Subsequent immigration to join German family members , Date: 2024.03.01, format: Article, area: Migration and residence

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Foreign spouses or registered partners, minor, unmarried children of German nationals and parents of minor, unmarried German nationals can immigrate to Germany. The key condition is that the German must have his or her main place of residence in Germany and the foreigners must intend to live with the German national as a family unit.

Family members coming to Germany for the purpose of family reunification are allowed to work in Germany.



Good to know!

If the German national has exercised the right to freedom of movement within the EU, the more favourable regulations on family reunification to join EU citizens also apply to family members of German nationals. This is the case if the German has previously worked in another EU State, or has lived there for a prolonged period of time and then returns or has returned to Germany.

Family members who themselves are EU nationals exercise their right to freedom of movement for family reunification.

Spouses or registered partners

As a spouse or registered partner of a German national, you will generally be required to have a basic command of German. Exemptions however apply here, such as

  • if you have unsuccessfully attempted to learn German for a year and still lack a basic command of German, or
  • if no German courses are available in your country of origin, if such courses are too expensive or if you are unable to attend them for other reasons.

If you cannot yet speak German when you come to the country, you will however be obliged to learn the language in Germany.

Open-ended residence

Foreign family members of German nationals can be issued with a permanent right of residence (settlement permit) after only three years, provided the family community continues to exist in Germany.

Children aged 16 or over may be entitled to receive a settlement permit, subject to certain conditions.

Minor, unmarried children

As a minor, unmarried child of a German national, you may come to Germany to join your parent living in Germany, provided that this parent is willing and able to live together with you in a family unit.

Parents

As a foreign parent of a minor, unmarried German national, you may come to Germany if you have the right of custody of the child and would like to exercise this right.

Other relatives

Other family members, such as the parents of adult Germans, aunts, uncles and grandparents, may only be permitted to immigrate in order to avoid an exceptional hardship. This is decided on the merits of each individual case.

The legal basis

  • Section 27 of the Residence Act
  • Section 28 of the Residence Act
  • Section 31 of the Residence Act
  • Section 33 of the Residence Act
  • Section 34 of the Residence Act
  • Section 35 of the Residence Act
  • Section 36 of the Residence Act