Applying for an extension of a residence permit to enable a foreign spouse to join a German national

• Find out whether your foreigners authority allows you to apply online or has a special application form.
• If the application can only be submitted in person, make an appointment at the Foreigners' Registration Office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, preferably in the original).
• If your application is approved, your fingerprints will be taken to produce the residence permit in the form of a new electronic residence permit (eAT card).
• The foreigners authority orders the production of the eAT card from Bundesdruckerei. After completion, you will receive information and can collect the eAT card from the relevant office. The eAT card must always be collected in person.
• If your application is rejected, you will receive a rejection notice.

Immigration office

In principle, the same requirements must be met for the extension of the residence permit as for the initial issue of the residence permit. This means

• Your current residence permit is due to expire in the near future.
• You would like to continue your stay in Germany with your German spouse or partner.
• Your marriage or civil partnership with the German national remains in force.
  Please note: The marriage ceases to exist if it has been dissolved, annulled or declared null and void by a final decision of a competent authority.
• Your German spouse or partner continues to have their habitual residence in Germany (in other words, the centre of their life is in Germany, and this is not merely a temporary situation).
• You continue to live with your spouse or partner in a family-like living arrangement (for example, in a shared home). If you do not live together in a shared home, a family-like living arrangement may be assumed if you maintain regular contact with one another that goes beyond mere visits.
• You must be able to communicate in German at least at a basic level (level A1 of the Common European Framework of Reference for Languages). An exception may be made if no German language courses are available in your country of origin, if they are too expensive, or if you are unable to attend them for other reasons.
  Please note: in certain circumstances, the Foreigners’ Registration Office may require you to attend an integration course. This will then be noted on your residence permit.
• There is no interest in deporting you.
• Their stay does not jeopardise or impair the interests of the Federal Republic of Germany.

• Recognised and valid identity document (e.g. passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• If there is an obligation to attend an integration course: proof that an integration course has been completed or that integration into social and community life has taken place in some other way. If an integration course has not yet been completed, the Foreigners’ Registration Office may refuse to extend the residence permit or may extend it for only one year until the course has been successfully completed or proof has been provided that integration into social and community life has taken place in some other way.

The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.

You may need to provide the Immigration Authority with further proof that your marriage or civil partnership is still valid (for example, a marriage certificate).

• Section 45(2) of the Residence Ordinance (AufenthV)

• Section 28(3) of the Residence Act (AufenthG)
• § Section 8 (1) Residence Act (AufenthG)

• Appeal against the decision of the immigration authority within one month of notification
• Action before the court named in the notice of objection if the objection is not upheld

Informal application possible: Yes

Personal appearance required: Yes

• As a rule, family reunification with Germans does not include securing a livelihood.
• A residence permit will not be granted if the marriage or civil partnership
  • was enforced, or
  • has been submitted solely for the purpose of family reunification in Germany.
• If polygamy is permitted in the country of origin, only the spouse or partner of the first marriage is entitled to join the family.
• After holding a residence permit for three years as part of family reunification for a foreign spouse of a German national, an application may be made for a permanent residence permit (Niederlassungserlaubnis) under simplified conditions (see information on ‘Granting a settlement permit to family members of German nationals who have joined them’).
• The procedure at the Foreigners' Registration Office is usually conducted in German.
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for information purposes only and is not legally binding.