What does Section 28 (2) AufenthG mean?
Residence permit on family reunification with German citizens in accordance with Section 28 (2) of the Residence Act forms a central pillar of German migration policy by focusing on the protection and promotion of family unity. Specifically, this paragraph allows spouses and minor children of persons with German citizenship or certain residence permits to obtain a residence permit under certain conditions. This is intended to facilitate family-related migration and give families the opportunity to live together.
In contrast to other sections of the Residence Act, which deal with topics such as labor migration, studies or humanitarian reasons for residence, Section 28 (2) explicitly focuses on family reunification.
For example, while Section 16 AufenthG regulates the conditions for taking up studies or language courses and Section 20 AufenthG deals with the entry and residence of researchers, Section 28 (2) specifically addresses the rights of family members to join their relatives living in Germany.
This differentiation is important as it shows that the legislator considers family cohesion to be a separate area worthy of protection within migration legislation. Section 28 (2) of the Residence Act thus represents a bridge that promotes not only legal but also social integration by creating the conditions under which families can live together. This provision sends a clear signal that Germany recognizes and supports the importance of family ties.
Who can apply for § 28 para. 2?
The option to apply for a residence permit in accordance with Section 28 (2) AufenthG is tailored to specific groups of people who have a close family relationship with people living in Germany. In principle, the following applies: The persons must be in possession of § 28 Para. 1 AufenthG and meet the requirements of § 5 Para. 2 Sentence 1 and Sentence 2 AufenthG. The target group includes:
- Spouses: Married and in a family partnership with a person living in Germany, regardless of whether they are German nationals or holders of a Settlement permit.
- Minors, unmarried children: Children under the age of 18 without a spouse whose parents live in Germany.
- Parent with personal custody: Parent of a minor, unmarried German child who has sole or joint custody.
For special groups such as highly qualified workers or the self-employed, adapted regulations apply that facilitate family reunification:
- Highly qualified workers and EU Blue Card holders: These groups benefit from simplified procedures and requirements for bringing their family members to Germany.
- Self-employed persons: Must prove their economic viability and that of their family.
Who can apply for § 28 para. 2?
The option to apply for a residence permit in accordance with Section 28 (2) AufenthG is tailored to specific groups of people who have a close family relationship with people living in Germany. In principle, the following applies: The persons must be in possession of § 28 Para. 1 AufenthG and meet the requirements of § 5 Para. 2 Sentence 1 and Sentence 2 AufenthG. The target group includes:
- Spouses: Married and in a family partnership with a person living in Germany, regardless of whether they are German nationals or holders of a Settlement permit.
- Minors, unmarried children: Children under the age of 18 without a spouse whose parents live in Germany.
- Parent with personal custody: Parent of a minor, unmarried German child who has sole or joint custody.
For special groups such as highly qualified workers or the self-employed, adapted regulations apply that facilitate family reunification:
- Highly qualified workers and EU Blue Card holders: These groups benefit from simplified procedures and requirements for bringing their family members to Germany.
- Self-employed persons: Must prove their economic viability and that of their family.
Naturalization according to § 28 Abs.2 AufenthG?
Requirements for Section 28 (2) AufenthG
A successful application under Section 28 (2) requires the fulfillment of certain criteria relating to both integration and financial independence. According to Section 28 (2) AufenthG, an important requirement is that the conditions for Settlement permit according to § 9 para. 2 sentence 1, sentence 2, sentence 3, sentence 4 and sentence 5 of the Residence Act:
General requirements:
- Sufficient living space: An important factor is proof of adequate living space for the family.
- Financial security: Applicants must be able to prove that they can support their family without state support.
- Language skills: Sufficient knowledge of German (usually A1 level) is required to facilitate communication and integration.
Specific requirements per target group:
- For spouses of German nationals in accordance with § 28 Para. 1 No. 1 AufenthG:
- Proof of the duration of marriage/that you live in a family partnership in certain cases
- No specific income limits, but proof of livelihood is required
- For minor children § 28 para. 1 no. 2 AufenthG:
- Proof of family affiliation
- No language skills required if under certain age
- For parents with personal care § 28 Para. 1 No. 3 AufenthG:
- Custody documents
- Proof of financial means to support the child
- In the Residence Act under §§ 31 and 34 you will find the conditions according to which § 28 AufenthG can be extended for parents who have a residence permit for personal care if the child is in education
The specific requirements vary depending on the individual situation and may include additional documentation. The aim of these regulations is to ensure successful integration into German society and at the same time ensure that the receiving families are not financially overburdened.
Please note that you must prove that you have no interest in being deported.
Step-by-step guide: How to apply for Section 28 (2)?
The process of applying for a residence permit under Section 28 (2) AufenthG can seem complex. With these detailed instructions, we would like to make the process as clear and comprehensible as possible.
Step 1: Preparation of the documents
First of all, it is important to collect all the necessary documents. These include
- Valid passport
- Current passport photos
- Marriage certificate or birth certificate for children
- Proof of German language skills (at least A1 level for spouses)
- Proof of sufficient living space and financial means
- If required: Proof of custody
Step 2: Application
Please submit your application for a residence permit to the responsible Foreigners' office. This may vary depending on where you live. It is advisable to make an appointment in advance by telephone or online.
Step 3: Personal interview
As a rule, a personal interview at Foreigners' office will be necessary. You should bring all the documents you have collected with you. Be prepared to answer questions about your family situation, your living conditions in Germany and your integration efforts.
