Family reunification (Familiennachzug) is one of the most common reasons for moving to Germany. The law protects marriage and the family (Art. 6 Grundgesetz) but sets clear requirements: regarding the status of the sponsoring family member, housing, livelihood and, for spouses, knowledge of German. Below we explain who is entitled to family reunification, how the family residence permit is extended and what happens upon divorce.
Key points
- Spouses: both over 18, as a rule German at A1 (§ 30 AufenthG).
- Children: minor and unmarried (§ 32); special requirements from age 16.
- Joining German citizens (§ 28) – less strict requirements, permanent residence as a rule after three years.
- After divorce, the residence permit is retained if the marriage in Germany lasted at least three years (§ 31).
General requirements for family reunification
- The family member in Germany holds a suitable residence title: settlement permit (Niederlassungserlaubnis), Daueraufenthalt-EU, residence permit (Aufenthaltserlaubnis), EU Blue Card (Blaue Karte EU), etc. (§ 29 Abs. 1 Nr. 1).
- Sufficient housing is available (§ 29 Abs. 1 Nr. 2).
- The livelihood is secured – including health insurance and without social assistance (§ 5 Abs. 1 Nr. 1, § 2 Abs. 3). Kindergeld, Elterngeld and certain other benefits do not stand in the way.
- The marriage or family relationship was not entered into solely for the purpose of moving to Germany (§ 27 Abs. 1a – sham marriage).
- Entry, as a rule, with a family reunification visa (§ 5 Abs. 2).
Joining a spouse (§ 30 AufenthG)
The spouse of a foreign national receives a residence permit if:
- both spouses are at least 18 years old;
- the joining spouse can communicate in German at least at a basic level (A1, § 2 Abs. 9);
- the spouse in Germany holds, for example, a settlement permit, Daueraufenthalt-EU, an EU Blue Card, or a residence permit for at least two years, or a residence permit for employment or study if the marriage already existed when it was issued and the stay will last more than one year.
The A1 requirement does not apply in particular if the spouse in Germany holds an EU Blue Card or a residence permit as a skilled worker (§§ 18a, 18b, etc.), if the spouse cannot learn the language due to illness or disability, if the sponsoring spouse is a national of a state whose citizens may enter visa-free even for long-term stays, or if learning the language before entry is impossible or unreasonable in the individual case (§ 30 Abs. 1 Satz 3).
Joining German citizens (§ 28 AufenthG)
The foreign spouse of a German citizen, their minor child and the parent of a minor German child exercising parental care are entitled to a residence permit if the German citizen lives in Germany. For children and parents, the livelihood requirement does not apply; for the spouse, as a rule, it does not apply either (§ 28 Abs. 1). The requirement of basic German for the spouse does apply.
Permanent residence is granted, as a rule, after three years with a residence permit if the family continues to live together in Germany, there is no interest in expulsion and German at B1 is proven (§ 28 Abs. 2).
Reunification with children (§ 32 AufenthG)
A minor unmarried child receives a residence permit if both parents, or the sole parent with custody, hold a residence title in Germany. If the child has already turned 16 and is not moving together with the parents, either German at C1 level or a well-founded prognosis that the child will be able to integrate thanks to their education and living circumstances is required (§ 32 Abs. 2) – with exceptions, for example, for families of persons granted protection.
Parents and other relatives (§ 36 AufenthG)
Other family members – for example, elderly parents of adult children – may be granted a residence permit only to avoid exceptional hardship (außergewöhnliche Härte, § 36 Abs. 2). This is a high threshold: in practice, it usually concerns situations in which the relative cannot live independently and the necessary assistance can only be provided in Germany.
Family members of EU citizens
For the families of citizens of other EU countries living in Germany, it is not the AufenthG but the Freedom of Movement Act (Freizügigkeitsgesetz/EU) that applies, with its own, as a rule more favourable, rules.
Extending the family residence permit and divorce
The family residence permit is extended as long as the family relationship continues. File the extension application before the permit expires – the residence permit is then deemed to continue until the authority decides, and a Fiktionsbescheinigung is issued (§ 81 Abs. 4 and 5 AufenthG).
If the marriage breaks down, the spouse's residence permit is extended for one year as an independent right if the marriage lawfully existed in Germany for at least three years or if the foreign spouse died while the couple were living together in Germany (§ 31 Abs. 1). For spouses of EU Blue Card holders, two years in Germany and one year beforehand in another EU country are sufficient (§ 31 Abs. 1a). To avoid particular hardship, the law allows exceptions to these periods (§ 31 Abs. 2).
If the embassy or authority has refused
A refusal can be challenged. Against a visa refusal, an action is usually brought before the Administrative Court of Berlin (Verwaltungsgericht Berlin); the exact procedure and deadline are stated in the information on legal remedies in the decision itself. It is important not to miss deadlines and to gather evidence of the genuineness of the marriage or family relationship straight away.
From our practice
- Family reunification when the embassy objects
- Joining a spouse who is a German citizen
- Does the level of salary matter for family reunification?
- Reunification with elderly parents
- Family reunification without returning to the home country
- The role of a criminal record in family reunification
- Family members joining an EU citizen
- Residence permit after divorce with young children
See also: Permanent residence in Germany, EU Blue Card.
Frequently asked questions
Is A1 German required to join a spouse in Germany?
As a rule, yes: the spouse must be able to communicate in German at a basic level (A1, § 30 Abs. 1 Nr. 2 AufenthG). Exceptions apply, for example, to spouses of EU Blue Card holders and other skilled workers, in the case of illness or disability, and to nationals of states whose citizens may enter visa-free for long-term stays.
How much do I need to earn for family reunification?
The law does not set a fixed amount. The family's livelihood, including health insurance, must be secured without social assistance (§ 2 Abs. 3, § 5 Abs. 1 Nr. 1 AufenthG); the authority calculates this individually. When joining a German citizen, this requirement does not, as a rule, apply.
Is the family residence permit revoked upon divorce?
If the marriage lawfully existed in Germany for at least three years, the residence permit is extended for one year as an independent right (§ 31 Abs. 1 AufenthG). Exceptions are possible to avoid particular hardship (§ 31 Abs. 2).
Can I bring my parents to Germany?
Parents of adult children and other relatives can obtain a residence permit only to avoid exceptional hardship (außergewöhnliche Härte, § 36 Abs. 2 AufenthG). This is a strict requirement that is assessed individually.
Can family reunification be arranged without a visa while already in Germany?
As a rule, you must enter with the appropriate visa (§ 5 Abs. 2 AufenthG). This can be waived if there is an entitlement to a residence permit, and must be waived if repeating the visa procedure would be unreasonable in the individual case.
Conclusion
The success of family reunification depends on the details: the status of the sponsoring family member, the income calculation, housing, language exemptions and the correct visa procedure. We review your situation, prepare the documents and represent you before the embassy, the foreigners' authority (Ausländerbehörde) and the courts – throughout Germany.
This article is for general information only and does not replace individual legal advice.
