"There are no barriers in life, only obstacles
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Processing Times
The German embassy is obliged to review a family reunification application within a reasonable time — in case of an unjustified delay, an action for failure to act (Untätigkeitsklage) can be filed.
Frédéric Delavier
Everything around us, everything we encounter and interact with, passes through the lens of personal perception, which is why everyone sees the world in their own way. Some notice the beauty of nature and seek unity with it, some crave a high social status, while others seek self-expression through art. At the same time, lawmakers in most countries of the world strive to grant their citizens as many rights as possible for the free development of the individual.
Pavel (name changed), a Russian national, came to our law firm intending to register a partnership with his partner Vitaly (name changed), a Latvian national. The couple chose Germany as the place to live together, but neither of them had any idea how they could register their union. What's more, while Vitaly, as a citizen of an EU member state, could freely relocate to Germany for permanent residence, Pavel needed to obtain the appropriate residence permit. Pavel therefore asked our lawyer to explain what options existed for him and his partner to live in Germany as an officially registered couple.
The lawyer explained that Germany has in force an Act on Registered Partnership (Gesetz über die Eingetragene Lebenspartnerschaft), which allows two people of the same sex to establish what is known as a "partnership." In doing so, the partners acquire mutual rights and obligations, bear responsibility for one another, and run a joint household.
However, the lawyer drew Pavel's attention to the fact that, under the registration procedure for such partnerships as set out in German law, both partners are required to submit for review by the state authorities an enormous list of documents, which must be certified, translated, apostilled, or otherwise legalized. Based on our law firm's own experience, the lawyer explained that the document-gathering process alone can take anywhere from several months to a year, which clients often find unwelcome.
For this reason, one alternative option is to register the partnership in Denmark instead. Denmark is well known for its accommodating approach toward people wishing to formalize their relationship. To register a marriage or partnership there, it is sufficient to confirm one's legal capacity to marry or enter into a partnership and to submit a minimal set of documents, which the competent authorities review very quickly.
Naturally, our client decided to follow the lawyer's recommendation and register the partnership with Vitaly in Denmark. To that end, Pavel and Vitaly were provided with the necessary list of documents, the required forms were filled out, and the resulting package of documents was sent to the competent Danish authorities. The lawyer also stressed that reviewing documents in Denmark usually does not take much time, so a registration date at the relevant registry office was scheduled well in advance for Vitaly and Pavel, while our client simultaneously applied for a visa.
The lawyer provided legal support on all relevant matters relating to the partnership registration, so both the document review and the registration itself went very smoothly and without any additional trouble.
The next step, however, was for our client to obtain a residence permit in Germany. Under the strategy developed by our lawyer, once the partnership with Vitaly was registered, Pavel could apply for the appropriate residence permit for the purpose of family reunification. Under German law, a person wishing to obtain such a residence permit is normally required to wait for a decision on their application in their country of permanent residence. This meant that Pavel would have had to return to Russia, wait there for a response from the competent authority, then obtain a new visa, and only after that begin the family reunification procedure.
However, our lawyer, knowing the finer points of the procedure and the nuances of German law, helped Pavel avoid the additional stress and hassle of returning to his home country, which meant our client was able to file the relevant application while remaining in Germany.
Naturally, obtaining a residence permit in Germany requires meeting certain conditions, but for reunification with a citizen of another EU country, the immigration authority does not even require proof of German language proficiency, which is required when marrying or registering a partnership with a German citizen. Moreover, the applicant's income level can be minimal if the other partner, an EU citizen, is employed in Germany.
Pointing out these nuances, our lawyer advised Vitaly to find work in Germany as soon as possible. Since both Pavel and Vitaly worked in creative professions, for greater certainty and stability the lawyer suggested registering Vitaly in Germany as a self-employed person, which was duly done. Moreover, by the time of the meeting with the immigration authority, Vitaly had also managed to obtain an employment contract as a salaried employee, which made the situation even more favorable for resolving the matter.
However, while preparing the necessary documents to apply for the residence permit in Germany, our lawyer also requested the immigration authority's full file on Pavel. It turned out that a few years earlier, Pavel had obtained a visa for the purpose of marrying a German national. Realizing that such facts could negatively affect the assessment of the current case — in particular, that his marriage could be seen as a sham marriage — the lawyer decided to find out from our client what had actually happened a few years earlier.
Pavel explained that, a few years earlier, after a long time apart, he had reconnected with his good friend Elena (name changed), with whom he had studied together at university. Swept up in shared memories and common interests, they felt that their old feelings had come back to life, and since Elena had by then been living in Germany for many years and they could see each other only very rarely, Pavel and Elena decided to get married. However, after obtaining a visa to marry in Germany and arriving to be with Elena, Pavel suddenly realized that what connected him to Elena was deep affection and friendship, but not enough to build a family together. As a result, our client parted ways with his friend and returned to Russia.
Our lawyer warned that during the interview with the immigration authority's staff, it might become necessary to explain the details of the situation, and also told the client what other questions might be asked to clarify the circumstances of the case. This kind of advance preparation always has a beneficial effect on our clients, who worry less during the interview at the competent authority once they know what to expect.
So, having carefully prepared all the necessary documents and discussed every detail, our lawyer, Pavel, and Vitaly went to their appointment at the immigration authority. During the interview, our lawyer tried to explain, as clearly as possible, the legitimacy of his client's intentions, which was supported by the necessary certificates, statements, and other documents. After reviewing the case file provided and hearing the lawyer's arguments, the official decided to grant Pavel a residence permit in Germany valid for five years.
In this way, by placing your trust in a qualified lawyer with broad experience resolving matters in the area that concerns you, you receive not only a plan of action tailored to the individual nuances of your situation and a legally sound resolution of every related question that arises, but also clear, detailed instructions that will bring you, step by step, closer to your intended goal.
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