FAMILY REUNIFICATION IN GERMANY – HOW IT WORKS!

Basic requirements: Residence status and means of support

Family reunification in Germany first requires that the sponsor living in Germany has a secure residence status. Residence permits issued for the purpose of gainful employment, education or on humanitarian grounds are particularly relevant. Depending on the status, the specific requirements and the scope of the right to family reunification vary considerably. Whilst holders of a settlement permit are generally given priority, additional restrictions may apply in the case of temporary residence permits.

A key criterion is also the ability to secure a means of support. In principle, the Residence Act requires that the means of support for the family members joining the sponsor can be covered without recourse to public funds. In particular, income, existing rent and housing costs, as well as maintenance obligations, are taken into account. The decisive factor is a provisional decision by the competent immigration authority as to whether financial capacity is guaranteed in the long term.

In practice, calculating income poses particular difficulties. In addition to net income, factors such as child benefit, housing benefit or other social security benefits also play a role – although not all benefits are recognised equally. Furthermore, adequate housing must be demonstrated, with requirements based on the number of people living in the household.

Exceptions to the obligation to secure a means of subsistence apply in particular to certain persons entitled to protection, such as recognised refugees. In these cases, family reunification should not fail due to financial requirements, provided the application is submitted within the deadline.

When applying, it is advisable to compile all relevant supporting documents early and carefully, particularly regarding income, tenancy agreements and residence status. Incomplete documentation is one of the most common reasons for delays in the process and may even lead to rejection in individual cases.

Family reunification with German nationals and foreign nationals 

Family reunification with German nationals – Section 28 of the Residence Act

Family reunification with German nationals is governed by Section 28 of the Residence Act (AufenthG) and offers significant advantages over reunification with foreign nationals. Whilst the general requirements under Sections 5 and 27 of the Residence Act apply, they are often relaxed in the interests of protecting the family. In particular, for spouses, minor children and parents of German children, the obligation to prove means of subsistence is frequently waived. The decisive factor is the actual existence of, or the intention to establish, a family life in Germany. This depends not only on formal kinship but also on lived relationships, such as parents actually being involved in the care and upbringing of their children.

Previous stays by the German citizen in other EU countries may bring additional benefits if the right to free movement was exercised there. For children, the age at the time of application is decisive; for parents, it is the actual care of the German child; in individual cases, the visa may also be issued before the birth. Spouses must generally be of legal age, and the joining partner must demonstrate a basic knowledge of the German language (A1); exceptions are possible. After three years of cohabitation with a German national, a permanent residence permit can generally be obtained. Even atypical situations, such as parents without custody or stepchildren, may be taken into account where there are close family ties or special circumstances.

Source

Berlin State Immigration Office (LEA)

Family reunification with foreign nationals – Section 29 of the Residence Act

There are various concessions for family reunification with foreign nationals:

EU Blue Card: Family members of holders of a German Blue Card who previously lived in another EU country enjoy special advantages. Proof of accommodation or means of support is not required; only health insurance is necessary. The prerequisite is that the family was already living together in another EU country. 

Recognised refugees / humanitarian residence permits: Spouses and minor children benefit from simplified family reunification procedures; for adult children, these are only available to a limited extent. During the revocation proceedings, a family reunification application may generally not be refused, and decisions are made in favour of the applicants if there is danger in the country of origin or if means of subsistence or accommodation are not yet available. 

Subsidiary protection: In this case, the three-month deadline for submitting an application does not apply. Family reunification is possible even if means of support or accommodation cannot be demonstrated, particularly if reunification in a third country is impossible or unreasonable. 

Humanitarian residence: In the case of residence permits granted on humanitarian grounds or under international law, spouses and minor children are given priority for family reunification, with the family’s living arrangements in Germany or in the country of origin being the decisive factor. 

Temporary protection: Following the implementation of EU Directive 2001/55/EC, e.g. for persons from Ukraine since February 2022, family reunification is also possible without the standard requirements (Sections 5, 27) if the family existed prior to fleeing and was separated. Other close relatives may join the family under Section 36, provided they do not fall under Section 24. 

FEWG amendments from 1 March 2024: For holders of the EU Blue Card, ICT cards or certain work residence permits, the housing requirement is waived until 31 December 2028. 

