Family reunification is one of the most important areas of German immigration law – and one of the most complex. The legal framework governing who can join a family member in Germany, on what basis, and subject to which requirements varies significantly depending on the sponsor’s residence status, the relationship between the parties, and the individual circumstances of the case.
At Schlun & Elseven Rechtsanwälte, we are one of Germany’s leading immigration law firms, with over ten years of experience advising private clients and families on residence permits, family reunification, naturalization, and employment migration. Our immigration team is among the largest of any full-service law firm in Germany, and we represent clients from across the world – whether they are based abroad, already in Germany, or managing proceedings from a third country.
We advise sponsors and their family members at every stage of the reunification process – from assessing eligibility and preparing documentation to representing clients before the foreigners’ authority and, where necessary, pursuing legal remedies where authorities fail to act. All of our immigration services are provided in English, and we operate on a digital-first basis, meaning consultations, document review, and case management are handled remotely as standard, with no requirement to attend our offices in person.
If you require legal assistance, please contact our team directly using the contact form below.
Requirements for Family Reunification
Third-country nationals who want to act as sponsors for a spouse or registered partner, a child, a parent, or another family member will usually need to be in possession of the following:
- a permanent residence permit,
- an EU long-term residence permit,
- a residence permit or
- an EU Blue Card (Section 29(1) of the German Residence Act).
In addition, there must be sufficient living space for the sponsor and the family member joining them (Section 29(1)(2) of the German Residence Act), and the requirements of Section 5(1) of the German Residence Act have to be met:
- sponsors will usually have to prove that they can provide for themselves and the family member joining them,
- verification of the identity and nationality of the persons,
- the passport obligation must be met,
- the interests of the Federal Republic of Germany must not be compromised or jeopardized,
- there must be no grounds for expulsion.
A more detailed description of these requirements, along with exemptions for specific groups, can be found under the Requirements for exercising the right to family reunification.
The sponsor and, in some cases, the immigrating family members will need to meet additional requirements before foreign spouses, registered partners, children, parents, and other family members can enter Germany. However, several groups of persons can benefit from preferential treatment and may be partially or fully exempt from the requirements for family reunification set out below.
Family Reunification of Spouses and Registered Partners
In cases of spouse or registered partner reunification with a third-country national in Germany, besides the above-mentioned regulations and requirements, Section 30(1) of the German Residence Act imposes additional requirements:
- both spouses or partners need to be at least 18 years of age
- the immigrating spouse or registered partner can communicate in the German language at least on a basic level (level A1 CEFR)
- the spouse or registered partner already residing in Germany must either possess
- a permanent residence permit
- an EU long-term residence permit
- an EU Blue Card
- a residence permit for research reasons
- a residence permit for third-country nationals being granted the right to asylum, as a recognized refugee or a beneficiary of subsidiary protection, or
- has held a residence permit for two years and the residence permit is not subject to a subsidiary provision according to Section 8(2) of the German Residence Act, or the subsequent issuance of a settlement permit has not been ruled out under the rule of law, or
- is in possession of a residence permit if the marriage or civil partnership existed at the time of said permit being granted and the duration of the third-country national’s stay in the federal territory is expected to exceed one year, or
- possesses a residence permit under Section 38a of the German Residence Act, and the marriage or civil partnership already existed in the Member State of the European Union in which the third-country national has the status of a long-term resident
The age requirement, the language requirement, as well as further requirements may be waived for some of the mentioned status groups under specific conditions (Section 30(1) and (2) of the German Residence Act, see section “Integration Measures: Language Skills”). However, a reunification of spouses and registered partners may also be denied (see section: “Exclusion from the right to family reunification”).
Family Reunification of Minors (Extended to Adopted, Foster and Stepchildren)
Section 32 of the German Residence Act sets out the following additional requirements:
- The child has to be an unmarried minor,
- The parents or the parents possessing the sole right of care and custody are in possession of the following:
- a residence permit
- an EU Blue Card
- a settlement permit or
- an EU long-term residence permit.
If the child is aged 16 or over and if it does not relocate the central focus of its life to Germany together with its parents or the parent possessing the sole right of care and custody, it is additionally required that:
- the child speaks German
- It appears, based on their education and way of life to date, that they will be able to integrate into the way of life prevailing in the Federal Republic of Germany.
