Family Reunification and Difficult Life Circumstances

"In family life, the most important screw is love."

Anton Chekhov

Germany is a very popular country to move to, and many people are eager to relocate here specifically: the availability of various jobs, a high standard of living, and political, economic and social stability all undoubtedly play an important role. Although the German state, under its Constitution, holds the family sacred and protects it, former citizens of the USSR often run into difficulties meeting the procedural requirements needed for family reunification. The conditions set by the German state in this regard differ for ethnic Germans, late resettlers, contingent refugees, for those who arrived as the spouses of the above-mentioned persons, and for their biological and adopted children. 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. It should also be kept in mind that the mere fact of having a family member in Germany, while a mandatory factor under German law, is not by itself sufficient. The general requirements that must be met to obtain a residence permit for family reunification 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 (if relatives intend to live separately, say in different cities, there is no legal basis for reunification. The legislature considers that, in that case, the persons involved might just as well live in different countries);

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.

Documents for obtaining the long-term national visa on the basis of which the corresponding residence permit is issued must be submitted to the German embassy in the country of which the reuniting spouse is a citizen. Attention should also be paid to the country where the marriage was registered. A marriage certificate obtained outside the European Union requires, in addition to translation into German, a special form of legalization — an apostille.

In the work of our law firm, one of whose practice areas is immigration law and matters relating to immigration to Germany, many complex and non-trivial cases arise. In such matters, the attorney must carefully examine the circumstances of the case and the applicable statutory provisions in order to choose the best solution. With the attorney's help, clients prepare the necessary set of documents tailored to the particulars of their case; the attorney then forwards the set to the government authorities responsible for deciding on the grant of a residence permit, oversees the review process from start to successful conclusion, keeping clients informed at every stage of the procedure and of any need to provide additional documents or information. In this article, we will describe one interesting case from our practice in which our firm's attorney managed to secure a welcome exception to the general rule that applies in the vast majority of cases.

A young couple came to us for a consultation — let's call them Alla and Robert (names changed). About a year earlier, the two had met on a dating website, after which a romantic relationship developed between them. Alla, a Ukrainian citizen, was living in Kyiv at the time. Robert, a German citizen, lived in a rented apartment in Berlin. About a month after they first met online, Robert, having grown interested in his long-distance conversation partner, suggested meeting "in real life." He chose a decent hotel in the center of western Berlin and invited the young woman to visit for a week. Alla, entitled to fly to Germany on her Ukrainian passport visa-free for up to 90 days, did not think twice, packed her suitcase and set off toward new adventures. The week in Robert's home country exceeded the young couple's boldest expectations. After that meeting, events unfolded quickly. Not a day went by without Alla and Robert talking on the phone for a long time, and they managed to see each other nearly every month — sometimes Alla would come visit the young man in Germany, sometimes they would organize short trips to other European countries. This "long-distance love" continued for quite some time, until the couple made the key decision that they loved each other and wanted to live together as a married couple. Some time after making that decision, at Robert's initiative the couple came to our law firm with numerous questions about the "pitfalls" of reunification. In addition, shortly before their visit to our firm for a consultation, it turned out that the young woman was expecting.

First, the attorney, having listened carefully to the clients, explained to them every particular of the upcoming family reunification (Familienzusammenführung) procedure and of obtaining a national visa in Alla's home country.

Second, the attorney explained the advantages if the couple officially registered their marriage in the near future. In that case, it would be easier to obtain the corresponding national visa, and the child would also be born into a complete, officially registered family, sparing the need to separately establish paternity.

Following the attorney's advice, the young couple flew together to Ukraine, where they officially registered their marriage. The plan was then to live with Robert for a month, hold a wedding celebration surrounded by relatives, and then return to Ukraine to file the set of documents for family reunification at the German Embassy in Kyiv. However, life had other plans. Already in her sixth month of pregnancy, Alla was living with Robert in Germany when she began having health problems. Pregnancy complications arose, and doctors strongly recommended rest and an almost bed-bound regimen to preserve the pregnancy. There could, of course, be no question of the woman flying or traveling from Germany to Ukraine. Meanwhile, the days available to Alla to remain in the country without an appropriate visa were soon running out. Alla and Robert visited our firm again to find out whether any way out of the situation could be found. Under the general rule, the young woman would have had to leave the country shortly and apply at the German embassy, submitting the set of documents required to obtain a national visa.

Acting in the clients' interest, the attorney decided to approach the Immigration Authority (Ausländerbehörde) with a request to recognize Alla's case as exceptional and to exempt her from the obligation to return to her home country to apply for and obtain a visa. On the attorney's recommendation, the woman visited a doctor and obtained a certificate stating that the pregnancy was at risk and that travel to another country would likely trigger a premature termination of the pregnancy. On this basis, a petition was prepared requesting that the appropriate permission be granted for Alla to remain in Germany and obtain a residence permit without leaving the country. Life once again altered the couple's plans. While the petition was still being reviewed, the couple had a son, who acquired German citizenship. Alla now had an additional ground for reunification — not only her husband but also a child was now residing in Germany with her. The corresponding documents confirming that Alla had a child in Germany who was a German citizen were likewise submitted to the Ausländerbehörde.

On the basis of the petitions filed, supported by a comprehensive set of supporting documents, a favorable decision was issued — the woman was granted a residence permit for a period of three years, without having to leave the country. Once that period expires, Alla will be able to apply for a new, unlimited residence permit. Thus, thanks to our attorney's work and the correctly assembled documents, it was possible to avoid the pregnant Alla having to return to Ukraine, which could have had fatal consequences.

We, a team of professionals with a track record of successfully resolved cases, wish couples the fortune of finding each other and building strong, large families. We gladly take on all the formalities involved in complying with procedural requirements and will do everything in our power to ensure that couples with serious intentions who are building a family can live together in Germany, the country they have chosen to build their family nest.

Immigration & Residence Law

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