Step 4: Processing and decision
Your application will be processed after the interview. The duration may vary depending on the complexity of the case and the workload at the authority. You will then receive notification of whether your application has been approved.
Tips for a successful application process:
- Early preparation: Start collecting all the necessary documents as early as possible.
- Completeness of the documents: Make sure that all documents are up-to-date, complete and in the required form.
- Language skills: Improve your German language skills continuously, as this is an essential part of integration and therefore the application process.
- Take advantage of advice: Consider getting support from a lawyer or an advice center, especially if you are unclear or have specific questions.
By following these steps and preparing well, you will increase your chances of a positive decision and lay the foundation for a life together with your family in Germany.
Living with § 28 para. 2: Advantages and disadvantages
If you have a residence permit in accordance with § 28 AufenthG, various things will change for you. The advantages are easier family reunification and, with this right of residence, you have the chance of a long-term perspective in Germany and an easier path to Naturalization. The reason for this is that you already meet many of the conditions for Naturalization with your Residence permit . This saves you having to organize documents and speeds up the process of obtaining German citizenship.
Advantages of the residence permit:
- Family reunification in Germany in accordance with Section 29 (1) sentence 1 AufenthG or Section 30 (1) AufenthG: Allows family members to live together and build a future together in Germany.
- Access to the labor market: Enables holders to take up employment, which contributes to financial independence and integration.
- Participation in integration courses: Promotion of linguistic and cultural integration through state-supported courses.
- Long-term perspective: Creates a solid basis for permanent residence and the opportunity to Naturalization.
Possible disadvantages or restrictions:
- Language requirements: Learning German can be a challenge for some.
- Bureaucratic effort: The application process can be perceived as lengthy and complex.
- Dependence on the main beneficiary: Residence permit is often linked to the status of the family member who holds the main residence permit.
Naturalization with § 28 para. 2: A path to German citizenship
Holders of a residence permit in accordance with § 28 Para. 2 have the option of applying for German citizenship. However, this requires:
- Fulfilment of the general naturalization requirements: These include, among other things, sufficient knowledge of German, proof of livelihood without social assistance and a period of residence of generally eight years.
- Special features: For holders of § 28 para. 2, the required period of residence may be shortened under certain circumstances, in particular if they can prove close ties to Germany through marriage or descent.
What happens in the event of divorce or separation?
The residence permit according to § 28 para. 2 is generally linked to family cohesion. Divorce or separation may therefore have consequences:
- Examination of the further residence permit: The responsible Foreigners' office examines whether the requirements for an independent residence permit are met.
- Possible extension of the residence permit: In some cases, the Residence permit can be extended despite separation, especially if a long-term stay in Germany or the welfare of joint children is taken into account.
- Legal advice: Those affected are advised to seek legal advice to clarify their situation and possible options.
This overview shows that Residence permit in accordance with Section 28 (2) opens up numerous opportunities, but also brings with it certain requirements and potential challenges. It is important to find out about your rights and obligations at an early stage and to seek professional support if necessary.
Conclusion
Section 28 (2) of the Residence Act provides a fundamental basis for reuniting families in Germany by offering spouses and minor children of German citizens and certain residence permit holders the prospect of living together in Germany. The advantages of this residence permit range from the possibility of taking up employment to participation in integration courses, which significantly supports social and professional integration. At the same time, the application process and language requirements pose challenges that should not be underestimated.
The next step, Naturalization , opens up further possibilities, but requires specific conditions to be met.
In the case of events such as divorce or separation, it is crucial to be aware of the impact on Residence permit and, if necessary, to take measures in good time to secure residence in Germany. Given the complexity of the legal provisions and the individual differences in the applicants' circumstances, it is advisable to seek advice from a specialist lawyer. Professional legal advice can not only help to clarify unanswered questions, but also help to avoid potential pitfalls in the application process and increase the chances of a successful application.
Do you still have questions?
FAQ - Frequently asked questions about Section 28 (2) AufenthG
As a rule, Settlement permit requires proof of German language skills at B1 level of the Common European Framework of Reference for Languages. However, there are exceptions, for example for people who are unable to meet the language requirements for health reasons or due to their age. In the context of Section 28 (2), a lower language level may also be acceptable for family reunification under certain circumstances. Individual advice is recommended here.
In order to obtain a residence permit in accordance with § 28 Para. 2, spouses must generally provide proof of basic German language skills. Exceptions apply, for example, to spouses of EU Blue Card holders, researchers and highly qualified employees. Exceptions can also be made in cases where a spouse comes from an EU country or has already achieved a high level of integration in Germany.
§ Section 28 (2) Residence Act primarily refers to family reunification with spouses and minor children. There are other regulations within the Residence Act for reunification with civil partners. Non-marital partners can apply for a residence permit for family reunification under certain circumstances, but this does not fall directly under § 28 Para. 2.
The processing time can vary and depends on various factors such as the workload of Foreigners' office, the completeness of the documents submitted and the complexity of the individual case. In general, applicants should expect a processing time of several weeks to several months. It is advisable to submit the application as early as possible and to submit all required documents in full in order to avoid delays.
As a rule, the responsible Foreigners' office offers the option of enquiring about the status of the application by telephone or email. Some authorities also have online portals where you can check the processing status. It is important to provide all relevant contact information when submitting your application and to ensure that you can be contacted if you have any questions.
These FAQs provide an initial overview of frequently asked questions about Section 28 (2) AufenthG. However, for comprehensive advice and answers to individual questions, we recommend contacting a specialist lawyer or advice center.