This shall, however, not apply if:
- the parent possesses a residence permit per Section 23(4) of the German Residence Act (resettlement refugees), Section 25(1) of the German Residence Act (persons entitled to asylum) or subsection 2 (recognized refugees), a settlement permit per Section 26(3) of the German Residence Act or, after being granted a residence permit per Section 25(2) of the German Residence Act second alternative, was awarded a permanent residence permit per Section 26(4) (beneficiaries of subsidiary protection) of the German Residence Act, or
- the parent or their spouse living together as a family possesses a settlement permit per Section 19 (highly qualified workers) of the German Residence Act or an EU Blue Card.
Where parents share the right of care and custody, the child’s residence permit is also granted to join only one parent if the other parent has given their consent or a competent authority has issued a relevant binding decision.
Minor children also have the right to join their family if, due to the parents joining a minor child who benefits from protection in Germany, any minor siblings of the refugee would be left alone in the family’s country of origin or residence. In this case, the minor siblings may be entitled to join their brother or sister.
Family Reunification of Other Family Members
Section 36 of the German Residence Act refers to:
- the parents of German or foreign adult or minor children
- adult children who want to join their parents
- minor children who want to join adult close family members
- other family members such as siblings, aunts, uncles, nieces, nephews and cousins
Those family members may be granted a residence permit to avoid particular hardship, meaning circumstances that suggest that either the family member living in Germany or the family member wanting to join them is dependent on family support, which can only be provided in the Federal Republic of Germany (e.g. in case of a particular need of care). Circumstances justifying the need for family care will depend on the individual case (e.g. minority, illness, handicaps, need for maintenance, psychological conditions).
Circumstances arising from the general situation of living in the country of origin of the immigrating family member cannot be considered, meaning that unfavourable educational, economic, social or other conditions in the country of origin are not a case of particular hardship. Urgent humanitarian reasons unrelated to the separation of family members will only be considered if the residence is granted on humanitarian grounds.
Establishing life as a family with a family member living in Germany is usually unnecessary to prevent particular hardship if other family members living abroad can care for and educate a child.
| Family Member | Requirements and Notes |
|---|---|
| Parents | For parents of minor children residing in Germany, there are no additional requirements, and the requirements of sufficient livelihood and adequate living space shall be waived if: no parent possessing the right of care and custody is resident in the federal territory, and the child has a residence permit or permanent residence permit as a resettlement refugee, a third-country national who is granted the right to asylum, a recognized refugee or a beneficiary of subsidiary protection. In all other cases of parents of minor children residing in Germany and parents of adult children living in Germany, the only additional requirement is the prevention of particular hardship. |
| Adult Children | Additional requirement: prevention of particular hardship. Married minor or adult children may not join their parents in Germany for as long as the marriage of the child lasts. This does not affect the possibility of them being granted a residence title for other reasons. For further detail on this route, see our guidance on family reunification for parents with adult children. |
| Non-Married Partners | Immigration for the purpose of family reunification is not possible. However, the deportation of the partner may be suspended, or they may be granted a residence permit according to Section 25(4) of the German Residence Act until the date of marriage or the partnership registration. |
| Complete Orphans (e.g. grandchildren) | The immigration of minor other family members to relatives in the ascending line will only be permitted in exceptional circumstances, e.g. because they are orphans (e.g. grandchildren joining their grandparents), or if the parents are obviously not able to undertake the care and custody of the child in the long run. |
| Applicants in Polygamous Marriages | According to Section 30(4) of the German Residence Act, if a third-country national is married to or living in a civil partnership with more than one partner and is already living in Germany together with a spouse or registered partner, no other spouse or registered partner will be granted a residence permit. |
| Other Dependent Persons | Additional requirement: prevention of particular hardship. |
Limited Right to Family Reunification: Persons Granted “Tolerated Stay”, Victims of Human Trafficking and Other Status Groups
For specific groups of persons, the right of family reunification is only granted in single cases or cases of particular hardship, e.g. under international law provisions or for urgent humanitarian reasons or to safeguard the political interests of the Federal Republic of Germany (Section 29(3) of the German Residence Act). Such a case applies if the third-country national family member shall join a sponsor already residing in Germany, who:
- was granted a residence permit for the purpose of admission from abroad per international law or on urgent humanitarian grounds (Section 22 of the German Residence Act),
- was granted a residence permit by the supreme Land authorities per international law on humanitarian grounds or to uphold the political interests of the Federal Republic of Germany (Section 23(1) of the German Residence Act),
- was approved for admission by the Federal Ministry of the Interior in consultation with the supreme Land authorities to safeguard the special political interests of the Federal Republic of Germany (Section 23(2) of the German Residence Act),
- was granted a residence permit due to their suspension of deportation according to Section 60(5) or Section 60(7) of the German Residence Act,
- has been the victim of human trafficking or victim of exploitation involving a deprivation of liberty (Section 25(4a) of the German Residence Act),
- was granted a residence permit in the case of well-integrated young people and adolescents (Section 25a of the German Residence Act), or
- was granted a residence permit in the case of a person whose deportation has been suspended and who has become integrated lastingly into the way of life in the Federal Republic of Germany (Section 25b of the German Residence Act).
