Who can file a family reunion application?
A prerequisite for family reunification is that a family member has an appropriate residence permit.
Here are two possible cases:
For a German national
For a foreigner who has a residence permit in Germany
Depending on the above cases, different regulations may be applied:
1) The residence permit is to be issued to the
a. foreign spouse of a German,
b. minor unmarried child of a German,
c. Parent of a minor single German for the exercise of caring
if the German has his habitual residence in the Federal territory. (§ 28 Residence Act).
2) For family reunification to a foreigner:
a. the foreigner must to have a settlement permit, EU permanent residence permit, residence permit or EU Blue Card, and
b. adequate living space available. (§ 19 Residence Act).
For a successful family reunification, a visa for entry is required in advance.
This must be applied for at the foreign representation of Germany in country of origin or in German embassy in the home country of the family. The relevant authority will require a number of evidences before making a decision regarding the visa. Since original documents are often required, the German family member may also provide the appropriate evidence to the competent immigration office.
The following proof must be provided at least:
Proof that the newcomer has gained a basic knowledge of the German language. Required here is the level A1 of the Goethe-Institute
Copy of identity card
An informal invitation from the family member living in Germany
When a spouse joins: marriage certificate
Three passport photos of the applicant (family member)
As foreign authorities and embassies in connection with family reunification visa work hand in hand, the necessary documents may be submitted to both authorities.
Extra documents for joining to a non-German:
For family reunification, regarding the evidence and proof, the principle works similarly when family members want to join a non-German who has a residence permit in this country. However, the regulations require much more evidence before a spouse or child visa is issued:
There must be enough living space for the whole family. Here you can, for example, submit a lease.
In addition, it must be ensured that the livelihood is secured for all. This is usually will be a contract of employment or a tax report as proof.
For more information contact Jaberi Law Firm to receive some legal tips.