Basics of § 32 AufenthG
Section 32 of the Residence Act (AufenthG) regulates the requirements and the process for child reunification with parents living in Germany. If you are a parent living in Germany and would like to bring your minor child to Germany, this paragraph is very important for you and your family.
Definition and meaning of § 32 AufenthG
Section 32 AufenthG is a legal provision that allows your minor child to join you in Germany. This provision ensures that families whose members have different residence statuses can be reunited. The importance of this paragraph lies in the promotion of family unity and the protection of family ties.
Requirements for the reunification of children according to § 32 AufenthG
In order to obtain a residence permit in accordance with Section 32, certain requirements must be met. As a parent, you must be in possession of certain Residence permit in accordance with Section 32 (1) sentence 1 AufenthG, such as a residence permit in accordance with Section 7 (1) sentence 3 or Section 3 or 4 of the Residence Act.
In addition, if your minor child has already reached the age of 16, he or she must prove that he or she has mastered the German language, or it must appear guaranteed that he or she can integrate into the living conditions in the Federal Republic of Germany on the basis of his or her previous education and living conditions.
Detailed requirements for the reunification of children
If you are planning to bring your child to Germany, certain requirements must be met. These requirements concern the Residence permit of the parents as well as language skills and special regulations for older children.
Residence permit of the parents
In order to allow children to join you, you as a parent must have a valid Residence permit . The relevant Residence permit include, among others
- Residence permit in accordance with Section 7 (1) sentence 3 or Section 3 or 4: This residence permit is issued if there are special reasons that justify continued residence.
- Residence permit under Section 25 (1) or (2): This includes persons entitled to asylum under Section 25 (1) and refugees under Section 25 (2) Alternative 1 AufenthG.
- Other relevant Residence permit: These include residence permits in accordance with § 28 (family reunification with Germans), § 30 (spouse reunification), § 31 (independent right of residence for spouses), § 36 (reunification of parents and other family members) or the EU Blue Card, ICT card and the EU permanent residence permit and § 36a AufenthG.
Language requirements
Proof of German language skills is generally not important for the successful immigration of children as long as your child is younger than 16 years old.
- Proof of German language skills: From the age of 16, your child must prove that they have sufficient knowledge of German. This can be done by submitting school reports or language certificates. Important: This only happens if your child has not entered Germany together with you.
- Exemptions from language requirements: In certain cases, such as resettlement refugees or holders of an EU Blue Card, exceptions can be made to the language requirements.
Special regulations for children aged 16 and over
Special regulations apply to children who have already reached the age of 16:
- Ability to integrate into living conditions in Germany: At the age of 16, your child must either have a command of the German language or prove that he or she can integrate into living conditions in Germany on the basis of his or her previous education or living conditions.
The application process for § 32 AufenthG
Applying for a residence permit under § 32 AufenthG can be complex, but with clear step-by-step instructions you can ensure that everything goes smoothly.
Step-by-step guide to submitting an application
To successfully apply for child reunification, you need to go through several steps. Here is an overview of the most important steps:
Step 1: Prepare the necessary documents and evidence
- Birth certificate of the child
- Residence permit of the parents
- Proof of the child's German language skills (for children aged 16 and over)
- Declaration of consent from the other parent in the case of joint custody
- National passport and visa application
Step 2: Submit application
- Prepare all the necessary documents carefully.
- Submit the application to the German diplomatic mission in your home country.
Step 3: Contact the relevant authorities and contact points
- German diplomatic mission in your home country: The German diplomatic mission in your home country is usually your first point of contact for applying for child reunification, unless your child is already in Germany.
- As a general rule: Seek legal advice beforehand. Only in absolutely exceptional cases will the application be submitted to Foreigners' office (for some residence permits).
Enclosed you will find a table with an overview of the child reunification process:
Step | Action | Competent authority/contact point |
|---|---|---|
Prepare documents | Collect and prepare all necessary documents | Self-employed |
Submit application | Submit application and documents | Self-employed, usually at the German diplomatic mission abroad in the home country |
Official audit | Processing and review of the application | As a rule, the German diplomatic mission abroad |
Decision | Receipt of the decision on the application | As a rule, the German diplomatic mission abroad |
Organize reunification | Make travel arrangements for the subsequent immigration of children | Self-employed |
Common mistakes with Section 32 AufenthG and how to avoid them
It's easy to make mistakes when applying, which can lead to delays or even rejections. Here are some common mistakes and tips on how you can avoid them:
Incomplete or incorrectly completed applications
- Tip: Check the application carefully for completeness and accuracy before submitting it.
