Residence permit; application for family reunification with foreigners

Marriage and family are under the special protection of the Basic Law and the Bavarian Constitution.

Therefore

• German nationals and
• foreign nationals residing in Germany with a settlement permit, a permanent residence permit - EU, a residence permit, an EU Blue Card, an ICT card or a Mobile ICT card (see "Related topics"),

have their foreign spouse/partner and underage children join them.

The group of unaccompanied refugee minors is a special case. They can also have their parents join them until they reach the age of 18.

The individual regulations on the reunification of foreign family members, which also apply to the reunification of life partners, are set out in great detail in the Residence Act. The possibilities and requirements for family reunification depend on the type of residence permit and the underlying purpose of the stay of the family member already living in Germany.

Before foreign spouses/life partners or underage children can travel to Germany, they require a visa for family reunification, which they can apply for at the German diplomatic mission in their home country (see "National visa; issue and extension" under "Related topics").

The foreigners authority can tell you in each individual case whether there are exceptions to the visa requirement - for example for certain countries of origin.

What all cases of family reunification have in common is that the spouse/partner and minor children must enter the country to establish and maintain the family relationship or civil partnership.

Further requirements are

• that the family member (for whom the family reunification is taking place) is in possession of a residence permit,
• sufficient living space is available,
• their livelihood is secured,
• that both spouses are of legal age and
• that the spouse joining them can communicate easily in German.
  This is intended to encourage the person concerned to acquire a basic knowledge of German before entering the country and thus facilitate their integration in Germany. Exceptions to the requirement for proof of language proficiency apply, for example, if it is not possible or reasonable for the spouse to make efforts to acquire basic German language skills before entering the country due to special circumstances of the individual case, in the case of spouses of business people who will only be working and living in Germany temporarily, or in the case of persons with a university degree.

With regard to the living space requirement, there is an exception for reunification with holders of an EU Blue Card, other skilled workers, certain scientists, self-employed persons and some other groups of people. In the case of reunification with holders of an EU Blue Card, proof of livelihood is not required under certain conditions.

Family members other than spouses/partners and underage children, such as grandparents, parents-in-law, siblings, uncles, aunts and grandchildren, may only be allowed to join family members in cases of exceptional hardship. There are high requirements for the existence of a case of exceptional hardship. No benefits are provided for such foreign family members of Germans.

Exceptions apply to the parents of holders of an EU Blue Card, other skilled workers, certain scientists, self-employed persons and some other groups of people; in these cases, the parents may also be allowed to join them if their livelihood is secure. This also includes the reunification of parents-in-law, provided the spouse resides or will reside permanently in Germany.

Family reunification is excluded in the following cases, among others:

• to foreigners who are in Germany as asylum seekers and whose asylum procedure has not yet been completed,
• to foreigners who are obliged to leave Germany, including those whose deportation has been temporarily suspended (e.g. due to inability to travel, lack of passport or interrupted or missing transport connections), i.e. who are only staying in Germany on a tolerated basis,
• to foreigners who have only been granted a residence permit for a temporary stay for urgent humanitarian or personal reasons or because significant public interests require their continued temporary presence.

• Find out whether your foreigners authority allows you to apply online or has a special application form. If you have entered your place of residence, you may be referred to the application form or the online procedure under "Forms" or "Online procedure".
• If the application can only be made in person, make an appointment at the Foreigners' Registration Office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, in the original if possible).
• If your application is approved, your fingerprints will be taken in order to produce the residence permit in the form of a new electronic residence permit (eAT).
• The Foreigners' Registration Office will commission the Bundesdruckerei to produce the eAT. After completion, you will receive information and can collect your residence permit from the responsible office. This must always be collected in person.
• If your application is rejected, you will receive a notice of rejection.

The application should be submitted to the Foreigners' Registration Office at least eight weeks before your valid residence permit expires.

• The documents to be submitted may vary considerably.
  Please enquire at the Foreigners' Registration Office. However, the following documents are usually required:
• Registration certificate from the residents' registration office
• Identity card or passport
• Proof of income
• Proof of sufficient living space
• Marriage certificates, if applicable

• Issuing the residence permit: 100 euros
• Extension for a further stay of up to three months: 96 euros
• Extension for a further stay of more than three months: 93 euros
• Costs for the visa, if applicable