Exclusion from the Right to Family Reunification
Family reunification shall not be granted in the following cases:
- if the marriage has been entered into or the kinship has been established solely to enable the subsequently immigrating persons to enter and stay in the federal territory, or
- if there are concrete indications that one of the spouses has been forced into marriage (Section 27(2) of the German Residence Act),
- to a third-country national who is non-enforceably required to leave federal territory (Section 25(4) of the German Residence Act),
- to a third-country national who became a victim of a crime according to Section 10(1) or Section 11(1) of the Act to Combat Clandestine Employment or according to Section 15a of the German Act on Temporary Work,
- to a third-country national who is enforceably required to leave the federal territory (Section 25(5) of the German Residence Act),
- to some additional status groups (Section 25a(2), Section 25b(4), Section 104a of the German Residence Act, and Section 104b of the German Residence Act).
Family reunification may also be denied if the sponsor does not fulfill specific requirements. This applies especially in cases where subsistence is not secure, e.g., if public funds such as basic income or social welfare are being drawn (Section 27(3) of the German Residence Act).
Application Requirements and Exemptions
As a rule, specific minimum requirements for available living space, a secure subsistence, and health insurance for both the sponsor and the immigrating family member must be met. However, there may be exemptions for certain status groups. The requirements may also differ for those joining a family member who holds a student residence permit, as set out in our guidance on family reunification as a student in Germany.
Accommodation
Upon receiving an application for family reunification, the local immigration authority will check whether the sponsor can provide sufficient living space for themselves and the family member joining them. Adequate living space is usually deemed available if:
- 12 sqm of living space are available to each family member aged above six, and
- 10 sqm of living space for each family member aged below six.
Adequate availability of the facilities (kitchen, bathrooms, lavatories) must be ensured. A shortfall of about 10 percent is acceptable. Children up to the age of two shall not be included in the calculation of sufficient living space for the accommodation of families.
Sufficient Financial Resources
The granting of a residence title for family reasons generally presupposes that the sponsor’s own subsistence and the subsistence of the reuniting family members are secure. This requirement also holds true for health insurance.
A third-country national’s subsistence shall be secure when they can earn a living for themselves and their family members without recourse to public funds.
Drawing the following benefits does not constitute recourse to public funds:
- child benefits
- children’s allowances
- child-raising benefits
- parental allowances
- educational and training assistance per Book Three of the Social Code, the Federal Education Assistance Act or the Upgrading Training Assistance Act
- public funds based on own contributions or granted to enable residence in Germany, and
- Grants of Advance for the Maintenance of Children
It makes no difference whether public funds are obtained; rather, it is decisive whether the sponsor is eligible for them. The competent immigration office evaluates the individual’s needs. It makes a predictive decision based on existing income and account statements, taking into account the employment contract (duration, scope, etc.).
Legal Assessment of Financial Eligibility
The financial eligibility assessment is rarely straightforward. While the standard benchmarks set out under the German Social Code provide a baseline, the immigration authority is required to make a forward-looking determination – assessing not just whether the sponsor’s current income is sufficient, but whether it is likely to remain so for the duration of the intended stay.
