"Every passion drives us to make mistakes,
but love drives us to the silliest ones of all."
Processing Times
The German embassy is required to process a family reunification application within a reasonable time — in the event of an unjustified delay, an action for failure to act (Untätigkeitsklage) can be filed.
François de La Rochefoucauld
Our readers are well aware that there are quite a few options for moving to Germany on a permanent basis. At the same time, one must recognize that each program, however simple and straightforward it may seem, carries its own particular features and requirements that every applicant must observe strictly and precisely. Failing to comply with any procedural requirement — even where all the necessary prerequisites are otherwise met — can result in a refusal of the residence permit, wasted time and money, bitter disappointment, and the need to start all over again.
The institution of the family is revered and protected in Germany, including at the level of law. Family reunification (Familienzusammenführung) in Germany is one of the most popular legal grounds allowing a foreign national to move to Germany and obtain a residence permit here without particular difficulty. The key condition for this is having a family member residing in Germany. That family member need not necessarily be a German citizen. It could be an EU citizen living in Germany with an income, or a non-EU foreign national holding a temporary or permanent residence permit (a settlement permit, Aufenthaltserlaubnis or Niederlassungserlaubnis) or a Mobiler-ICT-Karte — the EU "Blue Card." In most cases, reunification is legally simpler if the family member is German, as their relatives generally find it easier to move to Germany. Broadly speaking, it makes no difference where the foreign nationals plan to move to Germany from — Russia, Kazakhstan, or Ukraine — a national visa is required first for a long-term stay in Germany. It will later be converted, once all conditions are met, into a long-term residence permit issued to the family member.
A category "D" visa for family reunification is applied for by the foreign national at the German consulate or other diplomatic mission in their country of origin. It is therefore crucial to understand and remember that, in order to comply with every nuance of the applicable procedure, even if your family member is already in Germany and you don't want to be separated from them, you must travel back to your home country, gather the required set of documents, obtain a national visa, and only then set off with a clear conscience for your new life in a new country. Unfortunately, despite the legal articles freely available on this topic, and despite the detailed explanations provided by attorneys specializing in immigration matters, people wishing to move often decide to "do it their own way." In this article, we will share what such experiments most often end up looking like.
A woman came to our firm — let's call her Irina — with a touching story. She told us that her daughter, Mathilde (name changed), while visiting a childhood friend in Berlin, met a young German man there named Andreas (name changed). The two fell into a whirlwind, passionate romance; they were convinced they had found true love and could no longer spend a single day apart. We would all surely agree with Friedrich Nietzsche's observation that "Love is the one thing that makes a person stronger, a woman more beautiful, a man kinder, the soul lighter, and life more beautiful!" Naturally, everyone — Mathilde's mother included — was happy for the young couple and had already begun making far-reaching plans for the future, especially since a romantic marriage proposal had already been made and accepted. However, every serious matter has an equally important "legal side." Our client asked how her daughter could quickly and clearly obtain a German residence permit, given that the girl no longer wished to leave the country. We invited the woman who had come to us, along with her daughter and the newly minted German fiancé, to a consultation with an immigration attorney at our firm's office. During the consultation, the attorney explained in detail every procedural stage and the requirements for preparing the necessary documents. The clients were told in detail that:
— in their case, it would be better to get married in Denmark or Russia, which would reduce the amount of paperwork involved in filing with the civil registry offices;
— Mathilde needed to acquire basic knowledge of German, pass the exam, and obtain the corresponding A1-level language certificate;
— before obtaining a long-term residence permit, Mathilde — by then Andreas's wife — needed to apply for and obtain a category "D" national visa;
— despite wishing to stay with Andreas right away and not leave Germany, the young woman still needed to travel back, since the documents for the national visa had to be submitted at the German Consulate — in her case, in Moscow;
— Andreas, for his part, needed to gather and submit a set of documents proving the seriousness of his intentions and his ability to receive his wife in a country new to her. This set of documents also included proof of sufficient housing space for the young couple to live in.
One might think that such a detailed explanation, backed up by references to the relevant statutory provisions, would leave no one with questions — but it later turned out that the clients had decided to do things differently. Andreas had a friend — a German attorney specializing in real estate transactions in Germany. After chatting with this friend informally over drinks at their favorite bar after work, Andreas concluded that our firm's attorneys were making everything far too complicated. On the friend's advice, the young couple decided not to "overthink it" and to act decisively and head-on. Without giving it much thought, they filed an application to register their marriage with the local civil registry office, as well as an application with the immigration authority (Ausländerbehörde) for a foreign national wishing to marry in Germany to be granted a long-term residence permit. In doing so, the couple hoped to simplify the paperwork in Germany, avoid the need for a temporary trip back to Russia, and ultimately speed up the reunification process. Unfortunately, this case became a vivid illustration of the saying "we wanted it to be better, but it turned out the same as always." As a result of such ill-considered actions, they were refused both by the office responsible for registering marriages and by the immigration authority. This did not initially stop Andreas, who, with the help of the same friend, prepared and filed a lawsuit demanding that the local Standesamt's refusal to register the marriage be overturned.
Fortunately, the matter had not yet gone too far, as our firm's attorney was contacted once again by Irina, the mother of the as-yet unmarried young woman. By that point, she had realized that the young couple had most likely "acted rashly." She turned to us a second time for advice, hoping to salvage an already nearly hopeless situation. It's worth noting that Mathilde's short-term tourist visa had already expired by then — she needed to leave the country immediately, with the grim prospect of never being able to return. Our firm's attorney, professionally refraining from any lectures or dramatic eye-rolling, clearly and plainly explained to the clients how to proceed in the situation at hand so as not to become hostage to even more serious problems.
First, he advised immediately withdrawing the lawsuit against the Standesamt, since the claims asserted were unfounded and the chances of winning were close to zero.
Second, with the help of our firm's attorney, a document with a limited period of validity was obtained from the Ausländerbehörde, on the basis of which Mathilde — even with an expired tourist visa — was able to leave Germany without obstruction.
Third, the clients were once again given a detailed explanation of the steps needed to bring this ill-fated matter to a successful conclusion.
We fully expect that, having already been "burned" once, the young couple will not make such regrettable mistakes again in the future — mistakes that could jeopardize the bright prospects now open to them. Provided all applicable statutory and procedural requirements are scrupulously observed, there is nothing standing in the way of Mathilde and Andreas obtaining the coveted, long-awaited long-term residence permit and starting a happy family life in their new home. We wished this wonderful young couple every success and invited them to come back to us with any questions or uncertainties regarding German law and its application.
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