Definition and Concept of Family Reunification
The term family reunification refers to the legally regulated process by which family members of a foreigner entitled or permitted to stay in a country acquire the right to join that person and, on this basis, obtain a residence permit. The aim of family reunification is to preserve family unity in light of the constitutionally protected right to family life, taking into account both international and national regulations.
Legal Basis of Family Reunification
National Legal Sources
In Germany, the central legal bases for family reunification are primarily set out in the Residence Act (AufenthG) . Key provisions can be found in Sections 27 to 36 of the Residence Act. Additional relevant regulations exist in the German Civil Code (BGB) and in European Union residence law.
International Legal Sources
International treaties, such as the European Convention on Human Rights (ECHR) and the Convention on the Rights of the Child (CRC), require contracting states to respect the right to family life and enable family reunification. The Charter of Fundamental Rights of the European Union and EU Directive 2003/86/EC on the right to family reunification are applicable at the EU level.
Eligible and Benefited Persons
Family Members Eligible for Reunification
Under German law, the Residence Act differentiates between the nuclear family (spouses, registered partners, unmarried minor children) and other family members eligible for reunification under special conditions (e.g., parents of minor refugees, adult children, other relatives).
Spousal and Registered Partnership Reunification
Spousal reunification is possible under Section 30 of the Residence Act if the marriage is legally valid and is not a marriage of convenience. The same applies for registered partnerships.
Reunification of Minor Children
The reunification of unmarried minor children is governed by Section 32 of the Residence Act. Adult children can only join in exceptional hardship cases and under specific conditions.
Parent and Other Family Reunification
Parents of minor unaccompanied refugees (Section 36(1) Residence Act) have a separate right of reunification to safeguard the child’s welfare. Other relatives may only reunite in cases of hardship (Section 36(2) Residence Act).
Family Reunification in Special Status Groups
Beneficiaries of Protection and Refugees
Recognized refugees and persons entitled to subsidiary protection enjoy privileged access rights to family reunification under Sections 29 and 36a of the Residence Act, especially with regard to minor children. In some cases, requirements are relaxed, for example, regarding securing subsistence.
EU Citizens and Third-Country Nationals
EU citizens entitled to reside in Germany and their family members are generally subject to the Freedom of Movement Act/EU and can exercise their right to family reunification under simplified conditions. Third-country nationals generally have to meet higher requirements.
Requirements for Family Reunification
General Requirements
The key general requirements include:
- Issuance of a residence title for the foreigner who is already living in the country (e.g., residence permit, settlement permit)
- Secured subsistence (Section 5(1) No. 1 Residence Act)
- Sufficient living space (Section 29(1) No. 2 Residence Act)
- Proof of basic German language skills for spouses joining later (Section 30(1) Sentence 1 No. 2 Residence Act)
- No grounds for expulsion (Section 5(1) No. 2 Residence Act)
- Proof of civil status and identity
Exceptions and Ease of Requirements
Certain persons or groups are exempt from some requirements. For example, under certain conditions, refugees do not have to provide proof of secured subsistence or sufficient German language skills. This applies particularly when cohabitation is necessary for international law, humanitarian, or family reasons.
Procedure for Family Reunification
Application and Visa Process
Family reunification generally requires application to the competent foreign mission of the destination country. Once the documents have been positively reviewed and the requirements met, a visa for the purpose of family reunification is issued.
Reunification with Persons Entitled to Reside Domestically
Upon entry, registration with the competent foreigners authorityis required, which issues the residence permit and regularly reviews ongoing compliance with requirements.
Rejection and Legal Remedies
A denial of family reunification is possible if legal requirements are not met, or if the public interest in maintaining public order, security, and health outweighs individual interests. Legal remedies such as legal remedies such as filing an objection or bringing an action before the administrative court, may be pursued against negative administrative decisions.
Special Cases and Current Developments in Family Reunification
Family Reunification for Persons Entitled to Subsidiary Protection
With the amendment by the Family Reunification New Regulation Act (in force since August 2018), reunification with persons entitled to subsidiary protection is generally possible, but it is limited to 1,000 persons per month and subject to a hardship review.
Hardship Provisions
In special exceptional cases, family reunification may be granted within the scope of Hardship Provisions even if the legal requirements are not or are only partially met in the individual case (Section 36(2) Residence Act).
Summary and Importance of Family Reunification
Family reunification is a significant component of residence law and safeguards the right to family life protected by national and supranational regulations. The specific design and enforceability of these rights depend on the respective legal requirements and political frameworks. The continual development of the legal situation requires careful consideration of current developments.
Further Information:
- Residence Act (AufenthG) – current version
- BMI – Information on Family Reunification
- Federal Foreign Office – Visa for Family Reunification
Frequently Asked Questions
Who is legally entitled to family reunification?