This predictive assessment (Zukunftsprognose) takes into account factors such as the nature and duration of the sponsor’s employment contract, the sector in which they work, and the likelihood of continued employment or contract renewal. Temporary contracts are not automatically disqualifying, but the authority will weigh the circumstances of the individual case carefully.
Where a sponsor’s financial situation is complex – for example, where income is variable, employment is self-employed or project-based, or where the calculation of household needs involves multiple family members – the legal standards applied and the weight given to individual factors can have a significant bearing on the outcome.
Our lawyers have extensive experience advising sponsors and their families on the financial requirements for family reunification, including in complex and borderline cases. We review the full documentary picture ahead of submission, identify potential weaknesses in the financial case, and prepare the legal analysis and argumentation necessary to present the strongest possible position to the authority. Where a case requires it, we develop detailed written submissions addressing the specific standards the authority will apply. Thorough preparation and well-reasoned legal arguments can be the difference between approval and refusal.
Healthcare Insurance
If the sponsor is enrolled in a statutory health insurance fund, the sponsor is deemed to have sufficient health insurance coverage. Generally, family members are co-insured under the statutory health insurance of the sponsor living in Germany (family insurance). Children are categorically co-insured under the health insurance of their parents.
Exemptions
The requirements for secure subsistence and the provision of sufficient living space may be waived for certain groups of people:
- Resettlement refugees with a residence permit (Section 23(4) of the German Residence Act),
- A person granted a residence permit (Section 25(1) of the German Residence Act) or a settlement permit (Section 26(3) of the German Residence Act) as a third-country national who is granted the right to asylum,
- a person who has been awarded refugee status within the meaning of Section 3(1) of the Asylum Act or a subsidiary protection status within the meaning of Section 4(1) of the German Asylum Act, or
- a person who, after being granted a residence permit as a beneficiary of subsidiary protection (Section 25(2) of the German Residence Act sentence 1 second alternative), is given a settlement permit within the meaning of Section 26(3) of the German Residence Act.
For the mentioned groups, the requirements are to be waived if:
- the application for issuance of a residence title required in connection with the subsequent immigration of dependants is filed within three months of final recognition as a person entitled to asylum or final granting of refugee status or subsidiary protection status or a residence permit within the meaning of Section 23(4) of the German Residence Act (resettlement refugees), and
- it is not possible for a sponsor and their dependants to live together as a family unit in a state which is not a Member State of the European Union and to which the sponsor or their dependants have special ties.
Additionally, specific requirements may also be waived if:
- the sponsor in Germany was granted temporary protection per Section 24(1) of the German Residence Act, and
- the family unit in the country of origin has been broken up as a result of the sponsor having fled said country, and
- the dependant is admitted from another Member State of the European Union or is located outside the European Union and requires protection (Section 29(4) of the German Residence Act).
Integration Measures before and/or after Admission
Spouses and registered partners of third-country nationals living in Germany need to prove that they can communicate in German, at least on a basic level, before they enter the country. This provision aims to prevent forced marriages and to make the spouse’s integration into German society easier.
Where the immigrating spouse or partner wishes to join a national of certain countries (e.g. Australia, Japan, the United States) or a family member permitted to reside in Germany on the grounds of specific residence titles (e.g. an EU long-term residence permit or an EU Blue Card), they are exempt from demonstrating German language skills.
As a rule, family members must prove their basic knowledge of German at the German diplomatic mission abroad before they enter the country. If the applicant cannot demonstrate their German language skills, the visa application may be rejected, or its processing will be delayed until the applicant provides the necessary evidence.
Applicants can generally prove the required knowledge and skills by obtaining a language certificate from a recognized institution (e.g. the Goethe-Institut) which certifies that the applicant has German language skills at reference level A1 of the Common European Framework of Reference for Languages (CEFR). To obtain an A1 language certificate from the Goethe-Institut, students will usually have to complete 160 lessons of 45 minutes each, with the actual length of the course depending on their existing knowledge of German.
