Family reunification with EU nationals , Date: 2024.03.01, format: Article, area: Migration and residence

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Family members of EU nationals can immigrate to Germany as a matter of principle. Other close relatives of EU nationals may also be able to join them under certain conditions.

Spouses or registered partners

Make it in Germany: Working and Living in Germany Link to the information hotline "working and living in Germany" Source: © Make it in Germany

If your spouse or partner is a Union citizen and this person is living in Germany, you can also move to Germany even if you are not a national of an EU State yourself. If your partner is not working (because they are a student or pensioner, for example), an adequate health insurance cover and an adequate livelihood is required. These resources do not need to originate from the EU national - they may equally be provided by the partner immigrating to Germany, or may originate from another source.

Children

If you are a child of EU nationals living in Germany, you can live in Germany as a matter of principle. A number of provisions must be complied with here:

  • If the EU national is gainfully employed in Germany or seeking employment, you can immigrate to Germany to join them without any further preconditions, provided that you are under 21. If you are aged 21 or older, you can immigrate to Germany for the purposes of family reunification if the EU national (or their life partner) provides for your maintenance.
  • If the EU national is studying in Germany, you can join them as their child if your subsistence is covered.
  • As a child of EU nationals who are not gainfully employed, you can immigrate to Germany to join them if adequate health insurance cover and an adequate livelihood are ensured.

Direct descendants

If you are a grandchild or great-grandchild of EU nationals, or of their spouse or partner, you can move to Germany as a matter of principle subject to the following conditions:

  • The EU national is not resident in Germany for the purpose of studying.
  • Provided that you are under 21, you can immigrate to Germany to join them without needing to meet any further preconditions. If you are aged 21 or older, you can immigrate to Germany if the EU national (or their life partner) can provide for your maintenance.

Direct ancestors

If you are a parent or grandparent of an EU national or their partner, you can immigrate to Germany to join them if they provide for your maintenance.

Close relatives

You are deemed to be a close relative if you are a family member, foster child or non-married partner of an EU national.

You may also be granted a right of residence under certain circumstances. The following requirements must be met in all such cases:

  • The EU national who is your close relative (or his or her partner) provides you with maintenance in the long term (at least two years as a rule) and not just temporarily, or
    you have lived together in the household of the EU national for at least two years prior to moving to Germany, or you are not just temporarily dependent on the personal long-term care of the EU national for serious health reasons.
  • You can move to Germany as a foster child if the EU national will be living with you in Germany as part of a family, and you are dependent on him or her.
  • You can move to Germany if you are a partner who will be living with the EU national on a non-temporary basis.

Good to know!

These regulations also apply to family members of German nationals if the German national has exercised the right of freedom of movement within the EU. 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. In this case, the more favourable provisions for reunification to join EU nationals apply, and not the regulations for reunification to join Germans.

These regulations also apply to nationals of Norway, Iceland and Liechtenstein (States of the European Economic Area [EEA] which do not belong to the EU), as well as to their respective family members and close relatives. This accordingly applies to Swiss nationals insofar as the Agreement on freedom of movement between the European Union and Switzerland provides for this.

The residence card and the permanent right of residence

If you are a family member of EU nationals, you will receive a residence card. This certifies your right of residence. The residence card will be issued to you within six months after you have provided the necessary information to the relevant immigration authority.

If you have been living lawfully with the EU national in Germany for an uninterrupted five-year period, you have an indefinite (permanent) right of residence. You will be issued with a permanent right of residence within six months of your application.

Good to know!

Family members of EU nationals only require a visa if they do not yet have a residence card and are not exempt from the visa requirement as privileged third-country nationals (citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland and the United States of America). Entry to the country does not depend on which EU Member State issued the residence card. The residence card, together with the travel document specified in the residence card, is sufficient for crossing the border in all cases. No fees are charged for the visa itself. The same applies to nationals of the EEA states Norway, Iceland and Liechtenstein.

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Legal basis

  • Section 2 of the EU Freedom of Movement Act
  • Section 3 of the EU Freedom of Movement Act
  • Section 3a of the EU Freedom of Movement Act
  • Section 4 of the EU Freedom of Movement Act
  • Section 4a of the EU Freedom of Movement Act
  • Section 5 of the EU Freedom of Movement Act
  • Section 12 of the EU Freedom of Movement Act
  • Agreement on freedom of movement between the European Union and Switzerland