Family reunification

Marriage and family are under special protection in Germany. Nevertheless, it is not so easy for third-country nationals to bring their own family to Germany. Whether you can bring your family to Germany depends primarily on your residence status. However, many other requirements must also be met.

Here you can find out everything you need to know about family reunification for third-country nationals without a refugee background. Different requirements apply to refugees. You can find out more in our chapter"Family reunification for refugees".

Please note:On July 7, 2023, a new law was passed regarding the immigration of skilled workers to Germany. It contains numerous changes and innovations as well as simplifications to make Germany more attractive for skilled workers. It is not yet clear exactly when the various changes and innovations will be introduced. When the time comes, we will publish updates on our website. We recommend that you visit our website regularly to stay well informed.

If you have any further questions, you can also contact our community platform "Together in Germany", our community managers will be happy to answer your questions!

What do I need to know?

Can I apply for family reunification?

Whether you can apply for family reunification depends on your residence status. You need at least a residence permit. However, you must also meet other requirements. You can find out more about this in the section "What requirements do I have to meet for family reunification?".

Which family members can I bring over?

You can only bring close family members to Germany. These are

Wife or husband or registered partner. They must have been over 18 years of age at the time of the marriage. Important: If you only got married after your arrival in Germany, you must have held a residence permit for at least 2 years in order to bring your spouse to Germany.
Your underage unmarried children
If you yourself are a minor and unmarried: Your parents or other adults who have custody of you. As a rule, you can only bring minor siblings to Germany if their livelihood is secured and sufficient living space is available.

Otherwise, there must be "exceptional hardship" for underage siblings and other family members. In these very rare cases, it is possible to obtain a visa in accordance with § 36 Para. 2 or § 22 of the Residence Act. This option is often referred to as the "hardship regulation". It is an emergency clause in the right of residence. In practice, it is very difficult to obtain a visa through this emergency clause. There must be an urgent danger to the life and limb of one of your family members. And you must meet many requirements, e.g. securing your livelihood. Seek advice from an advice center or a good lawyer. You can find addresses in the section "Where can I find advice and support?".

What requirements do I have to meet for family reunification?

To bring your family to Germany, you must meet the following requirements:

1. the means of subsistence for you and your family must be secured: This means that you earn enough money to be able to provide for yourself and your family. You must not receive any money from the job center or social welfare office. This means that you must earn enough money so that you are not allowed to receive money from the Jobcenter or social welfare office. Regardless of whether you would accept the money from the Jobcenter or Social Welfare Office. How much money you actually have to earn depends on the size of your family. The Immigration Office will check your income carefully.

2.your apartment is big enough: Your apartment must be big enough for your family. As a rule, you need 12 square meters per family member aged 6 and over. For children under 6 years of age, 10 square meters are sufficient. Babies up to the age of 2 are not included. In exceptional cases, an apartment may be a little smaller.

3. you have health insurance for yourself and your family: As a rule, you can insure your family under what is known as "family insurance". You can find out more about this in our chapter"Health insurance".

4. your family members speak German: If your spouse wants to come to Germany via family reunification, they must prove that they speak German at A1 level. To do this, you need a certificate from a language school. This rule does not apply to children under the age of 16. If your child is already over 16 years old, they must prove that they speak German at C1 level or that they have successfully completed an apprenticeship. Exception: Some groups of people are exempt from the German language requirement:

If you are a holder of an EU Blue Card or have a residence permit as a highly qualified specialist, researcher or self-employed person, your family does not need to provide proof of German language skills.
If your spouse has a university degree, he/she is not required to have any knowledge of German.
If your family comes from Australia, Israel, Japan, Canada, Korea, New Zealand or the USA, no knowledge of German is required.
If it is not possible for your family to obtain a German certificate in your home country, the immigration authority can make an exception. This is called the "hardship regulation".
If a family member is unable to learn German due to a physical, mental or psychological illness or disability, an exception can be made. However, you will need a certificate.

Are there easier conditions if I have German citizenship?

Yes, if you have German citizenship yourself, your family can come to Germany under easier conditions. In this case, you do not have to prove that you can support yourself and your family independently. The size of your home is also irrelevant. However, your family must meet the above-mentioned requirements regarding their German language skills.

Where and how do I apply for family reunification?

Your family must apply for family reunification in person at the German diplomatic mission abroad (embassy or consulate general) in their home country or the country in which they are staying. To do this, your family must make an appointment and bring all the papers with them to this appointment. You can find out what these documents are in the next section.

After your family has submitted the application at the embassy, the embassy will send the application to the foreigners authority responsible for you. The immigration authority will check whether the requirements for family reunification are met and will issue a statement. The procedure often takes many months, sometimes more than a year. If the immigration authority approves the application, your family will receive a visa and can then travel to Germany legally.

What documents does my family need to bring to the appointment at the embassy?

Your family must bring at least the following documents with them:

The confirmation email from the embassy about the appointment
Visa applications for all family members
An extract from the family register (if this document exists in your country)
Birth certificates of all family members
Your marriage certificate
A copy of your residence permit for Germany

These documents may need to be legalized by the German embassy. This means that their authenticity must be confirmed. This legalization can be done during your appointment.

The embassy may request further documents from you. You should therefore check the website of the embassy where your family has an appointment before your appointment.

What happens if the immigration authority does not agree to family reunification?

If the immigration authority does not agree to your family reunification, it must give reasons for this in a statement. One reason may be, for example, suspicion of a fictitious marriage. The German diplomatic mission abroad (embassy or consulate general) will then refuse the visa for your family members. You then have two options:

1. your relatives can lodge an objection in writing within one month. The objection must be submitted to the German embassy. In this letter, they should explain why the refusal is wrong. Once the objection has been received, your family member's application will be re-examined. Your family members will either be granted a visa or the objection will also be rejected. If the application is rejected again, your family members will receive a so-called "remonstration decision" explaining in detail why they will not be granted a visa. Your relatives can lodge an appeal against this decision with the administrative court at your place of residence within four weeks. To do this, you should hire a lawyer who will take care of everything.

2. you can file a complaint directly with the administrative court at your place of residence. You have four weeks to do this. Ask a lawyer for advice on this.

Where can I get advice and support?

The migration advice centers and the youth migration service can help you. The staff there speak different languages and are very familiar with the Residence Act. They can also recommend lawyers.

What do I have to do after my family arrives in Germany?

First of all, your family must register at the Citizens' Registration Office / Residents' Registration Office. You can find out more about this in our chapter"Police registration". Your family must then register with the Foreigners' Registration Office. There, your family members will apply for a residence permit for the purpose of family reunification (§§27-36 AufenthG). As the immigration authority has already checked all the documents for the visa application, this usually happens fairly quickly. You can book an appointment for this before your family arrives.

If you have school-age children, you will need to register them for school. You can find out more about this in our "School" section.

Important

Once your family has arrived in Germany, you must register your family members with the Residents' Registration Office / Citizens' Registration Office and the Aliens' Registration Office.

In this context, family reunification for third-country immigrants who do not have a refugee background is regulated differently than for refugees. To bring your family to Germany, you must not only have a residence permit but also meet other requirements such as securing the means of subsistence, having a large enough apartment, having health insurance, and ensuring that your family members speak German.

Despite the challenges, there are easier conditions for family reunification if the immigrant holds German citizenship. In this case, proof of independent financial support and apartment size are not required, but language skills must still be met.

Source: handbookgermany.de