The diplomatic mission abroad may waive the requirement of formal evidence of language skills if the applicant demonstrates their knowledge of German when applying to the visa department.
According to Section 30(1) of the German Residence Act, the age and language requirements are to be waived if the spouse or registered partner sponsored in Germany possesses:
- a settlement permit for highly qualified third-country nationals
- an EU Blue Card
- a residence permit for research purposes or the purpose of self-employment
- a residence permit for research purposes immediately before a settlement permit or an EU long-term residence permit was issued, or
- a residence permit for persons who possess the status of long-term residents in other Member States of the European Union, and the marriage or civil partnership already existed in the Member State of the European Union in which the third-country national has the status of a long-term resident.
According to Section 30(1) of the German Residence Act, the language requirements are also to be waived if the family reunification shall take place with a third-country national in Germany who is:
- a resettlement refugee (Section 23(4) of the German Residence Act),
- granted the right to asylum and holding a residence or settlement permit (Section 25(1) and Section 26(3) of the German Residence Act),
- a recognized refugee holding a residence or settlement permit (Section 25(2) and Section 26(3) of the German Residence Act),
- a beneficiary of subsidiary protection holding a residence or settlement permit (Section 25(2) and Section 26(4) of the German Residence Act), and
- the marriage or civil partnership already existed at the time when the third-country national established their ordinary primary residence in the federal territory.
Furthermore, this holds true if:
- the spouse or registered partner is unable to provide evidence of basic knowledge of German on account of a physical, mental or psychological illness,
- the spouse’s or registered partner’s need for integration is discernibly minimal within the meaning of a statutory instrument issued under Section 43(4) of the German Residence Act, or the spouse or registered partner would, for other reasons, not be eligible for an integration course under Section 44 of the German Residence Act after entering the federal territory,
- by virtue of their nationality, the third-country national may enter and stay in the federal territory without requiring a visa for a period of residence which does not constitute a short stay,
- the third-country national holds an EU Blue Card, or
- due to particular circumstances on a case-by-case basis, it is not possible or not reasonable for the joining spouse or registered partner to make efforts to learn basic German (Section 30(1) of the German Residence Act).
The language skills requirement may also be waived if the family reunification with a spouse or registered partner is at the same time a family reunification as a primary carer to a minor German child. In this case, the statutory provisions for family reunification with a child apply, and no language skills need to be proven.
Integration Courses
The regular procedure does not require integration or orientation course attendance before entering Germany. After entering the country, migrants may be entitled or obliged to attend an integration course.
Procedures: Application and Verification at German Missions Abroad
Application Procedure at the German Mission Abroad
The family member, spouse, or registered partner who wants to join their family in Germany must file a visa application for family reunification with the German diplomatic mission abroad. Visas for family reunification are usually issued by the diplomatic mission (embassy or honorary consulate) of the Federal Republic of Germany in the country where the applicant ordinarily resides (e.g. lawful residence for at least six months).
The sponsor in Germany may file a corresponding application with the foreigners’ authority, for example, to comply with the three-month period after recognition as an asylum seeker, as a refugee or as a beneficiary of subsidiary protection, or the granting of a residence permit as a resettlement refugee (Section 29(2) of the German Residence Act).
Apart from that, the foreigners’ authority at the sponsor’s place of residence shall check whether the requirements concerning available living space, secure subsistence and healthcare insurance are met.
In the case of Syrian protection beneficiaries, the German foreigners’ authorities may grant preliminary application approval and send this to the responsible diplomatic mission abroad, reducing the processing burden and shortening the processing period.
Processing times at German missions abroad are frequently exceeded in practice. Where an application has been pending without a substantive response, structured legal remedies are available. Our immigration lawyers advise on family reunion visa delays and can also assist where the German immigration office is not responding at the local authority stage.
Verification Procedure by the German Mission Abroad
During the visa procedure, applicants must provide evidence of their identity, family relationship, marriage, or registered partnership (see section: Documentary Evidence Required from the Applicant).
The German mission abroad also verifies whether the family member constitutes a threat to public policy, public security or public health by sending the applicant’s data to the Federal Office of Administration (Bundesverwaltungsamt – BVA).
