What is meant by family reunification?
Family reunification to Germany is the legal possibility for you as a foreigner to bring your family members to Germany. Another word for family reunification, which means the same thing, is family reunification. The following family members can join you:
- Spouse or life partner
- Children
- Parents (in exceptional cases)
Requirements for family reunification in Germany
Both you and your family member abroad must meet certain conditions for your family member's family reunification to work. The requirements for family reunification in Germany can vary from case to case. Let's take a look at the individual cases!
Requirements for the person in Germany
In order for your application for family reunification to be successful, you as a relative in Germany must meet the following requirements, among others:
- valid Residence permit, which entitles you to family reunification
- If joining a German citizen, proof of citizenship.
- Proof of sufficient living space (if required)
- Proof of livelihood for you and the family member (if required)
- Sufficient health insurance cover for you and your family members
- Birth certificate
- Marriage certificate (for spouses)
Your family member who wants to join you must meet the following requirements:
- A1 language skills Language skills of the family member joining you (if required)
- Passport or passport substitute or alternative identity documents
- Proof of the family relationship, e.g. extract from the civil status register or family register
Family reunification works with these residence permits
The decisive factor as to whether family reunification in Germany works is the respective Residence permit that you bring with you as a person in Germany. This determines whether family reunification ...
- simply possible,
- possible with difficulty or
- is not possible at all.
Family reunification is easily possible with one of the following Residence permit , according to which Section 29 (2) AufenthG provides a direct entitlement with simplified requirements for proof:
- Resettlement refugees in accordance with Section 23 (4) AufenthG
- Persons entitled to asylum according to § 25 paragraph 1 AufenthG
- Refugee status according to § 25 paragraph 2 1st alternative
- Settlement permit according to § 26 paragraph 3 AufenthG
- Settlement permit according to § 26 paragraph 4 AufenthG
- Permanent residence EU according to § 9a AufenthG
- Settlement permit according to § 9 AufenthG
- EU Blue Card
- § Section 28 Residence Act
With one of the following Residence permit , family reunification is more difficult, i.e. only possible to a limited extent (legal basis 36a AufenthG) or in exceptional cases (humanitarian reasons):
- § Section 22 AufenthG (proof of humanitarian reasons and political interest in Germany required)
- § Section 23 (1) and (2) AufenthG (proof of humanitarian reasons and political interest in Germany required)
- § Section 25 (3) AufenthG or Section 25 (4a) sentence 1 AufenthG (proof of humanitarian reasons and political interest in Germany required)
- § Section 25a (1) AufenthG and Section 25b (1) AufenthG (proof of humanitarian reasons and political interest in Germany required)
- Subsidiary protection (limited by law to 1,000 family reunifications per month since 2018)
With these residence permits, family reunification is impossible (legal basis § 29 para. 3 AufenthG):
- § Section 104 Residence Act
- § Section 104a (1) sentence 1 AufenthG
- § Section 25 (4) AufenthG
- § Section 25 (4b) and (5) AufenthG
- § Section 25a (2) AufenthG
- § Section 25b (4) AufenthG
This is how much living space is needed
The general administrative regulation on the Residence Act issued by the Federal Ministry of the Interior (BMI) in 2009 applies as the specification for living space. It specifies 10 square meters as necessary living space for children under 6 years of age and 12 square meters for children aged 6 and over. In some exceptional cases, you do not have to provide proof of sufficient living space.
If you have the following Residence permit as a person living in Germany, you do not need to provide proof of accommodation for family reunification:
- § Section 23 (4) AufenthG
- § Section 25 (1) or (2) AufenthG
- Settlement permit according to § 26 paragraph 4 AufenthG
- EU Blue Card
- ICT card
- Mobile ICT card
- § Sections 18a, 18b, 18c (3) AufenthG
- § Section 19c (1) AufenthG
- § Section 19c (2) AufenthG
- § Section 19c (4) sentence 1 AufenthG
- § 21 Residence Act
This is how much you need to earn
The administrative regulation is also the standard for securing a livelihood. You must earn enough to cover your living expenses without state assistance. You do not have to prove that you are able to support yourself if you have one of the following Residence permit in accordance with Section 29 (2):
- § Section 23 (4) AufenthG
- § Section 25 (1) or (2) AufenthG
- Settlement permit according to § 26 paragraph 4 AufenthG
- § Section 28 Residence Act
- § Section 36 Residence Act
- § Section 36a AufenthG (beneficiaries of subsidiary protection).
- EU Blue Card (with the exception of proof of existing health insurance).
Requirements for joining spouses
The requirements for the family reunification of your wife or husband to Germany are set out in § 30 AufenthG on the reunification of spouses.
The requirements are as follows:
- As a partner living in Germany, you have a Residence permit, which entitles you to join your spouse.
- Your spouse and you have both reached the age of 18.
- Your spouse is able to communicate in German at A1 level (basic level).
