Applying for a residence permit for other family members to join a German national
Service description
As a family member of a German national, you may be granted a residence permit on the grounds of family reunification if your stay in Germany is necessary to prevent exceptional hardship.
A residence permit is a temporary residence authorisation and is usually granted for at least one year. You can apply to have your residence permit extended.
Procedure
- 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 so that your residence permit can be issued in the form of an 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.
Who should I contact?
Immigration office
Prerequisites
- 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 fall within the category of ‘other family members’ of a German national; in other words, they are neither the 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 this category of eligible persons.
- This is 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 hardship case.
- The purpose of your joining your family is to establish a family life together with the German national (for example, living together in the same home). In cases where the physical separation is due solely to work or training, or where there is a relationship based on support or care resulting from accommodation 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 cover your living expenses and health insurance for the duration of your stay without having to rely on state benefits.
- There is no interest in deporting you.
- Their stay does not jeopardise or impair the interests of the Federal Republic of Germany.
Which documents are required?
- Recognised and valid identity document (e.g. passport or passport substitute)
- Current biometric photo in passport format (45 x 35 mm)
- Visa, if this was required for entry
- Proof of family relationship
- Reasons for exceptional hardship
- 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.
What fees are incurred?
Fee::
- 100.00 for applicants of legal age
- 50.00 euros for applicants under the age of 18
Remark:
Additional fees may apply for the issuing of a residence permit in the form of an electronic residence permit (eAT card), which can also be used as electronic proof of identity.
The time and form in which fees are charged and paid vary depending on the authority.
In certain cases, fee reductions or exemptions may apply (e.g. for persons entitled to asylum or recognised refugees). Lower fees may apply for Turkish nationals.
What deadlines do I have to observe?
Application deadline: 6 to 8 weeks
Note (for more information on the deadline):
The extension should be applied for at least eight weeks before your valid residence permit expires.
A residence permit is a temporary residence authorisation and is issued for a minimum of one year. An application for renewal must be submitted to the Foreigners’ Registration Office in good time before the permit expires.
Processing time
approx. 6 to 8 weeks
Note regarding further information on processing times:
The processing time may vary depending on the capacity utilisation of the foreigners authority.
It takes the Bundesdruckerei around 4 to 6 weeks to produce the electronic residence permit.
Legal basis
Legal remedy
- 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
Applications / Forms
Informal application possible: Yes
Personal appearance required: Yes
What else should I know?
- You are not entitled to be granted a residence permit. The Foreigners’ Registration Office has discretion (a margin of judgement) as to whether to grant family reunification.
- The residence permit authorises the holder to take up gainful employment.
- 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.