The requirements that must be met for family reunification depend on the nationality of the family member living in Germany (reference person/authorised family member) and the family relationship between the family member and the reference person.

 

In principle, the following requirements must be met for family reunification:

 

1. Requirement for family reunification: proven family relationship

Firstly, the embassy or immigration authority must be notified of the existence of appropriate family relationships for family reunification. These family relationships must be proven by means of suitable documents (e.g. marriage certificate or birth certificate). 

 

A distinction must be made between the following family relationships:

... Family reunification with the spouse

... Family reunification of children with their parents

... Family reunification of parents

 

2. Requirement for family reunification: secure livelihood

For family reunification, it is also necessary that the family's livelihood is secured (without claiming social benefits). Specifically, the family must be able to pay daily expenses, rent and health insurance (Section 2 (3) AufenthG). This is usually proven by an employment contract between the spouses. 

 

3. Requirement for family reunification: correct visa

According to the Residence Act, it is also necessary for family reunification to take place with an appropriate visa. This means that anyone applying for a residence permit for family reunification must have previously held a visa for family reunification (Section 5 (2) Residence Act). It is therefore not possible, for example, to apply for a residence permit for family reunification if you entered the country on a tourist visa. However, there are numerous exceptions to this rule. If in doubt, a lawyer specialising in migration law can advise you on this.

 

4. Requirement for family reunification: language skills

In some cases, it is also necessary for family members to be able to communicate in German (A1 language skills). However, this does not apply to the immigration of skilled workers. German language skills are therefore not relevant for skilled workers in the area of family reunification.

 

5. Requirement for family reunification: consent of the immigration authority

If family reunification is not applied for as a residence permit but as a visa, the approval of the immigration authority is required for the visa to be issued. The embassy will therefore involve the foreigners authority at the place where the foreigner wishes to take up residence. However, this is a purely formal act of migration control, as the foreigners authority merely checks the visa requirements once again.