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Family reunification in Germany: An overview regarding the law and help
Family reunification enables close relatives to live together in Germany. For people who already reside here or are German citizens, the right of residence offers various options for bringing spouses, children or, in certain exceptional cases, other family members to join them. Below you will find an overview of the main points and practical information on the subject of family reunification.
1. Importance of family reunification
The possibility of being together as a family is particularly protected by law. It is intended to ensure that a person already living in Germany can be joined by their closest relatives. The following objectives regularly take centre stage:
Spouses or life partners living together
Underage children growing up with their parents
Support and care for particularly vulnerable family members
2. Who is entitled to join the family?
In principle, the nuclear family is at the centre of family reunification. This includes
Spouse or registered partner
Minor children (usually with their parents living in Germany)
Parents, if a minor child is already legally resident in Germany
In exceptional cases, it may be possible for other relatives, such as siblings or parents of adults, to join you. However, strict criteria must be met for this, often requiring particular hardship or a need for care.
3. Requirements for family reunification
The legal requirements vary depending on the status of the person living in Germany (e.g. German citizenship, settlement permit or temporary residence permit). In general, however, the following points are particularly important:
► Valid residence permit:
The person in Germany usually requires a residence permit or German citizenship.
► Sufficient living space:
A flat must be available that is large enough to adequately accommodate all persons.
► Secure livelihood:
The family should be able to support themselves so that no or only minimal state benefits are claimed. The responsible immigration authority will check whether the income is sufficient.
► No compelling reason for expulsion:
There must not be any serious reasons preventing entry for the person wishing to join you.
► Required language skills:
Depending on the individual case, proof of basic German language skills may be required for spouses (e.g. level A1).
4. Step by step to the visa
A visa procedure in the home country is often necessary for family reunification. The responsible German diplomatic missions abroad (embassy or consulate general) provide support in this process. A typical procedure could look like this:
Make an appointment:
The family member wishing to reunite makes an appointment with the competent German diplomatic mission abroad to submit an application.
Fill in the application form:
The correct visa form (usually „Visa for the purpose of family reunification“) must be filled out carefully and completely.
Compile documents:
In addition to the completed form, proof of marriage, parentage, residence and income are required, depending on the constellation.
Examination by the foreigners authority:
Once the application has been received, the information is forwarded to the foreigners authority in Germany. They will check the requirements and – if the application is successful – approve the visa.
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Issue of the visa:
As soon as approval has been granted, the applicant receives the entry visa for family reunification.
5 Frequently asked questions in practice
a) Is it always mandatory to secure your livelihood?
In many cases, this is a prerequisite. In certain constellations, however, this condition can be waived, for example in the case of reunification with German nationals or in special humanitarian cases.
b) What role does the age of the child play?
If the child is a minor, family reunification is usually easier, especially when it comes to reunification with the parents. The requirements are stricter for children of full age.
c) What to do if only one parent is here?
It may also be possible for the child to join the family if the child wishes to come to Germany alone or if one of the parents with custody rights still lives abroad. In such cases, the authorities will check in particular whether the child’s welfare would be jeopardised if the child were not allowed to join their family.
d) What deadlines apply?
For some forms of residence, applications for family reunification must be submitted within a certain period of time. This may be relevant if the residence permit of the family member living in Germany is based on humanitarian protection status.
6. Special features for persons entitled to humanitarian protection
People with humanitarian residence status (e.g. recognised refugees) often have special privileges. For example, spouses or life partners and underage children can in principle join them more quickly or under simpler conditions. It is important to initiate the application process in good time and to obtain all the required documents.
7. Conclusion
Family reunification opens up the opportunity to organise family life together in Germany. Thanks to legal regulations, there are clear procedures and requirements, although these vary depending on the individual case. In particular, the questions of sufficient living space, a secure livelihood and the necessary proof of family relationship are decisive. Obtaining information at an early stage and submitting complete documentation can speed up the process considerably.
If evidence of the need for care or special cases of hardship is submitted, thorough documentation is advisable. This will increase your chances of successfully obtaining a visa or residence permit.
For all those who would like to find out more about the individual steps and personal organisation options, it makes sense to prepare thoroughly in advance so that the whole family can live together in perspective.
Disclaimer:
I hope this article has given you a good initial overview. I do not claim that it is complete or that the content is up to date and correct. The article does not constitute legal advice.
Please also note my videos on tenancy law or emigration and my e-books – in particular the guide Self-help without a lawyer.
Kind regards, Schulze – msadvocate.net
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