In principle, close family members of third-country nationals (nationals from outside the EU/EEA/Switzerland) are entitled to family reunification in Germany. This primarily includes the spouse or registered partner, unmarried minor children, and, in exceptional cases, parents with parental authority of minor children who are already lawfully residing in Germany. The legal basis is, in particular, the Residence Act (AufenthG), Sections 27 ff. The Act distinguishes between reunification with Germans and with foreigners, whereby specific provisions have applied to the reunification of persons entitled to subsidiary protection (e.g., refugees) since August 2018 (capacity limits and special requirements). In addition, depending on the status of the person living in Germany (e.g., recognized refugee, subsidiary protection beneficiary, holder of a settlement permit), different reunification rules and specific requirements may apply.
What general requirements must be met for family reunification?
The most important legal requirements for family reunification include secured subsistence, sufficient living space for the family, proof of health insurance coverage and, as a rule, basic German language skills of the joining family member (language level A1 as per GER). These requirements can be waived in certain circumstances, for example in the case of reunification with recognized refugees (within the first three months after recognition). Other deviating regulations may apply in individual cases, especially for protection beneficiaries under the Geneva Refugee Convention or if the best interest of the child is affected. Additionally, a valid and registered marriage or parent-child relationship must be proven.
Which documents and evidence are required for the application?
Various documents must be submitted for the application for family reunification. These generally include: a valid passport or replacement document, marriage or birth certificate (legalised or with apostille, including officially certified translation), proof of the sponsor’s residence permit in Germany, evidence of living space (rental agreement, calculation of living area), proof of income of the supporter(s), confirmation of sufficient health insurance coverage, and, if necessary, language certificates. Additional documents may be required by the competent foreign mission, depending on the country of origin and individual circumstances. Documents should be submitted in full before applying, as incomplete applications often lead to delays or rejections.
What role do language skills play in family reunification?
German language skills are a central criterion in the family reunification process, particularly regarding spousal reunification. The joining spouse generally must demonstrate basic German language skills at level A1 (GER), proven by a recognized language certificate. Exceptions exist, among others, if the sponsor holds an EU Blue Card, an ICT card, a settlement permit as a highly qualified person, or if there are certain personal reasons (e.g., disability, illness). Language skills are not required for the reunification of minor children. The exact requirements and exceptions are set out in Section 30(1) Sentence 3 No. 2 of the Residence Act.
Are there deadlines for applying for family reunification?
Yes, there are important deadlines to observe. For privileged family reunification with recognized refugees, there is a deadline of three months after recognition of protected status (Section 29(2) Sentence 1 No. 2 Residence Act); within this period, the requirements to secure subsistence or provide proof of sufficient living space are waived. If the application is submitted at a later date, the general requirements apply again. In any case, it must be borne in mind that family reunification is subject to approval and that long processing times at the foreign missions and requests for additional documents can cause further delays. Observing the right to a fair hearing and timely application are therefore of central importance.
What legal options are available if a family reunification application is denied?
In the event of a negative decision, the applicant may file an objection or bring an action within one month after notification of the denial, depending on the competence and circumstances at the respective foreign mission or administrative court. Judicial review is carried out in accordance with the provisions of the Administrative Procedure Act (VwVfG) and the Administrative Court Code (VwGO). It is advisable to carefully review the reasons for the denial and, if necessary, to consult a qualified legal representative to assess whether the legal requirements are actually not met or whether procedural errors have been made. The legal proceedings can take several months depending on the individual case. In especially urgent cases, expedited proceedings may be possible.
What special features apply to family reunification for recognized refugees and persons entitled to subsidiary protection?
For family reunification with recognized refugees (subsidiary protection according to the Geneva Refugee Convention), the Residence Act grants the right to reunification with spouses and unmarried minor children under relaxed conditions. Under certain circumstances, parents of minor recognized refugees may also join them. Until August 2018, family reunification for persons entitled to subsidiary protection was suspended; since then, it has been limited by a yearly quota (maximum of 1,000 visas per month). Special provisions apply to this group, especially regarding proof of subsistence and language skills. The specific requirements and prioritization are determined by law and reviewed by the BAMF and the foreign missions.
Which authorities and instances are involved in a family reunification process?
Several authorities and instances are regularly involved in the family reunification process: The German foreign mission in the country of origin of the joining family member generally receives the visa application and conducts the visa procedure. In Germany, the foreigners authority responsible for the sponsor’s place of residence is decisive and grants approval. In addition, the Federal Office for Migration and Refugees (BAMF), possibly the registry office (for the review of certificates and civil status confirmation), and other authorities are involved. In case of disputes, the administrative courts act as the legal remedy instance. The cooperation of these authorities and adherence to formal procedures are crucial for successful completion of the family reunification process.
