Residence Permit; Application for Family Reunification with Foreign Nationals

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

Therefore,

• German citizens and
• foreign nationals who are residing in Germany with a settlement permit, a long-term residence permit – EU, a residence permit, an EU Blue Card, an ICT card, or a Mobile ICT card (see “Related Topics”)

bring their foreign spouses/partners and minor children to join them.

Unaccompanied minor refugees constitute a special case. Until they reach the age of 18, they may also bring their parents to join them.

The specific regulations governing the family reunification of foreign family members—which also apply mutatis mutandis to the reunification of civil partners—are set forth in great detail in the Residence Act. The options 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 minor children can travel to Germany, they need a family reunification visa, which they can apply for at the German diplomatic mission in their home country (see “National Visa; Issuance and Extension” under “Related Topics”).

The Foreigners’ Registration Office can inform you in specific individual cases whether there are any exceptions to the visa requirement—for example, for certain countries of origin.

A common requirement for all cases of family reunification is that the entry of spouses/civil partners and minor children must be for the purpose of establishing and maintaining family life or a civil partnership.

Additional requirements are

• that the family member (to whom the family reunification applies) holds a residence permit,
• there is sufficient living space available,
• a secure means of support is guaranteed,
• that both spouses are of legal age, and
• that the spouse joining the family is able to communicate in German at a basic level.
  This is intended to encourage the individual concerned to acquire basic German language skills even before entering the country, thereby facilitating their integration in Germany. Exceptions to the language proficiency requirement apply, for example, if—due to special circumstances in the individual case—it is not possible or reasonable for the spouse to make an effort to acquire basic knowledge of the German language before entering the country, for spouses of businesspeople who will only be working and living in Germany temporarily, or for individuals with a college degree.

With regard to the housing requirement, an exception applies to family reunification with holders of an EU Blue Card, other skilled workers, certain scientists, self-employed individuals, and some other groups of people. In the case of family reunification with holders of an EU Blue Card, proof of sufficient means of support is also not required under certain conditions.

For family members other than spouses/life partners and minor children—such as grandparents, parents-in-law, siblings, uncles, aunts, and grandchildren—family reunification may only be granted if there is an exceptional case of hardship. The requirements for establishing an exceptional case of hardship are stringent. No special provisions are made for such foreign family members of German citizens.

Exceptions apply to the parents of holders of an EU Blue Card, other skilled workers, certain scientists, self-employed individuals, and some other groups of people; in these cases, family reunification for parents may be permitted if they have a secure means of support. This also includes the family reunification of parents-in-law, provided that the spouse is residing or will reside permanently in Germany.

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

• foreign nationals residing in Germany as asylum seekers whose asylum proceedings have not yet been concluded,
• foreign nationals who are required to leave Germany, including those whose deportation has been temporarily suspended (e.g., due to inability to travel, lack of a passport, or interrupted or missing transportation connections), and who are therefore only tolerated in Germany,
• foreign nationals who have been granted a residence permit solely for temporary stay due to urgent humanitarian or personal reasons, or because significant public interests require their continued temporary presence.

• Find out whether your Foreigners’ Registration Office allows you to submit your application online or provides a specific application form. Once you have entered your place of residence, you may find a link to the application form or the online procedure under “Forms” or “Online Procedures.”
• If you can only submit your application in person, make an appointment at the immigration office. If you submit your application online, the immigration office will contact you after receiving your application to schedule an appointment.
• During the appointment, your identity and documents will be verified (please bring your documents to the appointment, preferably the originals).
• If your application is approved, your fingerprints will be taken to issue your residence permit in the form of a new electronic residence permit (eAT).
• The Foreigners’ Registration Office will commission the Federal Printing Office to issue the eAT. Once it is ready, you will be notified and can pick up your residence permit at the appropriate office. You must generally pick it up in person.
• If your application is denied, you will receive a notice of denial.

You should submit your application to the Office of Foreigners no later than eight weeks before your current residence permit expires.

• The documents to be submitted can vary widely.
  Please check with the Office of Immigration and Naturalization. However, the following documents are generally required:
• Certificate of Registration from the Residents' Registration Office
• Identification card or passport
• Proof of Income
• Proof of adequate living space
• Marriage certificates, if applicable

• Issuance of a residence permit: 100 euros
• Extension for an additional stay of up to three months: 96 euros
• Extension for an additional stay of more than three months: 93 euros
• Visa fees, if applicable