Missing or insufficient documents
- Tip: Make sure that you enclose all the necessary documents and evidence. Use checklists so that you don't forget anything.
Disregard of deadlines
- Tip: Make sure you meet all deadlines and contact the relevant authorities in good time.
Insufficient language skills
- Tip: Prepare your child for the necessary language tests at an early stage or make sure that you have the relevant documentation.
Tips for a successful application
- Early planning: Start preparing all documents and applications in good time.
- Careful documentation: Keep a complete record of all documents submitted and retain copies.
- Legal advice: Consider legal advice if needed to facilitate the process and ensure all requirements are met.
- Communication with authorities: Keep in regular contact with the relevant authorities to monitor the status of your application and to be able to answer any queries quickly.
Legal support and advice
Applying for child reunification under § 32 AufenthG can be a challenging and complex task. To ensure that your application is successful and all requirements are met, legal support can be of great benefit. Here you can find out about the benefits of legal advice and what other advice centers and resources are available to you.
Advantages of legal advice
Legal advice can help you to make the entire application process more efficient and secure. Here are some of the key benefits you will receive by using a solicitor:
- Expert support: Lawyers who specialize in migration law know the legal requirements and can ensure that your application meets all the necessary criteria.
- Individual advice: A lawyer can analyze your personal situation in detail and offer you tailor-made solutions and recommendations.
- Document review: Professional review and preparation of all necessary documents to ensure that no important documents are missing.
- Representation with authorities: A lawyer can support you in communicating with the relevant authorities and intervene in the event of queries or problems.
- Legal certainty: The expertise of a lawyer reduces the likelihood of your application being rejected.
Naturalization as
next step?
Conclusion and outlook for Section 32 AufenthG
As you can see, the issue of child reunification under Section 32 of the Residence Act is complex. We have summarized the most important points for you once again and dared to take a look at the future of child reunification.
Overview of the most important facts
What is child reunification?
- Possibility of bringing underage children to Germany
- Especially for parents with unblocked Residence permit for this family reunion.
Who can apply for it?
- Parents with residence titles such as residence permits in accordance with Section 7 (1) sentence 3, Section 25 (1) or (2) and other relevant titles
What do I need to apply?
- Birth certificate of the child
- Residence permit of the parent
- Proof of the child's German language skills (for children aged 16 and over)
- Declaration of consent from the other parent in the case of joint custody
- National passport and visa application
Future development of Section 32 AufenthG
The legal provisions and requirements for child reunification may change in the future. Possible adjustments could be made to further simplify the process or provide additional support for families.
Here are some possible future developments:
Social and political adjustments
- Changes in legal requirements based on new social needs
- Introduction of new support options for families
Improvements in the application process
- Simplification of the document and verification process
- Improved digital application procedures
Extended integration support
- Additional programs to support the integration of subsequent children
- Language and education support for underage latecomers
FAQ - The most frequently asked questions about child reunification
§ Section 32 AufenthG regulates the requirements and the process for the reunification of unmarried children who are minors with their parents living in Germany.
Section 32 (1) no. 4 of the Residence Act states that a minor unmarried child receives a residence permit if the parents have a residence permit in accordance with the general provisions, with the exception of Section 25 (2) sentence 1 second alternative.
Section 32 (1) no. 2 of the Residence Act states that a minor unmarried child receives a residence permit if the parents have a residence permit in accordance with Section 25 (1) or Section 25 (2) sentence 1 first alternative (refugee status).
Your child, for whom you have applied for the Residence permit § 32 AufenthG, will receive the Residence permit § 32 AufenthG.
The duration of child reunification can vary, typically the process from application to decision takes around 3 to 6 months, depending on the respective authority and the individual circumstances.
There is no fixed salary limit for family reunification, but it must be proven that sufficient financial resources are available to ensure the family's livelihood without social benefits.