In summary, family reunification has been significantly simplified for Blue Card holders, refugees, beneficiaries of subsidiary protection and humanitarian cases. Proof of means of support and accommodation is often not required, deadlines are partially waived, and decisions are usually made in favour of the family, particularly where there is danger in the country of origin or no possibility of reunification in a third country.

Source

Berlin State Office for Migration (LEA)

Spousal reunification – language skills and proof of accommodation

In order for spouses to live together in Germany, they must generally provide evidence of German language skills and sufficient accommodation. For beneficiaries of subsidiary protection or Blue Card holders, simplified rules may apply in certain circumstances. Family reunification not only enables them to share their daily lives, but also forms the basis for the spouse’s independent right of residence.

Spousal reunification, Section 30 of the Residence Act

Spousal reunification under Section 30 of the Residence Act (AufenthG) enables spouses to join their partner living in Germany. In principle, this entitlement applies if the marriage has already taken place or is imminent. Special rules under Section 36a apply to beneficiaries of subsidiary protection. A prerequisite for reunification is that the livelihood of the spouse living here is secure; the joining spouse is generally not required to prove their own means of support prior to the marriage. A visa for marriage within Germany is only granted if both spouses are at least 16 years old at the time of marriage, although the minimum age of 18 may be waived on grounds of hardship.

A further criterion is proof of basic German language skills at A1 level. However, there are numerous exceptions: spouses whose family reunification is impossible or unreasonable on grounds of hardship are exempt from the language requirement. Spouses of certain highly qualified professional groups, such as holders of an EU Blue Card, an ICT Card, a Mobile ICT Card or researchers, also do not require proof. The same applies if the spouse is already living in Germany for other reasons or if there is a demonstrably low need for integration. Language proficiency is also waived in cases of family reunification with German children or for privileged spouses under Section 41 of the Residence Regulation (AufenthV).

The stay must be expected to be long-term, i.e. longer than one year. Short-term stays, such as for scientific research or language courses, do not fall under spousal reunification. Spouses who are already in Germany and do not have sufficient German language skills may receive a provisional residence permit or temporary leave to remain for up to six months in order to acquire the necessary skills. After that, they may be required to attend the A1 integration course, provided no other exemption applies.

The Immigration Authority also has the discretion to make decisions on a case-by-case basis. This applies, for example, to researchers, scholarship holders, students nearing the end of their studies, or cases involving particular hardship, such as shared children or a spouse requiring care. Even when extending a residence permit, certain standard requirements, such as proof of sufficient means of support or housing requirements, may be waived in exceptional cases.

German language skills at A1 level are not required if the spouse holds certain residence permits, such as the EU Blue Card, an ICT Card, a Mobile ICT Card, or a residence permit for researchers or highly qualified professionals. Exceptions also apply in special personal circumstances, for example in the case of physical, mental or psychological illness, or if acquiring language skills prior to entry is impossible or unreasonable, for instance due to a lack of courses, security risks, high costs or illness. A low need for integration, for example due to high professional qualifications or when joining minor German children, also justifies waiving the language requirement. 

Source

Berlin State Immigration Office (LEA)

Independent right of residence for spouses, Section 31 of the Residence Act

The independent right of residence for spouses (Section 31 of the Residence Act) sets out the conditions under which spouses of persons entitled to subsidiary protection, holders of an EU Blue Card or other residence permits may acquire their own right of residence in Germany. In principle, it is only granted following a residence permit for spousal reunification. Spouses of Turkish nationals or holders of an EU Blue Card may claim a reduced marriage duration (2 years instead of 3), provided certain conditions are met.

The right to independent residence cannot be extended to spouses whose residence permits do not offer any prospect of a settlement permit or long-term residence permit (EU). Particular cases of hardship (Section 31(2)) – such as in the case of minor spouses, psychological or physical abuse, or the threat of significant harm resulting from a return to the country of origin – may lead to an exception. Temporary separations do not affect the duration of the marriage, but permanent separation does interrupt it.

The extension as an independent right of residence also takes into account periods during which the spouse was in Germany for other lawful reasons (studies, visa). Independent residence generally requires financial independence or financial support from the principal holder of the right of residence. Childcare or the need for care may constitute an exception to the requirement for financial support.

Children joining their parents – general principles

If a child wishes to join their parents in Germany, a few basic rules apply: they must not be married, divorced or widowed and should be under 18 years of age – the law in the country of origin is irrelevant in this regard. A decision to allow reunification may only be made otherwise in cases of particular hardship.

