Serviceportal–Baden-Württemberg
Nachfolgend finden Sie die Verfahrensbeschreibungen der Angebote des Serviceportals BW.
Procedure descriptions
Reunification for family reasons (with Germans) - Apply for a residence permit
Foreign family members can join a German citizen in Germany and receive a residence permit for family reasons.
Family members in this case are
- underage children,
- Spouses
- Partner of a registered civil partnership within the meaning of the former German Civil Partnership Act (Lebenspartnerschaftsgesetz) entered into before 1 October 2017, which could now be converted into a marriage if desired
- Partner in a civil partnership recognised under foreign law that essentially corresponds to a German registered marriage.
The same applies to you as the custodial parent of a minor unmarried child who is a German citizen.
You will need a residence permit to join your child.
If you are granted a residence permit, you may move to Germany and work here.
A residence permit for family reasons can also be issued to
- Spouses and children of foreign nationals living in Germany and
- other family members in cases of particular hardship.
Responsible authority
- for the issue of a national visa before entering the federal territory: the German mission abroad (embassy, consulate)
- after entry: the immigration authority
The immigration authority is- if you live in an urban district or a large district town: the municipal administration
- if you live in a district town or municipality: the district administration office
Details
Prerequisite
The requirements for a residence permit are
- You fulfil the passport and visa requirements.
For the passport requirement, it is sufficient if you have a replacement identity document. - There are no grounds for deportation against you.
- Your stay does not jeopardise or impair the interests of the Federal Republic of Germany.
- The person you are joining has German citizenship and usually resides in Germany.
- additionally in the case of spousal reunification:
- Minimum age of both spouses: 18 years
- basic knowledge of German on the part of the person joining you
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 can enter Germany without a visa and apply for a residence permit.
Citizens of Andorra, Brazil, El Salvador, Honduras, Monaco and San Marino can also enter Germany without a visa and apply for a residence permit for family reasons.
Note: As a rule, their livelihood does not have to be secured.
Please note: You will not receive a residence permit for family reasons if you have forced the family relationship
- have forced the relationship or
- have only come to Germany to join your family.
Procedure
Before travelling to Germany, you must apply for a national visa in your home country.
After entering the country, you must apply for a residence permit in writing to the immigration office before your visa expires.
You will then receive either a residence permit or a notice of refusal.
The residence permit is limited in time. You must apply for an extension at the immigration office in good time before it expires.
Deadlines
none
Required documents
- Proof of fulfilment of passport and visa requirements
- Proof that there are no grounds for deportation against you
- Proof that you do not jeopardise or impair the interests of the Federal Republic of Germany
- Proof of German citizenship and habitual residence in Germany of the person you are joining
- Proof of family affiliation (e.g. birth and marriage certificates, proof of a registered civil partnership)
- in the case of spouse reunification additionally:
- Proof of the minimum age of both spouses
- Proof of basic German language skills of the person joining you
Costs
- first issue: EUR 100.00
- Extension for up to three months: EUR 96.00
- Extension for more than three months: EUR 93.00
Note: Only in exceptional cases can the competent authority exempt you from the costs.
Miscellaneous
You will receive the residence permit as a cheque card with additional electronic functions. You can find more information on this under"Applying for an electronic residence permit (eAT)".
Foreign nationals who form a family with Germans: They can apply for a settlement permit after three years.
Young foreign nationals: You can obtain a settlement permit under simplified conditions if you
- have grown up in Germany or
- have entered the country within the framework of child reunification.
Family members of nationals of an EU or EEA state who themselves belong to an EU or EEA state: You can
- enter the country freely,
- do not require a residence permit and
- are allowed to work in Germany.
Family members of nationals of an EU or EEA state who do not belong to an EU or EEA state: They may
- enter and
- stay in Germany.
Please note the entry regulations.
Legal basis
Aufenthaltsgesetz (AufenthG)
- § 5 AufenthG (Allgemeine Erteilungsvoraussetzungen)
- § 27 AufenthG (Grundsatz des Familiennachzugs)
- § 28 AufenthG (Familiennachzug zu Deutschen)
- § 30 AufenthG (Ehegattennachzug)
- § 31 AufenthG (Eigenständiges Aufenthaltsrecht der Ehegatten)
- § 35 AufenthG (Eigenständiges, unbefristetes Aufenthaltsrecht der Kinder)
§ 3 Freizügigkeitsgesetz/EU (FreizügG/EU) (Familienangehörige von Unionsbürgern)
Release note
machine generated, based on the German release by: Justizministerium Baden-Württemberg, 18.10.2024