In some cases, proof of language proficiency is not required. Your spouse is exempt if you can prove a health reason that makes a language course impossible. In Germany, family reunification is also possible for same-sex partnerships.
Requirements for subsequent children
The requirements for children joining you are set out in Section 32 (2) AufenthG. The requirements are
- Proof of family ties (family register, birth certificate)
- Children under the age of 16 do not have to meet any language requirements.
- From the age of 16, your subsequent children do not have to fulfill any language requirements if they live with you and if there is a temporal connection of 6 months to your entry.
- If there is no temporal connection and the child lives physically without you, or if the child joins you alone, a C1 language certificate and proof of simple integration of the child are mandatory.
Requirements for parents and parents-in-law
For example, if you want to bring your mother to Germany, § 36 AufenthG is the legal requirement. The following options are possible:
- Reunification with Residence permit as a skilled worker from you as a person in Germany: In this case, family reunification of your parents and parents-in-law is possible in accordance with Section 36 (3) AufenthG.
- Reunification with minor children: Parents can join their underage children in Germany in accordance with Section 29 (2) AufenthG.
- Reunification in cases of particular hardship: If you can prove that your parents have a particular case of hardship (e.g. significant health problems), reunification is possible in accordance with § 36 Paragraph 2 AufenthG.
An example of a case of hardship could be if one of your parents needs to be cared for by you and this care is not possible in your home country. Another example could be that you need to be cared for and your parents are the only ones eligible for care.
How to apply for family reunification
The application for family reunification to Germany is made at the German embassy in the home country of the person joining them. After your family member has traveled to Germany with a D visa, the application for your family member will be submitted to Residence permit . You must pay attention to the following steps:
Step 1: Organize all documents. In our checklist you will find all the documents that are important for your application.
Step 2: Application at the German embassy: You contact the German embassy and apply for the D visa and thus for family reunification
Step 3: Family reunification is approved: The D visa and thus family reunification is approved.
Step 4: Arrange entry and appointment with Foreigners' office: After your relative has entered the country, arrange an appointment with Foreigners' office to submit the application.
Step 5: Document check: Check all documents again for correctness and completeness.
Step 6: Applying for a residence permit: You submit the application to Residence permit at Foreigners' office on the agreed date.
Step 7: Residence permit approved: Your application for the Residence permit was successful
This is how much it costs to apply for family reunification in Germany
The costs amount to 100 euros throughout Germany and are based on § 45 AufenthV (Residence Ordinance). In some cases, you are exempt from the fees if, for example, you are not required to secure your livelihood and you are receiving a citizen's allowance. In this case, you do not have to pay any fees for family reunification if you have the relevant notification from the Jobcenter.
Exception for Turks: If you are a Turkish citizen and want to apply for family reunification from Turkey to Germany, different prices apply. The costs are then 37 euros for over 24s and 22.80 euros for under 24s.
How long it takes to apply for family reunification in Germany
The D visa is issued for up to 90 days. During this period, you must submit the application to Foreigners' office , which must process your application within this period.
As a German citizen, you can save the costs of applying for a D visa and family reunification is also easier. It is therefore worthwhile for you to apply for German citizenship.
Get help with family reunification in Germany now
Do you need help with family reunification in Germany? With Settlement permit or Naturalization the application is easier for you! We at Migrando have years of experience in the field of Naturalization and Settlement permit. Get in touch with us. We will help you to make your family reunification easier!
FAQ - Frequently asked questions about family reunification in Germany
Who has a right to family reunification?
Foreigners in Germany have a right to family reunification if they and their family members meet certain requirements. The requirements under Section 29 (2) AufenthG, Section 29 (3) AufenthG, Section 30 AufenthG, Section 32 AufenthG,28 AufenthG, Section 36a AufenthG or Section 36 AufenthG must be observed. In addition, the person living in Germany must have the necessary Residence permit for the application.
Who decides on family reunification in Germany?
The embassy in the home country initially decides on family reunification to Germany by issuing the D visa. Even if the Foreigners' office in Germany is already involved, the embassy can still refuse the visa. Once the family member has entered the country and applied for the Residence permit , the Foreigners' office decides whether to grant the right of residence.
How long is the visa for family reunification valid for?
The visa for family reunification, also known as a D visa, is usually valid for 3 months (90 days). However, the visa can also be extended. If the Residence permit has not yet been issued and the visa expires, a fictitious certificate can be issued. As a rule, however, the time limit is adhered to and the Residence permit is issued in good time.
What is the difference between family reunification and family reunification?
The difference lies only in the word. The meaning of the two words is absolutely identical. Family reunification is the term that is used more frequently in legal language.
Is family reunification possible for parents?
Yes, according to § 36 AufenthG you can apply for family reunification for your parents. The decisive factor is that you have the necessary Residence permit for the application. The requirements are that you are a skilled worker living in Germany, or that you are a minor or adult child of a foreigner and neither parent lives in Germany, or that there is a case of hardship (illness) for your parents joining you.