For children of parents who have subsidiary protection (i.e. protection from war or persecution), the rules of Section 36a have applied since a change in the law. However, Section 32 remains important if one parent has a standard residence permit and the other enjoys subsidiary protection.

The situation becomes particularly complicated if a child is to join both parents at the same time or an unaccompanied minor refugee. In such cases, a thorough assessment is carried out to determine which regulations apply.

Section 32: Child reunification

Children wishing to join their parents in Germany must generally be unmarried and under 18 years of age. The date of application is decisive for the age assessment: if the child is still a minor at the time of application but reaches the age of majority during the proceedings, all requirements – such as securing a means of support – must nevertheless be met both at the time of reaching the age of majority and at the time of the decision.

Reunification is generally possible if at least one parent holds a residence permit. If the child has two parents, only one of whom holds a residence permit, the child may join them provided the other parent consents or an official decision replaces such consent. For children of recognised refugees or persons entitled to asylum, the key factor is whether the child is a minor at the time of the parents’ asylum application, and the application must be submitted within three months of protection being granted. If this deadline is missed, different rules apply.

To prove parenthood, paternity must be acknowledged for children born out of wedlock; this can be done via a notary, registry office, youth welfare office or court. Once paternity has been acknowledged, this is sufficient proof. Even if the father’s identity is not fully established, the acknowledgement remains valid as long as it is clear that no one else has made the declaration.

If a parent has custody by virtue of a foreign court decision, this is recognised in Germany unless it clearly contravenes German fundamental values or the child’s best interests. The German authorities examine this only with restraint and do not scrutinise the substantive correctness of the foreign decision.

Children have particularly good prospects of being granted family reunification if they are joining a nuclear family, i.e. if their father, mother or siblings live in Germany. For children under the age of 13 and where there are family ties, family reunification may also be possible despite uncertain financial means. Children aged 16 and over must demonstrate German language skills at C1 level, for example through school reports or certificates from recognised language exams.

In the case of adoptions from countries that are party to the Hague Convention, the Youth Welfare Office, together with the relevant overseas office, assesses the child’s best interests before a visa is issued. Overseas adoptions without the involvement of the adoption agency are not recognised.

In exceptional cases, for example in emergencies or where there are special family ties, the Foreigners’ Registration Office may decide at its own discretion. It is always important that the child’s best interests ( ) are safeguarded and that the child is not removed from the sphere of influence of the parent with custody without that parent’s consent.

Birth of a child in Germany, Section 33 of the Residence Act

If a child is born in Germany, they are entitled to a residence permit if at least one parent holds a valid residence permit. This also applies if the permit was granted on humanitarian, international law or political grounds. Children of parents with certain special permits, such as the EU Blue Card or an ICT card, are also covered by this provision.

If the child has German nationality by birth, a previously granted residence permit for the child is not legally valid – it does not need to be revoked. However, if the parents do not hold a German passport, the residence permit is granted automatically or upon application under Section 33.

The aim of Section 33 is clear: children should benefit from their parents’ lawful residence in Germany and the family should be protected and remain together.

Source

Children’s independent right of residence, Section 34 of the Residence Act

Section 34 governs the renewal of residence permits granted to a child for the purpose of family reunification with a foreign parent, i.e. those based on Sections 32, 33 or 36a. For minor children, § 34(1) is generally applied when extending a residence permit, whilst for children of full age, § 34(2) applies, which describes the independent right of residence. § 34(3) serves only to extend the permit on the basis of paragraph 2.

If the child meets the requirements of Section 37, it is irrelevant whether they still live with their parents or whether the parents still hold a residence permit. In the case of minor children whose residence continues after they reach the age of majority, the general conditions for granting a permit must be examined, in particular the means of subsistence. If these are not met, the extension may in principle be refused.

However, there are exceptions if the person concerned has grown up in Germany, has obtained a school or vocational qualification, or is currently undergoing training. In such cases, the extension may be granted even if means of support are not yet fully secured, usually for one year or until the expected end of the training. In doing so, generous use should be made of the discretion under Section 35(3) sentence 2.

Problematic are cases where a visa for a child to join their parents was granted before they reached the age of majority, but the residence permit is only applied for after they have reached the age of majority. As the visa alone does not confer an independent right of residence, Section 34 is applied analogously here. If the general requirements are met, the residence permit is normally to be granted; if it is refused on the grounds of insufficient means of support, humanitarian residence under Section 25(4) may be considered where appropriate.

