Applying for an extension of a residence permit for other family members joining a German national

• Find out whether your foreigners authority allows you to apply online or has a special application form.
• If you are under 18, you are not permitted to submit the application yourself; you will need a representative (the application is usually submitted by the parents who have parental responsibility).
• 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.
• If you are under 18, you must be accompanied by at least one representative when attending in person. If the parents with parental responsibility are unable to attend in person, a written authorisation must be provided for the application.
• 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

• You are a citizen of a country outside the EU or the EEA.
• The person you are joining has German nationality and is habitually resident in Germany.
• They are still classified as ‘other family members’ of a German national; in other words, they are neither the German national’s spouse nor an unmarried minor child. Other family members include, for example, adult unmarried children, siblings, parents, parents-in-law, grandparents, uncles, aunts, nephews, nieces, sisters-in-law and brothers-in-law, and foster children. Fathers of biological German children who are not married to the mother are also included in the eligible group.
• There may still be a case of particular hardship, for example because your German family member is dependent on your help due to illness, disability or the need for care.
  Please note: Adverse circumstances in your home country do not constitute grounds for a case of particular hardship.
• Your joining your family in Germany also serves to establish a family life together with the German national (for example, living together in the same home). In the case of a geographical separation caused solely by work or training, or where you are living together to provide support or care due to the German national’s placement in a care home, a family life together may also be recognised if you maintain regular contact with the German national that goes beyond mere visits.
• You can continue to support yourself and maintain your health insurance cover without having to claim public benefits. Please
  note: This requirement does not apply to family members who are minors.
• There is no interest in deporting you.
• Your 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)
• Proof of means of support (for example, from personal assets, a security deposit paid into a blocked account, a bank guarantee or a declaration of commitment)
• Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy).
• In the case of minors: Consent from all persons with parental responsibility for the planned stay (declaration of consent); if the parents with parental responsibility are unable to submit the application jointly on behalf of their child, a written power of attorney from the absent parent is required; if parental responsibility rests with only one parent, that parent’s signature is sufficient

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 submit further evidence of your family relationship to the Immigration Authority, together with a statement explaining the exceptional hardship involved.

• Section 45(2) of the Residence Ordinance (AufenthV)
• Section 50(1) of the Residence Regulation (AufenthV)

• Section 28(3) of the Residence Act (AufenthG)
• § Section 36 Residence Act (AufenthG)
• Section 27 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

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

• When renewing a residence permit, the Immigration Authority may waive the requirement to demonstrate ‘sufficient means of support’ in the case of adult family members.
• The residence permit authorises the holder to take up gainful employment.
• You are not entitled to an extension of your residence permit. The Foreigners’ Registration Office has discretion (a margin of judgement) as to whether to grant family reunification.
• 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.

Ministry of the Interior and Municipal Affairs of the State of Brandenburg, Department 21