must present the necessary documents for the marriage to the registry office in Germany.
10. Marital cohabitation
Planning to live in a marital relationship in Germany is necessary. The visa office and the immigration authorities check whether it is just a so-called “marriage of convenience” or even a “forced marriage”. For this purpose, the visa office conducts an interview with the visa applicant, while the spouse or fiancée undergoes an interview at the German immigration authority simultaneously. This survey aims to assess the extent of knowledge between fiancées or spouses and to determine the seriousness of the relationship.