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. The family holds an extremely important place in Germany, even at the constitutional level. However, everyone who wishes to make use of this option must be aware that the move is only possible if a number of statutory conditions are strictly observed. Financial and legal requirements, the possibility of receiving state assistance, the need to pass a language test, and other requirements — it is very difficult for an ordinary person to make sense of all of this without professional help. The general prerequisites that must be met to obtain a residence permit for reunification with a family member who is a German citizen are set out in § 28 of the Act governing the fundamental provisions on the residence, employment and integration of foreign nationals in Germany (the "Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet," or "Aufenthaltsgesetz"):
1) for the purpose of restoring family ties or marital union;
Conditions for Family Reunification
For family reunification in Germany, applicants generally need to prove sufficient income, adequate housing and, for spouses, a basic A1-level language certificate (§ 30 AufenthG).
2) where the family member already residing in Germany with whom reunification is sought holds one of the following statuses:
·German citizenship;
· status as a German under Article 116(1) of the Basic Law;
· a residence permit of the Aufenthaltsberechtigung type;
· a residence permit of the Aufenthaltserlaubnis type;
· status as a recognized political refugee (Asylberechtigter).
3) where housing space sufficient for the whole family is available (sufficient meaning space that, in size and quality, meets the standards for social housing for Germans);
4) where the family is able to support itself without state assistance.
For inviting a family member, the means requirement is defined as at least the minimum subsistence level after all mandatory expenses.
The mandatory expenses that the inviting person bears for themselves and those invited include:
housing;
health insurance;
other expenses mandatory for the specific individual.
Every reunification case is highly individual. The attorneys at our firm, representing clients' interests in various immigration and immigration-to-Germany matters, approach each case in light of all its circumstances and help find the best solution for every situation under review. In this article, we will describe one interesting case from our extensive legal practice.
A middle-aged man came to us — let's call him Yuri — who had been living in Germany for the past ten years, having moved there permanently under the "Jewish emigration" program. His request was for legal assistance with bringing his wife and two children from Ukraine to Germany. This story had already been going on for quite some time. Yuri had met Ekaterina (name changed) in Ukraine before moving to Germany. The two fell into a passionate romance, and after a while they realized they were made for each other. However, this romance was destined to continue long-distance, since Yuri had by then already received a positive decision from the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF) allowing him to move for permanent residence. He therefore needed to obtain the required national visa and travel to Germany within the following year. So what were the two who had found each other to do? They agreed that the young man would go to Germany first, alone, and then bring the young woman over once things were settled. And that is what happened — Yuri obtained the necessary long-term visa in his home country and traveled to Germany, where he received an unlimited residence permit. His plan was to quickly find a suitable apartment, improve his German, and find a job. He could then marry his new fiancée and bring her to Germany with him. Unfortunately, integration into the new country did not go as smoothly as originally planned. The integration courses were not enough to substantially improve his language skills. Having worked as a bank employee before the move, our client was unable to find work in his field, and he did not want to take unskilled work, so he ended up doing nothing better than living on state welfare benefits. Meanwhile, Yuri regularly traveled to Ukraine to see his beloved. On one such trip, the couple got married, both to legalize their relationship and to gain the ability to reunite in Germany under the "Family Reunification" program. At that point, the couple decided to handle matters themselves, gathering and submitting the documents to the competent authorities on their own. That attempt was unsuccessful — three months after filing, the couple received a refusal on the grounds that the husband, permanently residing in Germany, did not have sufficient means to support the newly formed family.
The reunification question was set aside for a while. Yuri continued to travel regularly to Ukraine to see his wife, and Ekaterina likewise visited her husband in Germany, first on a short-stay visa and later under the newly introduced visa-free regime for Ukrainian citizens. Life went on, and time didn't stand still — despite the separation, the couple's family grew: first a daughter was born, then, two years later, a son. The paperwork situation, however, remained unchanged — the husband could still only visit his family from time to time, and the wife, now with two children, could only fly to Germany for up to 90 days within any 180-day period.
On the advice of friends, Yuri came to our law firm so that we could help him obtain residence permits for his wife and two children. At the first meeting, our firm's attorney gave the client a detailed consultation, explaining every particular and nuance of the process for obtaining the coveted residence permit. We also discussed with Yuri the need for him to find employment in the country as soon as possible in order to secure a stable income independent of state welfare. This time, our client approached the matter very thoroughly — he found two part-time jobs at manufacturing-sector companies, which gave him a stable income sufficient to support all members of his family. He then found and rented a new apartment whose size met the minimum-space requirements for each family member. All that remained was to gather and prepare the complete set of documents needed to obtain national visas for Ekaterina and the two young children, which Yuri handled under the ongoing guidance and assistance of an immigration attorney. Ekaterina ultimately filed the relevant application at the German embassy in Ukraine, while the attorney forwarded Yuri's documents to the immigration authority in Germany. After just a month and a half of anxious waiting, a story that had dragged on for several years was successfully resolved — the happy wife and children were granted category "D" national visas, entitling them to move to Germany and obtain long-term residence permits. We also informed the clients that after five years of living together in Germany, the wife would be entitled to apply for a permanent settlement permit, and we explained what additional requirements she would need to meet to successfully achieve that.
Our happy clients thanked us warmly for a job well done, and we, in turn, wished them success in their new home and many years of happy family life. In closing, we would note that immigration law is one of our firm's core practice areas, and our attorneys have successfully resolved dozens of complex and unusual cases. If you feel that the help and support of an experienced professional in matters of German immigration law is what you need, we invite you to reach out to our highly qualified attorneys.
Frequently Asked Questions
Can family reunification documents be filed without a lawyer?
Formally, yes — but in practice, even minor errors, such as insufficiently documented income, often lead to a refusal; professional support significantly increases the chances of success on the first attempt.
What happens if a reunification application is initially rejected for insufficient income?
The application can be resubmitted once the reason for refusal is resolved — for example, after finding employment that provides income sufficient to support the family.
When can the spouse of a foreign national who obtained a residence permit through reunification apply for a permanent settlement permit?
Generally after five years of living together in Germany, provided additional requirements are met, including an adequate level of German language proficiency.
All rights reserved. Copying or republishing this article requires a link to the original source.