According to the ECJ, particularly in cases of children joining recognised refugees or persons entitled to asylum, it is essential that the child is a minor at the time of the parent’s asylum application and that the visa application is submitted within three months of protection being granted. Under these conditions, even an adult, unmarried child may be granted a residence permit of at least one year despite a lack of means of subsistence.

Independent right of residence (consolidation for children), Section 35 of the Residence Act

Section 35 of the Residence Act governs the granting of a settlement permit to foreign adolescents and young adults, in particular family members of persons entitled to subsidiary protection. The Act distinguishes between minors and adults and links entitlement to the integration progress of the individuals concerned.

Minors aged 16 and over who have held a residence permit for five years are generally entitled to a settlement permit, provided there are no grounds for exclusion. For the purposes of assessment, the length of residence at the time of reaching the age of 16 is taken into account, not the date of application. Once the applicant has reached the age of majority, special provisions apply (Section 35(1) sentence 2) which take the progress of integration into account: anyone who does not yet meet all the requirements after reaching the age of majority will only be granted a settlement permit once these requirements can be demonstrated.

Before the permit is granted, it must be checked whether there are grounds for exclusion, such as criminal offences (Section 35(3) sentence 1). If there is a ground for exclusion, the permit may still be granted, as the law leaves this to the discretion of the authorities (Section 35(3) sentence 2). In the case of young people attending a general education school or undergoing vocational training, the authorities should take a lenient approach, even if a ground for exclusion is only partially present. Stricter criteria apply only in cases of particularly serious grounds, such as significant criminality.

A key factor is education. Even if the applicant’s livelihood is not yet secured, a settlement permit may be granted if the young person or young adult is undertaking training leading to a recognised school, vocational or academic qualification. The criterion is whether, based on the applicant’s educational or training history to date, there is a realistic chance of obtaining the qualification. Adult education courses, such as those at adult education centres, are recognised for this purpose. Preparatory measures at independent providers, however, are only recognised under certain conditions.

Concessions apply in cases of particular hardship, such as physical, mental or psychological illnesses or disabilities: anyone who, due to such an impairment, is unable to acquire sufficient German language skills or secure their livelihood may still be granted a settlement permit. Proof is generally provided by medical certificates documenting the permanent impairment.

Overall, the decision therefore depends heavily on the individual’s progress with integration, education, roots in Germany and individual cases of hardship. The aim is to offer young people and young adults who are actively striving for education and integration the prospect of long-term residence, even if individual formal requirements, such as the ability to support themselves, have not yet been fully met.

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Family reunification for other family members and special cases

In addition to the standard family reunification for children, the Residence Act also governs the reunification of other family members, namely spouses, registered partners, parents or other relatives whose family ties require special consideration. In addition to the general eligibility requirements, such as proof of sufficient means of support and adequate German language skills, special provisions also apply – for example, in the case of persons entitled to subsidiary protection, minor spouses, cases of hardship or persons with health impairments. In these cases, the law may provide for exceptions or grant the authorities particularly broad discretionary powers in order to preserve family unity.

Section 36: Family reunification for other family members

In addition to the standard family reunification of children and spouses, the Residence Act also regulates the reunification of other family members, such as parents, siblings or adult children, in specific cases. For instance, the parents of an unaccompanied minor (UMA) may have a legal right to entry and a residence permit if their child holds a residence permit or a settlement permit. The prerequisite is that the child is still a minor and neither parent is already living in Germany. Applications submitted by both parents simultaneously or within a short timeframe are taken into account, and the decision as to whether one parent remains behind lies with the family.

In principle, the parents’ entitlement only applies until the child reaches the age of majority. However, if the application is submitted in good time, the visa may remain valid until the child reaches the age of majority. For minor refugees and beneficiaries of subsidiary protection, special provisions and the case law of the ECJ apply in some cases, according to which the child’s age at the time of the asylum application is decisive.

Furthermore, the ability to support oneself and the requirement for accommodation do not play a role in the granting of a residence permit to parents under Section 36(1). At the same time, siblings may join the child, provided this is in close temporal connection with the parents’ entry. A separate application for siblings to join is only possible in exceptional cases of hardship, which must be justified on family grounds. Political or general crisis situations in the home country are not sufficient grounds for this.

