Aufenthaltserlaubnis bei Nachzug aus familiären Gründen (zu Ausländern) 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 8 (1) in conjunction with. § Section 30 (3) AufenthG
You can find the legal basis here:
- § 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 of EU citizens)
- § Section 104 Residence Act (AufenthG) (transitional provisions)
Children and spouses 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.
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".
Please note: Until March 16, 2018, family reunification will not be granted to persons who were issued a residence permit after March 17, 2016 on the basis of subsidiary protection status in accordance with Section 25 (2) sentence 1 second alternative AufenthG!
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.
Depending on which other requirements you have to fulfill, the competent authority may request additional documents. Please enquire at the relevant diplomatic mission or immigration office to find out which documents are required.
- 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
The requirements for a residence permit are
- You fulfill the passport and visa requirements.
- Your livelihood is secured without you drawing on public funds.
- 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 residence permit in Germany.
- settlement permit,
- EU permanent residence permit
- EU Blue Card or
- residence permit and
- sufficient living space.
- 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 you, additionally
- 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 enquire directly at the responsible office.
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
- have only entered into the relationship in order to join your family in Germany.
- Valid for up to one year: 100 euros
- Valid for more than one year: 110 euros
- Extension up to three months: 96 euros
- Extension for more than three months: 93 euros
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 immigration office before your visa expires.
The immigration of family members of nationals of EU/EEA states is governed by the Freedom of Movement Act/EU.
If you require a national visa, you must apply to the German diplomatic mission (embassy, consulate) in your home country in whose district you have your habitual residence or domicile.
Note: An overview of German missions abroad with contact addresses and telephone numbers can be found on the website of the Federal Foreign Office.
Before your entry visa expires, you must apply for a residence permit at the Foreigners' Registration Office. If you were allowed to enter the country without a visa, you must apply for a residence permit at the Foreigners' Registration Office within three months of entering the country. The foreigners authority in whose district you usually reside is responsible for you (depending on where you live, the district administrator of the district or the mayor of the independent city).