Residence permit
for family reunification
If part of your family lives abroad, the question arises as to the conditions under which it is possible to obtain a visa or residence permit for family reunification.
Foreign spouses of a German citizen are generally entitled to a visa. The embassies require proof of basic German language skills at level A1 and usually only accept certificates from the Goethe Institute. There are exceptions to the language test requirement for spouses with a university degree or in the case of family reunification with highly qualified persons. Proof of language proficiency may be waived if the acquisition of language skills has been unsuccessful for a year despite appropriate efforts or if there are no language schools available in the country of origin.
In the case of family reunification with a foreign spouse, you must also prove that you will be able to support yourself in the event of reunification. If the family reunification is with a German spouse, no proof of a specific income is required.
If the authorities assume that a marriage was only entered into for reasons of residence (so-called marriage of convenience), you must expect to be questioned. If the suspicion of a marriage of convenience is not dispelled, the only option is often to rebut this presumption in administrative court proceedings.
If you have been living with your spouse for at least three years without interruption, you will receive a residence permit independent of the continuation of this cohabitation. This does not depend on a formal marriage or registered civil partnership, but on the duration of cohabitation.
If you would like your children to join you, this is generally only possible up to the age of 16. If the children enter the country together with their custodial parents or if the child has language skills at C1 level, they can join you up to the age of 18.
As a foreign parent of a minor German child, you will receive a residence permit if you have custody of the child. If you do not have custody of the child but at least a right of access, a residence permit can only be issued and extended if you actually provide care services. It is only possible for parents to join a minor foreign child if the child has been granted refugee protection and neither parent is currently in Germany.
The prerequisite for the issue of a residence permit is usually that you have a visa for family reunification visa. After entering the country with a Schengen visa for visiting purposes, it is usually not possible to obtain a residence permit without first leaving the country. Exceptions may be made in the case of marriage in Germany, the birth of a child in Germany or possession of a residence permit from another Schengen state.
Unfortunately, the law hardly allows parents or grandparents to reunite with adult (German) children living in Germany.
If you belong to an EU citizen living in Germany, the more generous EU law applies first. However, if you wish to join a German national, EU law does not apply. This puts German nationals in a worse position than EU citizens, as intended by the legislator. However, family reunification to another EU country may be an option.
A consultation should clarify whether and under what conditions a claim exists and how it can be enforced. If you have already received a negative decision, we will be happy to advise you on whether it makes sense to enforce the claim with legal assistance or whether a remonstration procedure promises success.
For a complaint against the refusal of a visa the Berlin Administrative Court has exclusive jurisdiction. We are happy to offer you appointments as internet conferences or by telephone.
Our specialist lawyer for migration law Sven Hasse will advise and represent you in this area.