For other family members, such as adult children, grandparents or grandchildren, family reunification is generally only possible in exceptional cases of hardship. A case-by-case assessment is always required. Exceptions apply, for example, to children requiring care or relatives in need of care. Patchwork families are not generally recognised as exceptional cases of hardship.

Furthermore, parents and parents-in-law of skilled workers holding certain residence permits (e.g. EU Blue Card, ICT Card or residence permits for senior executives, scientists or engineers) may join them, provided that their livelihood is secured. Housing requirements do not apply in this case, but proof of health insurance is required. Where applications are submitted simultaneously for other family members, such as minor children, Section 32 of the Residence Act (AufenthG) also applies.

In summary, Section 36(1) and (2) constitutes a flexible provision which, on the one hand, protects family unity but, on the other hand, requires a case-by-case assessment to prevent abuse.

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Section 36a Family reunification for beneficiaries of subsidiary protection

Until 23 July 2025, only members of the nuclear family were entitled to family reunification with beneficiaries of subsidiary protection under Section 36a of the Residence Act. This included spouses, parents of minor foreign nationals and minor, unmarried children. Of these, a maximum of 1,000 persons per month are to be permitted to enter the country legally on humanitarian grounds. Other family members, such as siblings, are not included.

With the entry into force of the Act on the Suspension of Family Reunification for Persons Entitled to Subsidiary Protection on 24 July 2025, family reunification will be suspended for two years. For persons entitled to subsidiary protection who were recognised before 18 March 2016, the provisions of the Residence Act in the version applicable until 31 July 2018 will continue to apply.

The granting of a residence permit for family reunification may be based on humanitarian grounds relating to both the person entitled to subsidiary protection living in Germany and the family members residing abroad. In such cases, means of support and accommodation are not assessed. The general provisions on family reunification (Sections 27, 29, 31, 33, 34, 35, 36) continue to apply in part to these cases, particularly where the person entitled to subsidiary protection already holds a settlement permit.

Conditions for granting:

Spousal reunification requires a marriage contracted prior to fleeing and the submission of a marriage certificate. Marriages entered into before the age of 16 may be recognised upon reaching the age of 18. Both spouses must be of legal age; language skills are not assessed during the visa procedure. Polygamous marriages are not recognised.

Child reunification requires the child to be unmarried and under 18 years of age. For parental reunification, the minor principal applicant must hold a residence permit under Section 25(2). The parents’ application should be submitted before the child reaches the age of 18.

Humanitarian grounds:

A humanitarian reason may exist if the family has been unable to live together for a prolonged period.

Minor, unmarried children are always considered a humanitarian reason for family reunification.

Serious illnesses, the need for care or disabilities affecting the principal applicant or those seeking to join them may also constitute humanitarian grounds.

Integration aspects:

The decision also takes into account the integration efforts of the principal applicant and the family members joining them, e.g. securing a livelihood, language skills, school attendance, education, work placements or community involvement.

Criminal offences below the threshold for grounds for refusal are taken into account as negative integration factors.

Grounds for refusal:

Family reunification will be refused if the marriage was only entered into after fleeing the country (exceptions possible) or if the principal applicant has been convicted of serious criminal offences.

Family reunification may also be excluded if the BAMF revokes or withdraws protection status.

Special considerations:

The residence permit is generally aligned with the duration of the principal applicant’s residence permit.

The general age and polygamy regulations apply accordingly to spouses of persons entitled to subsidiary protection.

Parental reunification with minor principal applicants may take place until the child reaches the age of majority; thereafter, a decision on residence is made in accordance with general immigration law, where applicable pursuant to Section 25(5).

Application: Procedure, deadlines and competent authorities

Applications for family reunification are generally submitted to the relevant German diplomatic mission (embassy or consulate) in the home country or country of residence of the family member seeking to join the family. All necessary documents must be submitted, such as marriage or birth certificates, proof of the protection status of the family member living in Germany and, where applicable, further documents substantiating humanitarian grounds or special circumstances.

This applies in principle to all applications for family reunification, regardless of whether they concern spouses, children or parents. Due to the diversity of individual cases – such as differences in age, health status, family situation or existing residence permits – the procedure, deadlines and prospects of success can vary considerably.

Important: Due to the complexity of the procedures and individual circumstances, it is always advisable to consult specialist solicitors at an early stage to ensure that the application is submitted correctly, deadlines are met and the chances of a successful family reunification are maximised.

Information sheets listing the required documents can be viewed via the following link.