The BVA can then follow the procedure of Section 73(1) of the German Residence Act and forward these data to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counterintelligence Service, the Federal Criminal Police Office, and the German Customs Investigation Bureau, to determine grounds for refusing a residence title according to Section 5(4) of the German Residence Act or examine other grounds for concern. Alternatively, it can use an automated procedure to compare the data with records stored in the anti-terrorism database established in 2011 (Section 1(1) of the Act on the Anti-Terrorism Database) according to Section 72a of the German Residence Act.
The latter procedure is initiated if there are grounds to assume that the applicant is a member of a terrorist association, a group which supports such an association, or a group which unlawfully uses force to assert international political or religious issues, or supports, prepares or consciously incites the use of such force (Section 72a(2) of the German Residence Act).
In case of a database match, the Federal Office of Administration will notify the relevant security authorities, which in turn inform the responsible diplomatic mission if there are grounds to refuse a residence title (Section 72a(3) of the German Residence Act).
Verification Procedure by the German Immigration Authority
The immigration authority at the place of residence of the sponsor must agree to the issuance of a visa to the family members and examine whether the requirements for exercising the right to family reunification are met.
Accommodation: The foreigners’ authority can check whether sufficient living space is available through the following:
- a tenancy or purchase agreement specifying the floor space of the apartment, or
- evidence of monthly expenses for the apartment:
- for rented apartments: monthly rent including expenditures for heating (recent confirmation by the landlord or account statement)
- for owned apartments: monthly expenses (interest and redemption payments for loans and monthly maintenance fees)
Healthcare Insurance: Sufficient healthcare insurance coverage is deemed to exist if the sponsor is enrolled in a statutory health fund. As a rule, family members are covered by the sponsor’s statutory healthcare insurance in Germany (family insurance). Their parents’ healthcare insurance usually covers children.
The family’s subsistence must be secure in the long run. The foreigners’ authority will therefore gauge whether the sponsor’s subsistence is certain during the intended period of stay. Even if the foreign sponsor does not draw basic or social security benefits at the time of the examination, the authority shall examine whether they are or would be entitled to such benefits once the family member joins them.
Where the sponsor has signed a temporary employment contract, the circumstances of the individual case will be taken into account, including whether, as is the rule in specific economic sectors, it is likely that the sponsor will sign new employment contracts with the same or another employer, or whether there is a risk of unemployment once the contract runs out.
In general, subsistence should be secured by the third-country nationals themselves. In exceptional cases, a third person may guarantee subsistence; however, they must meet strict requirements to do so.
When family members join a gainfully employed third-country national in Germany, the individual needs of the sponsor and the family members joining them will be calculated. This calculation will be based on the regular benefits as set out in the Second Book of the German Social Code (SGB II in conjunction with SGB XII), which covers food, clothing, hygiene products, furniture, energy supply (excluding heating and hot water) and everyday personal needs, including adequate participation in social and cultural life.
Where a family member has entered Germany on a national visa and has applied for a residence permit before that visa expires, they may be entitled to a Fiktionsbescheinigung (probationary certificate), which documents the continued validity of their residence status while the application is pending.
| Regular Benefits Categories according to Section 28 of the SGB XII (effective 1 January 2024 – unchanged for 2025 and 2026) | Amount in € |
|---|---|
| Category 1: One adult with their own household as a single adult or single parent | €563 |
| Category 2: Each of two adults with a joint household as spouses, registered partners or in a marriage-like partnership | €506 |
| Category 3: One adult with neither their own household nor a joint household with a spouse or registered partner | €451 |
| Category 4: One young person aged between 14 and 18 | €471 |
| Category 5: One child aged between 6 and 14 | €390 |
| Category 6: One child aged up to 6 | €357 |
Documentary Evidence Required from the Applicant by the German Mission Abroad
The documents required for a family reunification visa application must be submitted to the German diplomatic mission abroad. Incomplete or incorrectly certified documentation is one of the most common reasons for processing delays and, in some cases, outright refusal. All documents must be valid at the time of submission and must be in either German or English; documents in other languages must be accompanied by certified translations.
