Nachzug aus familiären Gründen (zu Ausländern) - Aufenthaltserlaubnis beantragen
Inhalt
Begriffe im Kontext
- Anforderungen in Bezug auf Aufenthaltskarten für Unionsbürger und ihre Familienmitglieder, einschließlich Familienmitglieder, die keine Unionsbürger sind
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 5 of the Residence Act (AufenthG) (General conditions for granting residence permits)
- § Section 27 Residence Act (AufenthG) (principle of family reunification)
- § Section 29 Residence Act (AufenthG) (family reunification with foreigners)
- § Section 30 Residence Act (AufenthG) (subsequent immigration of spouses)
- § Section 31 Residence Act (AufenthG) (independent right of residence for spouses)
- § Section 32 Residence Act (AufenthG) (subsequent immigration of children)
- § Section 33 Residence Act (AufenthG) (birth of a child in the federal territory)
- § Section 35 Residence Act (AufenthG) (independent, unlimited right of residence for children)
- § Section 3 of the Freedom of Movement Act/EU (FreizügG/EU) (family members)
Children and husbands or wives of foreign nationals living in Germany can obtain a residence permit for family reasons. With this you may
- move to Germany and
- pursue gainful employment or employment to the same extent as the family member living in Germany is permitted to do.
The same applies to the following same-sex civil partnerships:
- "registered civil partnerships" within the meaning of the German Civil Partnership Act
- civil partnerships recognized under foreign law that are essentially equivalent to a German "registered civil partnership"
The residence permit is limited in time. You can apply to have it extended. The duration of your residence permit depends on the length of stay of your family member already living in Germany.
A residence permit for family reasons can also be issued to
- Spouses and children of Germans as well as custodial parents of unmarried German minors and
- other family members in cases of particular hardship.
- Proof of fulfillment of passport and visa requirements
- Proof of secure means of subsistence
- Proof that there are no grounds for deportation against you
- Proof that you do not jeopardize or impair the interests of the Federal Republic of Germany
- Proof of the residence permit of your family member already living in Germany
- Proof of sufficient living space
- Proof of family affiliation (e.g. birth and marriage certificates, proof of a registered civil partnership)
- In the case of spousal reunification additionally:
- Proof of the minimum age of both spouses
- Proof of basic German language skills of the person joining you
- if children between the ages of 16 and 18 are joining the family:
- Proof of entry as part of a family with the parents or
- Proof of German language skills or a positive integration prognosis or
- Proof of particular hardship
Note: Depending on which other requirements you have to fulfill, the competent authority may request additional documents.
The requirements for a residence permit are
- You fulfill the passport and visa requirements.
For the passport requirement, it is sufficient if you have a replacement identity document. - Your means of subsistence are secured without you drawing on public funds.
Your means of subsistence are deemed to be secure if you- Income in the amount of the basic social assistance rate plus
- costs for accommodation and heating and
- any health insurance contributions.
- There are no grounds for deportation against you.
- Your stay does not jeopardize or impair the interests of the Federal Republic of Germany.
- Your family member already living in Germany has a
- settlement permit,
- permanent residence permit-EG or
- residence permit and
- sufficient living space available.
- additionally in the case of spouse reunification:
- Minimum age of both spouses: 18 years
- basic knowledge of German on the part of the person joining them
- if children between the ages of 16 and 18 are joining the spouse:
- Entry as part of a family with the parents or
- command of the German language or a positive integration prognosis (e.g. due to coming from a German-speaking family or attending a German-speaking school) or
- Existence of a special case of hardship
You may also have to meet other requirements. These depend in part on the status of the family member already living in Germany. Please contact the relevant authority directly.
Please note: A residence permit for family reasons is excluded if you have forced the marriage or other family relationships
- have forced the marriage or
- only entered into the relationship in order to join your family in Germany.
Issue: 100 €
Extension up to 3 months: 96 €
Extension for more than 3 months: 93 €
It takes about five weeks to issue the residence permit. Therefore, please apply for it in good time. Otherwise, a fictitious certificate can be issued temporarily. The fee is 13 €.
Before entering Germany, you must apply for a national visa in your home country.
After entering Germany, you must apply for a residence permit in writing at the Foreigners' Registration Office before your visa expires.
Since 01.09.2011, you will receive the residence permit in the form of a check card with additional electronic functions. You can find more information on this under "Applying for an electronic residence permit (eAT)".
You must apply for the extension of your residence permit at the Foreigners' Registration Office in good time before it expires.
Depending on where you live, the foreigners authority is the municipal administration or the district office.
Young foreign nationals who
- have grown up in Germany or
- have entered the country as part of child reunification,
can obtain a settlement permit under simplified conditions.
Family members of nationals of EU/EEA member states can join them in Germany in accordance with the Freedom of Movement Act/EU. This means that
- Family members of nationals of EU/EEA states who are themselves nationals of an EU or EEA state can enter the country freely and pursue gainful employment.
- Family members of nationals of EU/EEA states who do not themselves belong to an EU or EEA state also have a right of entry and residence.
- for the issue of a national visa before entering Germany: the German mission abroad (embassy, consulate)
- after entry: the foreigners authority in whose district you usually reside.
Foreigners authorities in Hesse are the district councils and mayors of the independent towns and towns belonging to the district with more than 50,000 inhabitants
Tip: The Federal Foreign Office provides a list of German missions abroad on its website.