Residence Permit for Family Reunion (Duration of Stay Longer than 3 Months)
General requirements:
- Passport
- Completed and signed application forms
- Completed and signed declaration forms in German or English
- Recent biometric passport photographs
Proof of the purpose of travel:
- A valid marriage certificate
- Proof of German language skills at A1 level (CEFR)
- For reunification with a German spouse: a copy of the German partner’s passport and identity card
- For reunification with a non-German spouse: proof of legal residence in Germany and a copy of the sponsor’s passport
- For reunification with a German child: the child’s birth certificate, evidence of the child’s nationality, and, where applicable, proof of the right of care and custody
- For reunification with parents: the children’s birth certificates
The specific documents required may vary depending on the applicant’s country of origin, the nature of the family relationship, and the sponsor’s residence status in Germany. Our lawyers advise on the full documentary requirements of the individual case and review submissions before they are filed to reduce the risk of delay or refusal on procedural grounds.
How Schlun & Elseven Can Help
Family reunification cases vary enormously in their complexity. Some proceed straightforwardly once the documentation is in order; others involve borderline financial situations, contested eligibility, unresponsive authorities, or family circumstances that do not map cleanly onto the standard categories. Our immigration lawyers have advised clients across the full spectrum of these cases for over ten years, representing families from across the world before German immigration authorities and, where necessary, before the administrative courts.
We operate on a digital-first basis, meaning we can advise and represent clients whether they are based in Germany or abroad. All services are provided in English. If you require legal assistance with family reunification in Germany, please contact our team directly using the contact form below.
An Overview: Frequently Asked Questions about Family Reunification
Yes, in most cases. The immigrating spouse or registered partner must demonstrate basic German language skills at level A1 of the Common European Framework of Reference for Languages (CEFR) before the visa is issued. This can be met by submitting a certificate from a recognized institution such as the Goethe-Institut. Exemptions apply in a number of situations depending on the sponsor’s permit type and the individual circumstances of the case. Legal advice is recommended where the language requirement may be an issue.
Yes, but only where the circumstances of the case meet the threshold of particular hardship under Section 36 of the German Residence Act. This means the situation must suggest that either the parent or the adult child in Germany is dependent on family support that can only be provided in Germany. General economic or social conditions in the country of origin are not sufficient grounds. Each case is assessed individually, and the bar for demonstrating particular hardship is relatively high.
There is no single fixed income threshold. The immigration authority makes a forward-looking assessment of whether the sponsor’s income is sufficient to cover the needs of the household without recourse to public funds. The assessment takes into account current income, the nature and duration of the employment contract, and the likelihood of continued employment. Sponsors in complex or borderline financial situations are advised to seek legal advice before submitting an application.
Yes. Certain groups are exempt, including resettlement refugees, persons granted the right to asylum, recognized refugees, and beneficiaries of subsidiary protection, provided the application is filed within three months of the relevant status being granted and it is not possible for the family to live together in a non-EU country to which they have ties. Additional exemptions apply where the sponsor was granted temporary protection and the family unit was broken up as a result of flight.
Processing times vary depending on the German diplomatic mission handling the application. Delays are common in practice, and where an application has been pending without a substantive response for an unreasonable period, legal remedies are available. Our lawyers advise on visa delay proceedings and can assist where the process has stalled.
Not through the standard family reunification route. Family reunification for the purpose of joining a non-married partner is not permitted under German law. However, where the partner would otherwise face deportation, a suspension of deportation may be granted, or a temporary residence permit may be issued under Section 25(4) of the German Residence Act until the couple marries or registers a civil partnership. Legal advice is recommended, as the options available depend heavily on individual circumstances.
The core documents required include a valid passport, completed and signed application and declaration forms in German or English, recent biometric photographs, a valid marriage certificate (for spouse reunification), and proof of German language skills at A1 level. Additional documents depend on the nature of the family relationship and the sponsor’s residence status. All documents must be valid at the time of submission; those not in German or English must be accompanied by certified translations. Incomplete documentation is one of the most common causes of delays and refusals.
Yes. We operate on a digital-first basis and advise clients whether they are located in Germany or abroad. Consultations, document review, and case management are handled remotely as standard. All services are provided in English.
Practice Group: Our German Immigration Lawyers
Practice Group:
Our German Immigration Lawyers
